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Public Act 101-0344
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| SB1651 Enrolled | LRB101 10943 AWJ 56117 b |
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AN ACT concerning local government.
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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 Downstate Forest Preserve District Act is |
amended by changing Section 6 as follows:
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(70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
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Sec. 6. Acquisition of property. Any such District shall |
have power to
acquire lands and grounds
for the aforesaid |
purposes by lease, or in fee simple by gift, grant, legacy,
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purchase or condemnation, or to acquire easements in land, and |
to construct,
lay out, improve and maintain wells, power |
plants, comfort stations,
shelter houses, paths, driveways, |
public roads, roadways and other
improvements and facilities in |
and through such forest preserves as they
shall deem necessary |
or desirable for the use of such forest preserves by
the public |
and may acquire, develop, improve and maintain waterways in
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conjunction with the district. No district with a population |
less than
600,000 shall have the power to purchase, condemn, |
lease or acquire an
easement in property within a municipality |
without the concurrence of the
governing body of the |
municipality, except where such district is acquiring
land for |
a linear park or trail not to exceed 100 yards in width or is
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acquiring land contiguous to an existing park or forest |
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preserve, and no
municipality shall annex any land for the |
purpose of defeating a District
acquisition once the District |
has given notice of intent to acquire a
specified parcel of |
land. No district with a population of less than
500,000 shall |
(i) have the power
to condemn property for a linear park or |
trail within a municipality
without the concurrence of the
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governing body of the municipality or (ii) have the power to
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condemn property for a linear park or
trail in an |
unincorporated area without the concurrence of the governing
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body of the township within which the property is located or |
(iii) once
having commenced a proceeding to acquire land by |
condemnation, dismiss or
abandon that proceeding without the |
consent of the property owners.
No district shall establish a |
trail surface within 50 feet of an occupied
dwelling which was |
in existence prior to the approval of the acquisition by
the |
district without obtaining permission of the owners of the |
premises or
the concurrence of the governing body of the |
municipality or township within
which the property is located. |
All acquisitions of land by a district with a
population less |
than 600,000
within 1 1/2 miles of a municipality shall be |
preceded by a conference with
the mayor or president of the |
municipality or his designated agent. If a
forest preserve |
district is in negotiations for acquisition of land with
owners |
of land adjacent to a municipality, the annexation of that land
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shall be deferred for 6 months. The district shall have no |
power to acquire
an interest in real estate situated outside |
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the district by the exercise of
the right of eminent domain, by |
purchase or by lease, but shall have the
power to acquire any |
such property, or an easement in any such property,
which is |
contiguous to the district by gift, legacy, grant, or lease
by |
the State of Illinois, subject to
approval of the county board |
of the county, and of any forest preserve
district or |
conservation district, within which the property is located.
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The district shall have the same control of and power over |
land, an
interest in which it has so acquired, as over forest |
preserves within the
district. If any of the powers to acquire |
lands and hold
or improve the same given to Forest Preserve |
Districts, by Sections 5
and 6 of this Act should be held |
invalid, such invalidity shall not
invalidate the remainder of |
this Act or any of the other powers herein
given and conferred |
upon the Forest Preserve Districts. Such Forest
Preserve |
Districts shall also have power to lease not to exceed 40 acres
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of the lands and grounds acquired by it, for a term of not more |
than 99
years to veterans' organizations as grounds for |
convalescing sick veterans and veterans with disabilities, and |
as a place upon which to construct rehabilitation
quarters, or |
to a county as grounds for a county nursing home or
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convalescent home. Any such Forest Preserve District shall also |
have
power to grant licenses, easements and rights-of-way for |
the
construction, operation and maintenance upon, under or |
across any
property of such District of facilities for water, |
sewage, telephone,
telegraph, electric, gas, renewable energy, |
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or other public service, subject to such terms
and conditions |
as may be determined by such District.
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Any such District may purchase, but not condemn, a parcel |
of land and sell a
portion thereof for not less than fair |
market value pursuant to resolution
of the Board. Such |
resolution shall
be passed by the affirmative vote of at least |
2/3 of all members of the
board within 30 days after |
acquisition by the district of such parcel.
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The corporate authorities of a forest preserve district |
that (i) is located in a county that has more than 700,000 |
inhabitants, (ii) borders a county that has 1,000,000 or more |
inhabitants, and (iii) also borders another state, by ordinance |
or resolution, may authorize the sale or public auction of a |
structure located on land owned by the district if (i) the |
structure existed on the land prior to the district's |
acquisition of the land, (ii) two-thirds of the members of the |
board of commissioners then holding office find that the |
structure is not necessary or is not useful to or for the best |
interest of the forest preserve district, (iii) a condition of |
sale or auction requires the transferee of the structure to |
remove the structure from district land, and (iv) prior to the |
sale or auction, the fair market value of the structure is |
determined by a written MAI-certified appraisal or by a written |
certified appraisal of a State certified or licensed real |
estate appraiser and the appraisal is available for public |
inspection. The ordinance or resolution shall (i) direct the |
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sale to be conducted by the staff of the district, a listing |
with local licensed real estate agencies (in which case the |
terms of the agent's compensation shall be included in the |
ordinance or resolution), or by public auction, (ii) be |
published within 7 days after its passage in a newspaper |
published in the district, and (iii) contain pertinent |
information concerning the nature of the structure and any |
terms or conditions of sale or auction. No earlier than 14 days |
after the publication, the corporate authorities may accept any |
offer for the structure determined by them to be in the best |
interest of the district by a vote of two-thirds of the |
corporate authorities then holding office. |
Whenever the board of any forest preserve district |
determines that
the public interest will be subserved by |
vacating any street, roadway,
or driveway, or part thereof, |
located within a forest preserve, it may
vacate that street, |
roadway, or driveway, or part thereof, by an
ordinance passed |
by the affirmative vote of at least 3/4 of
all the members of |
the board, except that the affirmative vote of at least
6/7 of |
all the members of the board is required if the board members |
are
elected under Section 3c of this Act. This vote shall be |
taken by ayes and
nays and entered in the records of the board.
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The determination of the board that the nature and extent |
of the
public use or public interest to be subserved is such as |
to warrant the
vacation of any street, roadway, or driveway, or |
part thereof, is
conclusive, and the passage of such an |
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ordinance is sufficient evidence
of that determination, |
whether so recited in the ordinance or not. The
relief to the |
public from further burden and responsibility of
maintaining |
any street, roadway or driveway, or part thereof,
constitutes a |
public use or public interest authorizing the vacation.
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Nothing contained in this Section shall be construed to |
authorize the
board of any forest preserve district to vacate |
any street, roadway, or
driveway, or part thereof, that is part |
of any State or county highway.
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When property is damaged by the vacation or closing of any |
street,
roadway, or driveway, or part thereof, damage shall be |
ascertained and
paid as provided by law.
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Except in cases where the deed, or other instrument |
dedicating a
street, roadway, or driveway, or part thereof, has |
expressly provided
for a specific devolution of the title |
thereto upon the abandonment or
vacation thereof, and except |
where such street, roadway or driveway, or
part thereof, is |
held by the district by lease, or where the district holds
an |
easement in the land included within the street, roadway or |
driveway,
whenever any street, roadway, or driveway, or part
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thereof is vacated under or by virtue of any ordinance of any |
forest
preserve district, the title to the land in fee simple |
included within
the street, roadway, or driveway, or part |
thereof, so vacated vests in
the forest preserve district.
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The board of any forest preserve district is authorized to |
sell at
fair market price, gravel, sand, earth and any other |