Illinois General Assembly - Full Text of HB2477
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Full Text of HB2477  93rd General Assembly

HB2477enr 93rd General Assembly


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 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
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 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
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 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
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 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.)
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 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.