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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5577 Introduced , by Rep. Litesa E. Wallace SYNOPSIS AS INTRODUCED: |
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740 ILCS 185/1 | from Ch. 96 1/2, par. 9401 |
740 ILCS 185/2 | from Ch. 96 1/2, par. 9402 |
740 ILCS 185/2.5 new | | 740 ILCS 185/2.6 new | |
740 ILCS 185/3 | from Ch. 96 1/2, par. 9403 |
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Amends the Wrongful Tree Cutting Act. Defines "land with a primary purpose of preservation or conservation". Provides that any party found to have intentionally cut or knowingly caused to be cut any timber or tree on land with a primary purpose of preservation or conservation that he or she did not have the legal right to cut or caused to be cut must pay the owner of the timber or tree 3 times stumpage value plus all remediation costs. Provides that nothing in the Act limits the rights provided under other law of an owner of land with a primary purpose of preservation or conservation. Provides that the court may not use the diminution of market value in determining damages. Provides that the court shall allow a plaintiff who prevails to recover the cost of expenses incurred. Makes other changes. Effective immediately.
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| | A BILL FOR |
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| | HB5577 | | LRB099 19255 HEP 43647 b |
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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Wrongful Tree Cutting Act is amended by |
5 | | changing Sections 1, 2, and 3 and by adding Sections 2.5 and |
6 | | 2.6 as follows:
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7 | | (740 ILCS 185/1) (from Ch. 96 1/2, par. 9401)
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8 | | Sec. 1.
As used in this Act, unless the context otherwise |
9 | | requires, the
term:
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10 | | (a) "Stumpage" means standing tree.
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11 | | (b) "Department" means the Department of Natural |
12 | | Resources.
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13 | | (c) "Director" means the Director of Natural Resources.
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14 | | (d) "Party" means any person, partnership, firm, |
15 | | association, business
trust or corporation.
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16 | | (e) "Land with a primary purpose of preservation or |
17 | | conservation" means land in public or private ownership which |
18 | | is primarily used: (i) in a manner and under limitations |
19 | | consistent with its continued preservation without impairment, |
20 | | disturbance, or artificial development, and (ii) for |
21 | | conservation purposes such as wildlife habitat, erosion |
22 | | control, energy conservation, natural community restoration, |
23 | | general reforestation, and research. |