Illinois General Assembly - Full Text of HB3642
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Full Text of HB3642  103rd General Assembly




HB3642 EngrossedLRB103 30637 AWJ 57091 b

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 Township Code is amended by changing
5Sections 115-5, 115-55, 115-90, and 115-95 and by adding
6Section 115-97 as follows:
7    (60 ILCS 1/115-5)
8    Sec. 115-5. Definitions. As used in this Article, unless
9the context otherwise requires:
10    "Board" means the township board in counties having a
11population of more than 150,000.
12    "Development of real property" means the constructing,
13installing, planting or creating of any permanent or temporary
14improvement of real property that has been acquired for open
15space purposes.
16    "Open land" or "open space" means any space or area of land
17or water of an area of 25 50 acres or more, the preservation or
18the restriction of development or use of which would (i)
19maintain or enhance the conservation of natural or scenic
20resources; (ii) protect natural streams or water supply; (iii)
21promote conservation of soils, wet lands, or shores; (iv)
22afford or enhance public outdoor recreation opportunities; (v)
23preserve flora and fauna, geological features, historic sites,



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1or other areas of educational or scientific interest; (vi)
2enhance the value to the public of abutting or neighboring
3highways, parks, or other public lands; (vii) implement the
4plan of development adopted by the planning commission of any
5municipality or county; or (viii) promote orderly urban or
6suburban development. A township at any time may release a
7specified parcel of land from an open space plan and allow the
8development of the parcel to occur. Once development (as
9defined in Section 115-55) has commenced, the land shall no
10longer be eligible for acquisition as open space or open land.
11    "Open space plan" means the written plan adopted by the
12board to implement an open space program and includes properly
13adopted amendments or additions to the plan.
14    "Open space program" means the acquisition of the fee or
15of a lesser right or interest in tracts of open land in the
16township for open space purposes.
17    "Open space purposes" includes (i) the preservation and
18maintenance of open land, scenic roadways, and pathways; (ii)
19the holding of real property described in clause (i), with or
20without public access, for the education, pleasure, and
21recreation of the public or for other open space values; (iii)
22the preservation of portions of that property in their natural
23condition and the development of other portions of that
24property, including development for agricultural purposes;
25(iv) the management and use of that property in a manner and
26with restrictions that will leave it unimpaired for the



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1benefit of future generations; and (v) otherwise promoting the
2conservation of the nature, flora and fauna, natural
3environment, and natural resources of the township.
4(Source: P.A. 91-641, eff. 8-20-99.)
5    (60 ILCS 1/115-55)
6    Sec. 115-55. Acquisition of open land.
7    (a) The board may acquire by gift, legacy, purchase,
8condemnation in the manner provided for the exercise of the
9right of eminent domain under the Eminent Domain Act and
10except as otherwise provided in this subsection, lease,
11agreement, or otherwise the fee or any lesser right or
12interest in real property that is open land and may hold that
13property with or without public access for open space, scenic
14roadway, pathway, outdoor recreation, or other conservation
15benefits. No township in a county having a population of more
16than 150,000 but not more than 250,000 has authority under
17this Article to acquire property by condemnation, and no other
18township has authority under this Article to acquire by
19condemnation (i) property that is used for farming or
20agricultural purposes; (ii) property that is situated within
21the corporate limits of a municipality or contiguous to one or
22more municipalities unless approval to acquire the property by
23condemnation is obtained under Section 115-30 or 115-35; (iii)
24property upon which development has commenced; or (iv)
25property owned by a religious organization, church, school, or



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1charitable organization exempt from federal taxation under
2Section 501(c)(3) of the Internal Revenue Code of 1986 or
3similar provisions of any successor law, or any other
4organization controlled by or affiliated with such a religious
5organization, church, school, or charitable organization.
6    (a-5) Open land acquired in fee for an open space plan by a
7township must be held by the township, unless leased or
8disposed of as provided in Sections 115-90, 115-95, and
9115-97, and used by the township or lessee for open space
11    (b) For purposes of this Section:
12        (1)  "Development" of property is deemed to have
13    commenced if (i) at least 30 days before the filing of a
14    petition under Section 115-10, an application for a
15    preliminary plan or preliminary planned unit development
16    has been filed with the applicable governmental entity or,
17    if neither is required, a building permit has been
18    obtained at least 30 days before the filing of a petition
19    under Section 115-10; (ii) mass grading of the property
20    has commenced; and (iii) within 180 days of the date the
21    open space plan is recommended for approval by the board
22    under Section 115-5 or by petition of the voters under
23    Section 115-20, 115-30, or 115-35, the installation of
24    public improvements has commenced.
25        (2) "Contiguous" means contiguous for purposes of
26    annexation under Article 7 of the Illinois Municipal Code.



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1        (3) Real property is deemed used for farming or
2    agricultural purposes if it is more than 10 acres in area
3    and devoted primarily to (i) the raising and harvesting of
4    crops, (ii) the feeding, breeding, and management of
5    livestock, (iii) dairying, or (iv) any other agricultural
6    or horticultural use or combination of those uses, with
7    the intention of securing substantial income from those
8    activities, and has been so used for the 3 years
9    immediately preceding the filing of a condemnation action.
10    Real property used for farming or agricultural purposes
11    includes land devoted to and qualifying for payments or
12    other compensation under a soil conservation program under
13    an agreement with an agency of the federal government and
14    also includes the construction and use of dwellings and
15    other buildings customarily associated with farming and
16    agricultural uses when associated with those uses.
17    (c) If a township's acquisitions of open land, or
18interests in open land when combined with other lands in the
19township held for open space purposes by other governmental
20entities, equals 30% of the total acreage of the township,
21then the township may not acquire additional open land by
23    (d) Any parcel of land that is included in an open space
24plan adopted by a township that has not been acquired by the
25township under this Section within 3 years, or within 2 years
26with respect to existing open space programs, after the later



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1of (i) July 29, 1988, or (ii) the date of the passage of the
2referendum may not thereafter be acquired by condemnation by
3the township under this Section, except that if an action in
4condemnation to acquire the parcel is filed under this Section
5within that 3 year or 2 year period, as applicable, the parcel
6may be acquired by condemnation by the township
7notwithstanding the fact that the condemnation action may not
8be concluded within the 3 year or 2 year period, as applicable.
9Notwithstanding the foregoing, if a parcel of land cannot be
10acquired by condemnation under subsection (a) because of its
11use for farming or agricultural purposes, the 3 year or 2 year
12period, as applicable, shall be tolled until the date the
13parcel ceases to be used for farming or agricultural purposes.
14Notwithstanding the foregoing, the fee or any lesser right or
15interest in real property that is open land may be acquired
16after the 3 year or 2 year period, as applicable, by any means
17authorized under subsection (a) other than condemnation.
18(Source: P.A. 94-1055, eff. 1-1-07.)
19    (60 ILCS 1/115-90)
20    Sec. 115-90. Lease of lands. The board may lease open
21space that is a part of the township's open space plan land for
22a period not longer than 50 years from the date of the lease to
23an individual, a nonprofit organization, the federal
24government, a state government, or a local government a
25responsible person, firm, or corporation for construction,



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1reconstruction, alteration, renewal, equipment, furnishing,
2extension, development, operation and maintenance of lodges,
3housekeeping and sleeping cabins, swimming pools, golf
4courses, campgrounds, sand beaches, marinas, agricultural
5purposes, convention and entertainment centers, roads and
6parking areas, and other related buildings and facilities. In
7any lease of land leased under this Section, upon expiration
8of the lease title to all structures on the leased land shall
9be vested in the township. The changes made to this Section by
10this amendatory Act of the 103rd General Assembly do not
11affect any lease entered into on or before the effective date
12of this amendatory Act of the 103rd General Assembly.
13(Source: P.A. 88-670, eff. 12-2-94.)
14    (60 ILCS 1/115-95)
15    Sec. 115-95. Lease of buildings or facilities. The board
16may lease to an individual, a nonprofit organization, the
17federal government, a state government, or a local government
18any building or facility constructed, reconstructed, altered,
19renewed, equipped, furnished, extended, developed, and
20maintained by the township on open space that is a part of the
21township's open space plan to a responsible person, firm, or
22corporation for operation or development, or both, and
23maintenance for a period not longer than 20 years from the date
24of the lease. The changes made to this Section by this
25amendatory Act of the 103rd General Assembly do not affect any



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1lease entered into on or before the effective date of this
2amendatory Act of the 103rd General Assembly.
3(Source: P.A. 88-670, eff. 12-2-94.)
4    (60 ILCS 1/115-97 new)
5    Sec. 115-97. Disposition of open space.
6    (a) A township board may not sell, convey, donate, or
7otherwise dispose of any part of open space without referendum
8approval by the majority of the voters of the township voting
9on the question at a regular election. The board may certify
10the question of disposition of property to the appropriate
11election authority only if the board approves the question by
12at least a two-thirds majority of the board members. The
13referendum shall be conducted consistent with the referendum
14procedures under Section 115-20.
15    (b) Notwithstanding any other provision of law, if a
16township dissolves or is consolidated or merged or the
17boundaries of the township are altered, any open space
18affected by that action shall continue to be used as required
19in the open space plan unless the open space is disposed of
20using the same procedures required under subsection (a) by the
21board of the unit of local government in control of that open