Full Text of HB5329 95th General Assembly
HB5329 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5329
Introduced , by Rep. Franco Coladipietro SYNOPSIS AS INTRODUCED: |
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70 ILCS 805/6 |
from Ch. 96 1/2, par. 6309 |
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Amends the Downstate Forest Preserve District Act. Makes technical changes in
a Section concerning the acquisition of property by a forest preserve district.
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A BILL FOR
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HB5329 |
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LRB095 17965 HLH 44047 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Downstate Forest Preserve District Act is | 5 |
| amended by changing Section 6 as follows:
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| (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
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| Sec. 6. Acquisition of property. Any such District shall | 8 |
| have power to
acquire lands and
and grounds
for the aforesaid | 9 |
| purposes by lease, or in fee simple by gift, grant, legacy,
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| purchase or condemnation, or to acquire easements in land, and | 11 |
| 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 in | 14 |
| and through such forest preserves as they
shall deem necessary | 15 |
| or desirable for the use of such forest preserves by
the public | 16 |
| and may acquire, develop, improve and maintain waterways in
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| conjunction with the district. No district with a population | 18 |
| less than
600,000 shall have the power to purchase, condemn, | 19 |
| lease or acquire an
easement in property within a municipality | 20 |
| without the concurrence of the
governing body of the | 21 |
| municipality, except where such district is acquiring
land for | 22 |
| a linear park or trail not to exceed 100 yards in width or is
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| acquiring land contiguous to an existing park or forest |
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HB5329 |
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LRB095 17965 HLH 44047 b |
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| preserve, and no
municipality shall annex any land for the | 2 |
| purpose of defeating a District
acquisition once the District | 3 |
| has given notice of intent to acquire a
specified parcel of | 4 |
| land. No district with a population of less than
500,000 shall | 5 |
| (i) have the power
to condemn property for a linear park or | 6 |
| trail within a municipality
without the concurrence of the
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| governing body of the municipality or (ii) have the power to
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| condemn property for a linear park or
trail in an | 9 |
| unincorporated area without the concurrence of the governing
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| body of the township within which the property is located or | 11 |
| (iii) once
having commenced a proceeding to acquire land by | 12 |
| condemnation, dismiss or
abandon that proceeding without the | 13 |
| consent of the property owners.
No district shall establish a | 14 |
| trail surface within 50 feet of an occupied
dwelling which was | 15 |
| in existence prior to the approval of the acquisition by
the | 16 |
| district without obtaining permission of the owners of the | 17 |
| premises or
the concurrence of the governing body of the | 18 |
| municipality or township within
which the property is located. | 19 |
| All acquisitions of land by a district with a
population less | 20 |
| than 600,000
within 1 1/2 miles of a municipality shall be | 21 |
| preceded by a conference with
the mayor or president of the | 22 |
| municipality or his designated agent. If a
forest preserve | 23 |
| district is in negotiations for acquisition of land with
owners | 24 |
| of land adjacent to a municipality, the annexation of that land
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| shall be deferred for 6 months. The district shall have no | 26 |
| power to acquire
an interest in real estate situated outside |
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HB5329 |
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LRB095 17965 HLH 44047 b |
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| the district by the exercise of
the right of eminent domain, by | 2 |
| purchase or by lease, but shall have the
power to acquire any | 3 |
| such property, or an easement in any such property,
which is | 4 |
| contiguous to the district by gift, legacy, grant, or lease
by | 5 |
| the State of Illinois, subject to
approval of the county board | 6 |
| of the county, and of any forest preserve
district or | 7 |
| conservation district, within which the property is located.
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| The district shall have the same control of and power over | 9 |
| land, an
interest in which it has so acquired, as over forest | 10 |
| preserves within the
district. If any of the powers to acquire | 11 |
| lands and hold
or improve the same given to Forest Preserve | 12 |
| Districts, by Sections 5
and 6 of this Act should be held | 13 |
| invalid, such invalidity shall not
invalidate the remainder of | 14 |
| this Act or any of the other powers herein
given and conferred | 15 |
| upon the Forest Preserve Districts. Such Forest
Preserve | 16 |
| Districts shall also have power to lease not to exceed 40 acres
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| of the lands and grounds acquired by it, for a term of not more | 18 |
| than 99
years to veterans' organizations as grounds for | 19 |
| convalescing sick and
disabled veterans, and as a place upon | 20 |
| which to construct rehabilitation
quarters, or to a county as | 21 |
| grounds for a county nursing home or
convalescent home. Any | 22 |
| such Forest Preserve District shall also have
power to grant | 23 |
| licenses, easements and rights-of-way for the
construction, | 24 |
| operation and maintenance upon, under or across any
property of | 25 |
| such District of facilities for water, sewage, telephone,
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| telegraph, electric, gas or other public service, subject to |
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HB5329 |
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LRB095 17965 HLH 44047 b |
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| such terms
and conditions as may be determined by such | 2 |
| District. | 3 |
| Any such District may purchase, but not condemn, a parcel | 4 |
| of land and sell a
portion thereof for not less than fair | 5 |
| market value pursuant to resolution
of the Board. Such | 6 |
| resolution shall
be passed by the affirmative vote of at least | 7 |
| 2/3 of all members of the
board within 30 days after | 8 |
| acquisition by the district of such parcel.
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| Whenever the board of any forest preserve district | 10 |
| determines that
the public interest will be subserved by | 11 |
| vacating any street, roadway,
or driveway, or part thereof, | 12 |
| located within a forest preserve, it may
vacate that street, | 13 |
| roadway, or driveway, or part thereof, by an
ordinance passed | 14 |
| by the affirmative vote of at least 3/4 of
all the members of | 15 |
| the board, except that the affirmative vote of at least
6/7 of | 16 |
| all the members of the board is required if the board members | 17 |
| are
elected under Section 3c of this Act. This vote shall be | 18 |
| taken by ayes and
nays and entered in the records of the board.
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| The determination of the board that the nature and extent | 20 |
| of the
public use or public interest to be subserved is such as | 21 |
| to warrant the
vacation of any street, roadway, or driveway, or | 22 |
| part thereof, is
conclusive, and the passage of such an | 23 |
| ordinance is sufficient evidence
of that determination, | 24 |
| whether so recited in the ordinance or not. The
relief to the | 25 |
| public from further burden and responsibility of
maintaining | 26 |
| any street, roadway or driveway, or part thereof,
constitutes a |
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| public use or public interest authorizing the vacation.
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| Nothing contained in this Section shall be construed to | 3 |
| authorize the
board of any forest preserve district to vacate | 4 |
| any street, roadway, or
driveway, or part thereof, that is part | 5 |
| of any State or county highway.
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| When property is damaged by the vacation or closing of any | 7 |
| street,
roadway, or driveway, or part thereof, damage shall be | 8 |
| ascertained and
paid as provided by law.
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| Except in cases where the deed, or other instrument | 10 |
| dedicating a
street, roadway, or driveway, or part thereof, has | 11 |
| expressly provided
for a specific devolution of the title | 12 |
| thereto upon the abandonment or
vacation thereof, and except | 13 |
| where such street, roadway or driveway, or
part thereof, is | 14 |
| held by the district by lease, or where the district holds
an | 15 |
| easement in the land included within the street, roadway or | 16 |
| driveway,
whenever any street, roadway, or driveway, or part
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| thereof is vacated under or by virtue of any ordinance of any | 18 |
| forest
preserve district, the title to the land in fee simple | 19 |
| included within
the street, roadway, or driveway, or part | 20 |
| thereof, so vacated vests in
the forest preserve district.
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| The board of any forest preserve district is authorized to | 22 |
| sell at
fair market price, gravel, sand, earth and any other | 23 |
| material obtained
from the lands and waters owned by the | 24 |
| district.
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| For the purposes of this Section, "acquiring land" includes | 26 |
| acquiring a
fee simple, lease or easement in land.
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HB5329 |
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LRB095 17965 HLH 44047 b |
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| (Source: P.A. 93-247, eff. 7-22-03.)
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