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| Public Act 101-0142 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Real Property Conservation Rights Act is | ||||
amended by changing Sections 1, 2, 4, and 6 as follows:
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(765 ILCS 120/1) (from Ch. 30, par. 401)
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Sec. 1.
(a) A conservation right is a right, whether stated | ||||
in the form
of a restriction, easement, covenant or condition, | ||||
or, without limitation,
in any other form in any deed, will, | ||||
plat, or without limitation any other
instrument executed by or | ||||
on behalf of the owner of land or in any condemnation
order of | ||||
taking, appropriate to preserving: (i) the significant | ||||
physical
character and visual characteristics of structures | ||||
having architectural,
historical, or cultural significance, | ||||
together with any associated real
property, whether or not | ||||
improved; or (ii) land or water areas predominantly
in their | ||||
natural, scenic,
open or wooded condition, or as suitable | ||||
habitat
for fish, plants, or wildlife; or (iii) the integrity | ||||
of archaeological
sites and the artifacts or information which | ||||
they may contain pending properly
supervised excavation and | ||||
investigation. Without limiting the generality
of the | ||||
foregoing, the instrument conveying or reserving a | ||||
conservation right
may, with respect to either the grantor or | ||||
grantee, require, prohibit,
condition,
limit or control any or | ||
all of the following:
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(1) access or public visitation;
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(2) affirmative acts of alteration, restoration, | ||
rehabilitation, repair,
maintenance, investigation, | ||
documentation, payment of taxes, or compliance
with public | ||
law and regulations;
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(3) conditions of operation, use, restoration, | ||
alteration, repair or
maintenance;
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(4) acts detrimental to the preservation of a place;
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(5) the construction, placement, maintenance in a | ||
particular condition,
alteration, or removal of roads, | ||
signs, billboards or other advertising,
utilities or other | ||
structures on or above the ground;
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(6) the dumping or placing of soil or other substance | ||
or material as
landfill,
or dumping or placing of trash, | ||
waste or other materials;
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(7) the excavation, dredging or removal of loam, peat, | ||
gravel, soil, rock
or other material substance in such | ||
manner as to affect the surface or to
otherwise alter the | ||
topography of the area;
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(8) the removal or destruction of trees, shrubs or | ||
other vegetation;
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(9) surface use inconsistent with preservation of | ||
water or land areas,
or the improvement or appurtenance | ||
thereto;
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(10) activities affecting drainage, flood control, | ||
water conservation,
erosion control or soil conservation, | ||
or fish and wildlife habitat
preservation; or
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(11) any other acts or uses having relation to the | ||
preservation of
structures,
sites and water or land areas | ||
or the improvements or appurtenances thereto.
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(b) A conservation right shall be taken to include a | ||
preservation
restriction
as that term is defined in Section | ||
11-48.2-1A of the "Illinois Municipal
Code", as now or | ||
hereafter amended, and shall not be unenforceable on account
of | ||
lack of privity of estate or contract or lack of benefit to | ||
particular
land or on account of the benefit being assigned or | ||
assignable. Conservation
rights shall be construed and | ||
enforced in accordance with their terms, and
shall be | ||
transferable and transferred, recorded and indexed, in the same
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manner as fee simple interests in real property, subject only | ||
to the
limitations
provided herein.
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Conservation rights may be released by the holder of such | ||
rights to the
holder of the fee even though the holder of the | ||
fee may not be an agency
of the State, a unit of local | ||
government or a not-for-profit corporation or
trust.
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The holder of a grant pursuant to this Act shall not be | ||
required to record
any instrument subsequent to the recording | ||
of the grant in order to maintain or
continue the validity of | ||
the grant.
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The holder of such rights shall also be permitted to | ||
transfer or assign
such rights but only to another agency of | ||
the State, a unit of local government
or to a not-for-profit | ||
corporation or trust.
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(c) A conservation right may be amended or modified from | ||
time to time only by a written instrument executed by the | ||
grantor and grantee and recorded with the office of the | ||
recorder of deeds of the county in which the land is located. | ||
Either party may, in the absolute discretion of the party, | ||
withhold consent to any amendment or modification requested by | ||
the other party. An amendment or modification shall not | ||
materially and adversely affect the conservation purposes of | ||
the conservation right or facilitate the extinguishment of the | ||
conservation right. The consent of any party other than the | ||
grantor and grantee is not required for amendment or | ||
modification, even if the other party is entitled to enforce an | ||
easement under this Act or any other law. The conservation | ||
right may contain other requirements for amendment or | ||
modification, and such other requirements shall control. | ||
(Source: P.A. 91-497, eff. 1-1-00.)
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(765 ILCS 120/2) (from Ch. 30, par. 402)
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Sec. 2.
Any owner of real property in this State may convey | ||
a conservation
right in such real property to
the United States | ||
or any agency of the federal government
an agency of the State, | ||
to a unit of local
government, or to a not-for-profit | ||
corporation or trust whose primary purposes
include the | ||
conservation of land, natural areas,
open space or water areas,
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or the preservation of native plants or animals, or biotic | ||
communities,
or geographic formations of scientific,
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aesthetic, or educational interest, or the preservation of | ||
buildings,
structures
or sites of historical, architectural, | ||
archeological or cultural significance.
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No conveyance of such conservation rights shall take effect | ||
until such
conveyance is accepted by the grantee.
Acceptance of | ||
such conservation rights may be conditioned upon any | ||
requirements
which are deemed proper by the grantee. Such | ||
requirements may include the
payment of funds by the grantor to | ||
provide for the management of such
conservation
rights.
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A unit of local government, including, but not limited to, | ||
a county, township, forest preserve district, conservation | ||
district, park district, or municipality, has the authority to | ||
grant a conservation right on property that it owns to another | ||
unit of government or to any not-for-profit corporation or | ||
trust described in this Section. | ||
(Source: P.A. 91-497, eff. 1-1-00.)
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(765 ILCS 120/4) (from Ch. 30, par. 404)
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Sec. 4.
A conservation right created pursuant to this Act | ||
may be enforced
in an action seeking injunctive relief, | ||
specific performance, or damages
in the circuit court of the | ||
county in which the area, place, building, structure
or site is | ||
located by any of the following:
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(a) the United States or any agency of the federal | ||
government,
the State of Illinois, or any unit of local | ||
government;
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(b) any not-for-profit corporation or trust which owns the | ||
conservation
right;
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(c) the owner of any real property abutting or within 500 | ||
feet of the
real property subject to the conservation right. | ||
Any owner of property
subject to a conservation right who | ||
wilfully violates any term of such
conservation
right may, in | ||
the court's discretion, be held liable for punitive damages
in | ||
an amount equal to the value of the real property subject | ||
thereto.
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An action to enforce a conservation right may also be | ||
brought by any party entitled to enforce the conservation right | ||
under this Section against a nonowner who is violating the | ||
terms of the conservation right. | ||
If the holder of a conservation right reasonably determines | ||
that there is a violation of the right, the holder of the | ||
conservation right may record a notice of violation against the | ||
property for which the conservation right applies. | ||
(Source: P.A. 91-497, eff. 1-1-00.)
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(765 ILCS 120/6) (from Ch. 30, par. 406)
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Sec. 6.
This Act shall not be construed to imply that any | ||
restriction,
easement, covenant or condition which does not | ||
have the benefit of the Act
shall, on account of any provision | ||
herein, be unenforceable. Nothing in
this Act shall diminish | ||
the powers granted in any other law to acquire by
purchase, | ||
gift, grant, eminent domain or otherwise and to use land for | ||
public purposes. A conservation right shall not be extinguished | ||
by adverse possession, a claim of abandonment, or merger, and | ||
may be extinguished only by such procedure as may be set forth | ||
in the conservation right or by a release of the conservation | ||
right in accordance with the terms of the conservation right. | ||
No prescriptive easement shall be established that adversely | ||
impacts the conservation values protected by the conservation | ||
right.
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(Source: P.A. 80-584.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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