101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2601

 

Introduced , by Rep. Bob Morgan

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 120/1  from Ch. 30, par. 401
765 ILCS 120/2  from Ch. 30, par. 402
765 ILCS 120/4  from Ch. 30, par. 404
765 ILCS 120/6  from Ch. 30, par. 406

    Amends the Real Property Conservation Rights Act. Provides that 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. Provides that either party may, in the absolute discretion of the party, withhold consent to any amendment or modification requested by the other party. Provides that 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. Provides that 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. Provides that the conservation right may contain other requirements for amendment or modification, and such other requirements shall control. Provides that a unit of local government has the authority to grant a conservation right on property that it owns to another unit of government or to a not-for-profit corporation or trust that meets certain criteria. Provides that an action to enforce a conservation right may be brought by any party entitled to enforce the conservation right against a nonowner who is violating the terms of the conservation right. Provides that a notice of violation may be recorded by the holder of the conservation right against any property that the holder of the conservation right reasonably determines is in violation of the conservation right. Provides that 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. Provides that no prescriptive easement shall be established that adversely impacts the conservation values protected by the conservation right. Effective immediately.


LRB101 09240 LNS 54334 b

 

 

A BILL FOR

 

HB2601LRB101 09240 LNS 54334 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Real Property Conservation Rights Act is
5amended by changing Sections 1, 2, 4, and 6 as follows:
 
6    (765 ILCS 120/1)  (from Ch. 30, par. 401)
7    Sec. 1. (a) A conservation right is a right, whether stated
8in the form of a restriction, easement, covenant or condition,
9or, without limitation, in any other form in any deed, will,
10plat, or without limitation any other instrument executed by or
11on behalf of the owner of land or in any condemnation order of
12taking, appropriate to preserving: (i) the significant
13physical character and visual characteristics of structures
14having architectural, historical, or cultural significance,
15together with any associated real property, whether or not
16improved; or (ii) land or water areas predominantly in their
17natural, scenic, open or wooded condition, or as suitable
18habitat for fish, plants, or wildlife; or (iii) the integrity
19of archaeological sites and the artifacts or information which
20they may contain pending properly supervised excavation and
21investigation. Without limiting the generality of the
22foregoing, the instrument conveying or reserving a
23conservation right may, with respect to either the grantor or

 

 

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1grantee, require, prohibit, condition, limit or control any or
2all of the following:
3        (1) access or public visitation;
4        (2) affirmative acts of alteration, restoration,
5    rehabilitation, repair, maintenance, investigation,
6    documentation, payment of taxes, or compliance with public
7    law and regulations;
8        (3) conditions of operation, use, restoration,
9    alteration, repair or maintenance;
10        (4) acts detrimental to the preservation of a place;
11        (5) the construction, placement, maintenance in a
12    particular condition, alteration, or removal of roads,
13    signs, billboards or other advertising, utilities or other
14    structures on or above the ground;
15        (6) the dumping or placing of soil or other substance
16    or material as landfill, or dumping or placing of trash,
17    waste or other materials;
18        (7) the excavation, dredging or removal of loam, peat,
19    gravel, soil, rock or other material substance in such
20    manner as to affect the surface or to otherwise alter the
21    topography of the area;
22        (8) the removal or destruction of trees, shrubs or
23    other vegetation;
24        (9) surface use inconsistent with preservation of
25    water or land areas, or the improvement or appurtenance
26    thereto;

 

 

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1        (10) activities affecting drainage, flood control,
2    water conservation, erosion control or soil conservation,
3    or fish and wildlife habitat preservation; or
4        (11) any other acts or uses having relation to the
5    preservation of structures, sites and water or land areas
6    or the improvements or appurtenances thereto.
7    (b) A conservation right shall be taken to include a
8preservation restriction as that term is defined in Section
911-48.2-1A of the "Illinois Municipal Code", as now or
10hereafter amended, and shall not be unenforceable on account of
11lack of privity of estate or contract or lack of benefit to
12particular land or on account of the benefit being assigned or
13assignable. Conservation rights shall be construed and
14enforced in accordance with their terms, and shall be
15transferable and transferred, recorded and indexed, in the same
16manner as fee simple interests in real property, subject only
17to the limitations provided herein.
18    Conservation rights may be released by the holder of such
19rights to the holder of the fee even though the holder of the
20fee may not be an agency of the State, a unit of local
21government or a not-for-profit corporation or trust.
22    The holder of a grant pursuant to this Act shall not be
23required to record any instrument subsequent to the recording
24of the grant in order to maintain or continue the validity of
25the grant.
26    The holder of such rights shall also be permitted to

 

 

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1transfer or assign such rights but only to another agency of
2the State, a unit of local government or to a not-for-profit
3corporation or trust.
4    (c) A conservation right may be amended or modified from
5time to time only by a written instrument executed by the
6grantor and grantee and recorded with the office of the
7recorder of deeds of the county in which the land is located.
8Either party may, in the absolute discretion of the party,
9withhold consent to any amendment or modification requested by
10the other party. An amendment or modification shall not
11materially and adversely affect the conservation purposes of
12the conservation right or facilitate the extinguishment of the
13conservation right. The consent of any party other than the
14grantor and grantee is not required for amendment or
15modification, even if the other party is entitled to enforce an
16easement under this Act or any other law. The conservation
17right may contain other requirements for amendment or
18modification, and such other requirements shall control.
19(Source: P.A. 91-497, eff. 1-1-00.)
 
20    (765 ILCS 120/2)  (from Ch. 30, par. 402)
21    Sec. 2. Any owner of real property in this State may convey
22a conservation right in such real property to the United States
23or any agency of the federal government an agency of the State,
24to a unit of local government, or to a not-for-profit
25corporation or trust whose primary purposes include the

 

 

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1conservation of land, natural areas, open space or water areas,
2or the preservation of native plants or animals, or biotic
3communities, or geographic formations of scientific,
4aesthetic, or educational interest, or the preservation of
5buildings, structures or sites of historical, architectural,
6archeological or cultural significance.
7    No conveyance of such conservation rights shall take effect
8until such conveyance is accepted by the grantee. Acceptance of
9such conservation rights may be conditioned upon any
10requirements which are deemed proper by the grantee. Such
11requirements may include the payment of funds by the grantor to
12provide for the management of such conservation rights.
13    A unit of local government, including, but not limited to,
14a county, township, forest preserve district, conservation
15district, park district, or municipality, has the authority to
16grant a conservation right on property that it owns to another
17unit of government or to any not-for-profit corporation or
18trust described in this Section.
19(Source: P.A. 91-497, eff. 1-1-00.)
 
20    (765 ILCS 120/4)  (from Ch. 30, par. 404)
21    Sec. 4. A conservation right created pursuant to this Act
22may be enforced in an action seeking injunctive relief,
23specific performance, or damages in the circuit court of the
24county in which the area, place, building, structure or site is
25located by any of the following:

 

 

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1    (a) the United States or any agency of the federal
2government, the State of Illinois, or any unit of local
3government;
4    (b) any not-for-profit corporation or trust which owns the
5conservation right;
6    (c) the owner of any real property abutting or within 500
7feet of the real property subject to the conservation right.
8Any owner of property subject to a conservation right who
9wilfully violates any term of such conservation right may, in
10the court's discretion, be held liable for punitive damages in
11an amount equal to the value of the real property subject
12thereto.
13    An action to enforce a conservation right may also be
14brought by any party entitled to enforce the conservation right
15against a nonowner who is violating the terms of the
16conservation right.
17    A notice of violation may be recorded by the holder of the
18conservation right against any property that the holder of the
19conservation right reasonably determines is in violation of the
20conservation right.
21(Source: P.A. 91-497, eff. 1-1-00.)
 
22    (765 ILCS 120/6)  (from Ch. 30, par. 406)
23    Sec. 6. This Act shall not be construed to imply that any
24restriction, easement, covenant or condition which does not
25have the benefit of the Act shall, on account of any provision

 

 

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1herein, be unenforceable. Nothing in this Act shall diminish
2the powers granted in any other law to acquire by purchase,
3gift, grant, eminent domain or otherwise and to use land for
4public purposes. A conservation right shall not be extinguished
5by adverse possession, a claim of abandonment, or merger, and
6may be extinguished only by such procedure as may be set forth
7in the conservation right or by a release of the conservation
8right in accordance with the terms of the conservation right.
9No prescriptive easement shall be established that adversely
10impacts the conservation values protected by the conservation
11right.
12(Source: P.A. 80-584.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.