Full Text of HB1053 98th General Assembly
HB1053ham001 98TH GENERAL ASSEMBLY | Rep. Ed Sullivan, Jr. Filed: 3/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1053
| 2 | | AMENDMENT NO. ______. Amend House Bill 1053 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Section 10-155 as follows:
| 6 | | (35 ILCS 200/10-155)
| 7 | | Sec. 10-155. Open space land; valuation. In all counties, | 8 | | in
addition to valuation as otherwise permitted by law, land | 9 | | which is used for
open space purposes and has been so used for | 10 | | the 3 years immediately preceding
the year in which the | 11 | | assessment is made, upon application under Section
10-160, | 12 | | shall be valued on the basis of its fair cash value, estimated | 13 | | at the
price it would bring at a fair, voluntary sale for use | 14 | | by the buyer for open
space purposes.
| 15 | | Land is considered used for open space purposes if it is | 16 | | more than 10 acres
in area and:
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| 1 | | (a) is actually and exclusively used for maintaining or | 2 | | enhancing natural
or scenic resources,
| 3 | | (b) protects air or streams or water supplies,
| 4 | | (c) promotes conservation of soil, wetlands, beaches, | 5 | | or marshes,
including ground cover or planted perennial | 6 | | grasses, trees and shrubs and other
natural perennial | 7 | | growth, and including any body of water, whether man-made | 8 | | or
natural,
| 9 | | (d) conserves landscaped areas, such as public or | 10 | | private golf courses,
| 11 | | (e) enhances the value to the public of abutting or | 12 | | neighboring parks,
forests, wildlife preserves, nature | 13 | | reservations, sanctuaries, or other open
spaces, or
| 14 | | (f) preserves historic sites.
| 15 | | Land is not considered used for open space purposes if it | 16 | | is used primarily
for residential purposes , or if it is | 17 | | improved with hotels or lodging facilities, club houses, | 18 | | banquet facilities, tennis or other courts, swimming pools, | 19 | | commercial or industrial facilities, retail shops, or land and | 20 | | parking areas serving any of those improvements. Such land | 21 | | shall be valued at fair cash value in accordance with Section | 22 | | 9-145, or in accordance with a classification ordinance adopted | 23 | | pursuant to Section 9-150 of the Property Tax Code, and shall | 24 | | not be valued as open space land. The existence of hotels or | 25 | | lodging facilities, club houses, banquet facilities, tennis or | 26 | | other courts, swimming pools, commercial or industrial |
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| 1 | | facilities, retail shops, improvements, or land and parking | 2 | | areas on parcels otherwise considered to be in an open space | 3 | | use shall not preclude the granting of the open space | 4 | | preferential assessment to the portions of the parcel not | 5 | | encumbered by these improvements . | 6 | | If the land is improved with a water-retention dam that is | 7 | | operated primarily for commercial purposes, the | 8 | | water-retention dam is not considered to be used for open space | 9 | | purposes despite the fact that any resulting man-made lake may | 10 | | be considered to be used for open space purposes under this | 11 | | Section.
| 12 | | The General Assembly finds and declares that this | 13 | | amendatory Act of the 98th General Assembly is a clarification | 14 | | of existing law and is an indication of its previous intent in | 15 | | enacting and amending this Section. | 16 | | (Source: P.A. 95-70, eff. 1-1-08.)".
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