97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3892

 

Introduced 11/29/2011, by Rep. JoAnn D. Osmond

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 805/6  from Ch. 96 1/2, par. 6309
70 ILCS 805/8  from Ch. 96 1/2, par. 6315

    Amends the Downstate Forest Preserve District Act. Provides that the corporate authorities of a forest preserve district, by ordinance or resolution, may authorize the sale or public auction of a structure located on land owned by the district. Sets forth requirements that must be met concerning the sale of the land, publication of notice, and acceptance of an offer. Further provides that surplus personal property may also be sold if three-fifths of the members of the board of commissioners of a forest preserve district find the sale to be in the best interests of the district. Provides that that the district is not required to advertise the sale of surplus personal property. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Downstate Forest Preserve District Act is
5amended by changing Sections 6 and 8 as follows:
 
6    (70 ILCS 805/6)  (from Ch. 96 1/2, par. 6309)
7    Sec. 6. Acquisition of property. Any such District shall
8have power to acquire lands and grounds for the aforesaid
9purposes by lease, or in fee simple by gift, grant, legacy,
10purchase or condemnation, or to acquire easements in land, and
11to construct, lay out, improve and maintain wells, power
12plants, comfort stations, shelter houses, paths, driveways,
13public roads, roadways and other improvements and facilities in
14and through such forest preserves as they shall deem necessary
15or desirable for the use of such forest preserves by the public
16and may acquire, develop, improve and maintain waterways in
17conjunction with the district. No district with a population
18less than 600,000 shall have the power to purchase, condemn,
19lease or acquire an easement in property within a municipality
20without the concurrence of the governing body of the
21municipality, except where such district is acquiring land for
22a linear park or trail not to exceed 100 yards in width or is
23acquiring land contiguous to an existing park or forest

 

 

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1preserve, and no municipality shall annex any land for the
2purpose of defeating a District acquisition once the District
3has given notice of intent to acquire a specified parcel of
4land. No district with a population of less than 500,000 shall
5(i) have the power to condemn property for a linear park or
6trail within a municipality without the concurrence of the
7governing body of the municipality or (ii) have the power to
8condemn property for a linear park or trail in an
9unincorporated area without the concurrence of the governing
10body of the township within which the property is located or
11(iii) once having commenced a proceeding to acquire land by
12condemnation, dismiss or abandon that proceeding without the
13consent of the property owners. No district shall establish a
14trail surface within 50 feet of an occupied dwelling which was
15in existence prior to the approval of the acquisition by the
16district without obtaining permission of the owners of the
17premises or the concurrence of the governing body of the
18municipality or township within which the property is located.
19All acquisitions of land by a district with a population less
20than 600,000 within 1 1/2 miles of a municipality shall be
21preceded by a conference with the mayor or president of the
22municipality or his designated agent. If a forest preserve
23district is in negotiations for acquisition of land with owners
24of land adjacent to a municipality, the annexation of that land
25shall be deferred for 6 months. The district shall have no
26power to acquire an interest in real estate situated outside

 

 

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1the district by the exercise of the right of eminent domain, by
2purchase or by lease, but shall have the power to acquire any
3such property, or an easement in any such property, which is
4contiguous to the district by gift, legacy, grant, or lease by
5the State of Illinois, subject to approval of the county board
6of the county, and of any forest preserve district or
7conservation district, within which the property is located.
8The district shall have the same control of and power over
9land, an interest in which it has so acquired, as over forest
10preserves within the district. If any of the powers to acquire
11lands and hold or improve the same given to Forest Preserve
12Districts, by Sections 5 and 6 of this Act should be held
13invalid, such invalidity shall not invalidate the remainder of
14this Act or any of the other powers herein given and conferred
15upon the Forest Preserve Districts. Such Forest Preserve
16Districts shall also have power to lease not to exceed 40 acres
17of the lands and grounds acquired by it, for a term of not more
18than 99 years to veterans' organizations as grounds for
19convalescing sick and disabled veterans, and as a place upon
20which to construct rehabilitation quarters, or to a county as
21grounds for a county nursing home or convalescent home. Any
22such Forest Preserve District shall also have power to grant
23licenses, easements and rights-of-way for the construction,
24operation and maintenance upon, under or across any property of
25such District of facilities for water, sewage, telephone,
26telegraph, electric, gas or other public service, subject to

 

 

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1such terms and conditions as may be determined by such
2District.
3    Any such District may purchase, but not condemn, a parcel
4of land and sell a portion thereof for not less than fair
5market value pursuant to resolution of the Board. Such
6resolution shall be passed by the affirmative vote of at least
72/3 of all members of the board within 30 days after
8acquisition by the district of such parcel.
9    The corporate authorities of a forest preserve district, by
10ordinance or resolution, may authorize the sale or public
11auction of a structure located on land owned by the district if
12(i) the structure existed on the land prior to the district's
13acquisition of the land, (ii) two-thirds of the members of the
14board of commissioners then holding office find that the
15structure is not necessary or is not useful to or for the best
16interest of the forest preserve district, (iii) a condition of
17sale or auction requires the transferee of the structure to
18remove the structure from district land, and (iv) prior to the
19sale or auction, the fair market value of the structure is
20determined by a written MAI-certified appraisal or by a written
21certified appraisal of a State certified or licensed real
22estate appraiser and the appraisal is available for public
23inspection. The ordinance or resolution shall (i) direct the
24sale to be conducted by the staff of the district, a listing
25with local licensed real estate agencies (in which case the
26terms of the agent's compensation shall be included in the

 

 

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1ordinance or resolution), or by public auction, (ii) be
2published within 7 days after its passage in a newspaper
3published in the district, and (iii) contain pertinent
4information concerning the nature of the structure and any
5terms or conditions of sale or auction. No earlier than 14 days
6after the publication, the corporate authorities may accept any
7offer for the structure determined by them to be in the best
8interest of the district by a vote of two-thirds of the
9corporate authorities then holding office.
10    Whenever the board of any forest preserve district
11determines that the public interest will be subserved by
12vacating any street, roadway, or driveway, or part thereof,
13located within a forest preserve, it may vacate that street,
14roadway, or driveway, or part thereof, by an ordinance passed
15by the affirmative vote of at least 3/4 of all the members of
16the board, except that the affirmative vote of at least 6/7 of
17all the members of the board is required if the board members
18are elected under Section 3c of this Act. This vote shall be
19taken by ayes and nays and entered in the records of the board.
20    The determination of the board that the nature and extent
21of the public use or public interest to be subserved is such as
22to warrant the vacation of any street, roadway, or driveway, or
23part thereof, is conclusive, and the passage of such an
24ordinance is sufficient evidence of that determination,
25whether so recited in the ordinance or not. The relief to the
26public from further burden and responsibility of maintaining

 

 

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1any street, roadway or driveway, or part thereof, constitutes a
2public use or public interest authorizing the vacation.
3    Nothing contained in this Section shall be construed to
4authorize the board of any forest preserve district to vacate
5any street, roadway, or driveway, or part thereof, that is part
6of any State or county highway.
7    When property is damaged by the vacation or closing of any
8street, roadway, or driveway, or part thereof, damage shall be
9ascertained and paid as provided by law.
10    Except in cases where the deed, or other instrument
11dedicating a street, roadway, or driveway, or part thereof, has
12expressly provided for a specific devolution of the title
13thereto upon the abandonment or vacation thereof, and except
14where such street, roadway or driveway, or part thereof, is
15held by the district by lease, or where the district holds an
16easement in the land included within the street, roadway or
17driveway, whenever any street, roadway, or driveway, or part
18thereof is vacated under or by virtue of any ordinance of any
19forest preserve district, the title to the land in fee simple
20included within the street, roadway, or driveway, or part
21thereof, so vacated vests in the forest preserve district.
22    The board of any forest preserve district is authorized to
23sell at fair market price, gravel, sand, earth and any other
24material obtained from the lands and waters owned by the
25district.
26    For the purposes of this Section, "acquiring land" includes

 

 

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1acquiring a fee simple, lease or easement in land.
2(Source: P.A. 93-247, eff. 7-22-03.)
 
3    (70 ILCS 805/8)  (from Ch. 96 1/2, par. 6315)
4    Sec. 8. Powers and duties of corporate authority and
5officers; contracts; salaries.
6    (a) The board shall be the corporate authority of such
7forest preserve district and shall have power to pass and
8enforce all necessary ordinances, rules and regulations for the
9management of the property and conduct of the business of such
10district. The president of such board shall have power to
11appoint such employees as may be necessary. In counties with
12population of less than 3,000,000, within 60 days after their
13selection the commissioners appointed under the provisions of
14Section 3a of this Act shall organize by selecting from their
15members a president, secretary, treasurer and such other
16officers as are deemed necessary who shall hold office for the
17fiscal year in which elected and until their successors are
18selected and qualify. In the one district in existence on July
191, 1977, that is managed by an appointed board of
20commissioners, the incumbent president and the other officers
21appointed in the manner as originally prescribed in this Act
22shall hold such offices until the completion of their
23respective terms or in the case of the officers other than
24president until their successors are appointed by said
25president, but in all cases not to extend beyond January 1,

 

 

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11980 and until their successors are selected and qualify.
2Thereafter, the officers shall be selected in the manner as
3prescribed in this Section except that their first term of
4office shall not expire until June 30, 1981 and until their
5successors are selected and qualify.
6    (b) In any county, city, village, incorporated town or
7sanitary district where the corporate authorities act as the
8governing body of a forest preserve district, the person
9exercising the powers of the president of the board shall have
10power to appoint a secretary and an assistant secretary and
11treasurer and an assistant treasurer and such other officers
12and such employees as may be necessary. The assistant secretary
13and assistant treasurer shall perform the duties of the
14secretary and treasurer, respectively in case of death of such
15officers or when such officers are unable to perform the duties
16of their respective offices. All contracts for supplies,
17material or work involving an expenditure in excess of $20,000
18shall be let to the lowest responsible bidder, after
19advertising at least once in one or more newspapers of general
20circulation within the district, excepting work requiring
21personal confidence or necessary supplies under the control of
22monopolies, where competitive bidding is impossible. Contracts
23for supplies, material or work involving an expenditure of
24$20,000 or less may be let without advertising for bids, but
25whenever practicable, at least 3 competitive bids shall be
26obtained before letting such contract. All contracts for

 

 

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1supplies, material or work shall be signed by the president of
2the board of commissioners or by any such other officer as the
3board in its discretion may designate.
4    (c) The president of any board of commissioners appointed
5under the provisions of Section 3a of this Act shall receive a
6salary not to exceed the sum of $2500 per annum and the salary
7of other members of the board so appointed shall not exceed
8$1500 per annum. Salaries of the commissioners, officers and
9employees shall be fixed by ordinance.
10    (d) Whenever a forest preserve district owns any personal
11property that, in the opinion of three-fifths of the members of
12the board of commissioners is no longer necessary, useful to,
13or for the best interests of the forest preserve district, then
14three-fifths of the members of the board, at any regular
15meeting or any special meeting called for that purpose by an
16ordinance or resolution that includes a general description of
17the personal property, may authorize the conveyance or sale of
18that personal property in any manner that they may designate,
19with or without advertising the sale.
20(Source: P.A. 93-897, eff. 1-1-05.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.