Full Text of SB0410 97th General Assembly
SB0410ham003 97TH GENERAL ASSEMBLY | Rep. Ed Sullivan, Jr. Filed: 12/21/2012
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| 1 | | AMENDMENT TO SENATE BILL 410
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 410, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Property Tax Code is amended by changing | 6 | | Section 10-155 as follows:
| 7 | | (35 ILCS 200/10-155)
| 8 | | Sec. 10-155. Open space land; valuation. In all counties, | 9 | | in
addition to valuation as otherwise permitted by law, land | 10 | | which is used for
open space purposes and has been so used for | 11 | | the 3 years immediately preceding
the year in which the | 12 | | assessment is made, upon application under Section
10-160, | 13 | | shall be valued on the basis of its fair cash value, estimated | 14 | | at the
price it would bring at a fair, voluntary sale for use | 15 | | by the buyer for open
space purposes.
| 16 | | Land is considered used for open space purposes if it is |
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| 1 | | more than 10 acres
in area and:
| 2 | | (a) is actually and exclusively used for maintaining or | 3 | | enhancing natural
or scenic resources,
| 4 | | (b) protects air or streams or water supplies,
| 5 | | (c) promotes conservation of soil, wetlands, beaches, | 6 | | or marshes,
including ground cover or planted perennial | 7 | | grasses, trees and shrubs and other
natural perennial | 8 | | growth, and including any body of water, whether man-made | 9 | | or
natural,
| 10 | | (d) conserves landscaped areas, such as public or | 11 | | private golf courses,
| 12 | | (e) enhances the value to the public of abutting or | 13 | | neighboring parks,
forests, wildlife preserves, nature | 14 | | reservations, sanctuaries, or other open
spaces, or
| 15 | | (f) preserves historic sites.
| 16 | | Land is not considered used for open space purposes if it | 17 | | is used primarily
for residential purposes , or if it is | 18 | | improved with hotels or lodging facilities, club houses, | 19 | | banquet facilities, tennis or other courts, swimming pools, | 20 | | commercial or industrial facilities, retail shops, or land and | 21 | | parking areas serving any of those improvements. Such land | 22 | | shall be valued at fair cash value in accordance with Section | 23 | | 9-145, or in accordance with a classification ordinance adopted | 24 | | pursuant to Section 9-150 of the Property Tax Code, and shall | 25 | | not be valued as open space land. The General Assembly finds | 26 | | and declares that this amendatory Act of the 97th General |
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| 1 | | Assembly is a clarification of existing law and is an | 2 | | indication of its previous intent in enacting and amending this | 3 | | Section . | 4 | | If the land is improved with a water-retention dam that is | 5 | | operated primarily for commercial purposes, the | 6 | | water-retention dam is not considered to be used for open space | 7 | | purposes despite the fact that any resulting man-made lake may | 8 | | be considered to be used for open space purposes under this | 9 | | Section.
| 10 | | (Source: P.A. 95-70, eff. 1-1-08.)".
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