093_HB2477enr HB2477 Enrolled LRB093 09496 BDD 09731 b 1 AN ACT concerning forest preserves. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Downstate Forest Preserve District Act is 5 amended by changing Section 6 as follows: 6 (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309) 7 Sec. 6. Acquisition of property. Any such District shall 8 have power to acquire lands and grounds for the aforesaid 9 purposes by lease, or in fee simple by gift, grant, legacy, 10 purchase or condemnation, or to acquire easements in land, 11 and to construct, lay out, improve and maintain wells, power 12 plants, comfort stations, shelter houses, paths, driveways, 13 public roads, roadways and other improvements and facilities 14 in and through such forest preserves as they shall deem 15 necessary or desirable for the use of such forest preserves 16 by the public and may acquire, develop, improve and maintain 17 waterways in conjunction with the district. No district with 18 a population less than 600,000 shall have the power to 19 purchase, condemn, lease or acquire an easement in property 20 within a municipality without the concurrence of the 21 governing body of the municipality, except where such 22 district is acquiring land for a linear park or trail not to 23 exceed 100 yards in width or is acquiring land contiguous to 24 an existing park or forest preserve, and no municipality 25 shall annex any land for the purpose of defeating a District 26 acquisition once the District has given notice of intent to 27 acquire a specified parcel of land. No district with a 28 population of less than 500,000 shall (i) have the power to 29 condemn property for a linear park or trail within a 30 municipality without the concurrence of the governing body of 31 the municipality or (ii) have the power to condemn property HB2477 Enrolled -2- LRB093 09496 BDD 09731 b 1 for a linear park or trail in an unincorporated area without 2 the concurrence of the governing body of the township within 3 which the property is located or (iii) once having commenced 4 a proceeding to acquire land by condemnation, dismiss or 5 abandon that proceeding without the consent of the property 6 owners. No district shall establish a trail surface within 50 7 feet of an occupied dwelling which was in existence prior to 8 the approval of the acquisition by the district without 9 obtaining permission of the owners of the premises or the 10 concurrence of the governing body of the municipality or 11 township within which the property is located. All 12 acquisitions of land by a district with a population less 13 than 600,000 within 1 1/2 miles of a municipality shall be 14 preceded by a conference with the mayor or president of the 15 municipality or his designated agent. If a forest preserve 16 district is in negotiations for acquisition of land with 17 owners of land adjacent to a municipality, the annexation of 18 that land shall be deferred for 6 months. The district shall 19 have no power to acquire an interest in real estate situated 20 outside the district by the exercise of the right of eminent 21 domain, by purchase or by lease, but shall have the power to 22 acquire any such property, or an easement in any such 23 property, which is contiguous to the district by gift, 24 legacy, grant, or lease by the State of Illinois, subject to 25 approval of the county board of the county, and of any forest 26 preserve district or conservation district, within which the 27 property is located. The district shall have the same 28 control of and power over land, an interest in which it has 29 so acquired, as over forest preserves within the district. If 30 any of the powers to acquire lands and hold or improve the 31 same given to Forest Preserve Districts, by Sections 5 and 6 32 of this Act should be held invalid, such invalidity shall not 33 invalidate the remainder of this Act or any of the other 34 powers herein given and conferred upon the Forest Preserve HB2477 Enrolled -3- LRB093 09496 BDD 09731 b 1 Districts. Such Forest Preserve Districts shall also have 2 power to lease not to exceed 40 acres of the lands and 3 grounds acquired by it, for a term of not more than 99 years 4 to veterans' organizations as grounds for convalescing sick 5 and disabled veterans, and as a place upon which to construct 6 rehabilitation quarters, or to a county as grounds for a 7 county nursing home or convalescent home. Any such Forest 8 Preserve District shall also have power to grant licenses, 9 easements and rights-of-way for the construction, operation 10 and maintenance upon, under or across any property of such 11 District of facilities for water, sewage, telephone, 12 telegraph, electric, gas or other public service, subject to 13 such terms and conditions as may be determined by such 14 District. 15 Any such District may purchase, but not condemn, a parcel 16 of land and sell a portion thereof for not less than fair 17 market value pursuant to resolution of the Board. Such 18 resolution shall be passed by the affirmative vote of at 19 least 2/3 of all members of the board within 30 days after 20 acquisition by the district of such parcel. 21 Whenever the board of any forest preserve district 22 determines that the public interest will be subserved by 23 vacating any street, roadway, or driveway, or part thereof, 24 located within a forest preserve, it may vacate that street, 25 roadway, or driveway, or part thereof, by an ordinance passed 26 by the affirmative vote of at least 3/4 of all the members of 27 the board, except that the affirmative vote of at least 6/7 28 of all the members of the board is required if the board 29 members are elected under Section 3c of this Act. This vote 30 shall be taken by ayes and nays and entered in the records of 31 the board. 32 The determination of the board that the nature and extent 33 of the public use or public interest to be subserved is such 34 as to warrant the vacation of any street, roadway, or HB2477 Enrolled -4- LRB093 09496 BDD 09731 b 1 driveway, or part thereof, is conclusive, and the passage of 2 such an ordinance is sufficient evidence of that 3 determination, whether so recited in the ordinance or not. 4 The relief to the public from further burden and 5 responsibility of maintaining any street, roadway or 6 driveway, or part thereof, constitutes a public use or public 7 interest authorizing the vacation. 8 Nothing contained in this Section shall be construed to 9 authorize the board of any forest preserve district to vacate 10 any street, roadway, or driveway, or part thereof, that is 11 part of any State or county highway. 12 When property is damaged by the vacation or closing of 13 any street, roadway, or driveway, or part thereof, damage 14 shall be ascertained and paid as provided by law. 15 Except in cases where the deed, or other instrument 16 dedicating a street, roadway, or driveway, or part thereof, 17 has expressly provided for a specific devolution of the title 18 thereto upon the abandonment or vacation thereof, and except 19 where such street, roadway or driveway, or part thereof, is 20 held by the district by lease, or where the district holds an 21 easement in the land included within the street, roadway or 22 driveway, whenever any street, roadway, or driveway, or part 23 thereof is vacated under or by virtue of any ordinance of any 24 forest preserve district, the title to the land in fee simple 25 included within the street, roadway, or driveway, or part 26 thereof, so vacated vests in the forest preserve district. 27 The board of any forest preserve district is authorized 28 to sell at fair market price, gravel, sand, earth and any 29 other material obtained from the lands and waters owned by 30 the district. 31 For the purposes of this Section, "acquiring land" 32 includes acquiring a fee simple, lease or easement in land. 33 (Source: P.A. 91-384, eff. 7-30-99.) HB2477 Enrolled -5- LRB093 09496 BDD 09731 b 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.