Public Act 93-0247
HB2477 Enrolled LRB093 09496 BDD 09731 b
AN ACT concerning forest preserves.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Downstate Forest Preserve District Act is
amended by changing Section 6 as follows:
(70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
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,
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 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 acquiring land contiguous to
an existing park or forest 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 governing body of
the municipality or (ii) have the power to condemn property
for a linear park or trail in an unincorporated area without
the concurrence of the governing 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 shall be deferred for 6 months. The district shall
have no power to acquire an interest in real estate situated
outside 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. 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 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
and disabled veterans, and as a place upon which to construct
rehabilitation quarters, or to a county as grounds for a
county nursing home or 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 or other public service, subject to
such terms and conditions as may be determined by such
District.
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.
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.
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 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.
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.
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.
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
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.
The board of any forest preserve district is authorized
to sell at fair market price, gravel, sand, earth and any
other material obtained from the lands and waters owned by
the district.
For the purposes of this Section, "acquiring land"
includes acquiring a fee simple, lease or easement in land.
(Source: P.A. 91-384, eff. 7-30-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.