Full Text of HB2601 101st General Assembly
HB2601 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2601 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: |
| 765 ILCS 120/1 | from Ch. 30, par. 401 | 765 ILCS 120/2 | from Ch. 30, par. 402 | 765 ILCS 120/4 | from Ch. 30, par. 404 | 765 ILCS 120/6 | from Ch. 30, par. 406 |
|
Amends the Real Property Conservation Rights Act. Provides that a conservation right may be amended or modified from time to time only by a written instrument executed by the grantor and grantee and recorded with the office of the recorder of deeds of the county in which the land is located. Provides that either party may, in the absolute discretion of the party, withhold consent to any amendment or modification requested by the other party. Provides that an amendment or modification shall not materially and adversely affect the conservation purposes of the conservation right or facilitate the extinguishment of the conservation right. Provides that the consent of any party other than the grantor and grantee is not required for amendment or modification, even if the other party is entitled to enforce an easement. Provides that the conservation right may contain other requirements for amendment or modification, and such other requirements shall control. Provides that a unit of local government has the authority to grant a conservation right on property that it owns to another unit of government or to a not-for-profit corporation or trust that meets certain criteria. Provides that an action to enforce a conservation right may be brought by any party entitled to enforce the conservation right against a nonowner who is violating the terms of the conservation right. Provides that a notice of violation may be recorded by the holder of the conservation right against any property that the holder of the conservation right reasonably determines is in violation of the conservation right. Provides that a conservation right shall not be extinguished by adverse possession, a claim of abandonment, or merger, and may be extinguished only by such procedure as may be set forth in the conservation right or by a release of the conservation right in accordance with the terms of the conservation right. Provides that no prescriptive easement shall be established that adversely impacts the conservation values protected by the conservation right. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB2601 | | LRB101 09240 LNS 54334 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Real Property Conservation Rights Act is | 5 | | amended by changing Sections 1, 2, 4, and 6 as follows:
| 6 | | (765 ILCS 120/1) (from Ch. 30, par. 401)
| 7 | | Sec. 1.
(a) A conservation right is a right, whether stated | 8 | | in the form
of a restriction, easement, covenant or condition, | 9 | | or, without limitation,
in any other form in any deed, will, | 10 | | plat, or without limitation any other
instrument executed by or | 11 | | on behalf of the owner of land or in any condemnation
order of | 12 | | taking, appropriate to preserving: (i) the significant | 13 | | physical
character and visual characteristics of structures | 14 | | having architectural,
historical, or cultural significance, | 15 | | together with any associated real
property, whether or not | 16 | | improved; or (ii) land or water areas predominantly
in their | 17 | | natural, scenic,
open or wooded condition, or as suitable | 18 | | habitat
for fish, plants, or wildlife; or (iii) the integrity | 19 | | of archaeological
sites and the artifacts or information which | 20 | | they may contain pending properly
supervised excavation and | 21 | | investigation. Without limiting the generality
of the | 22 | | foregoing, the instrument conveying or reserving a | 23 | | conservation right
may, with respect to either the grantor or |
| | | HB2601 | - 2 - | LRB101 09240 LNS 54334 b |
|
| 1 | | grantee, require, prohibit,
condition,
limit or control any or | 2 | | all of the following:
| 3 | | (1) access or public visitation;
| 4 | | (2) affirmative acts of alteration, restoration, | 5 | | rehabilitation, repair,
maintenance, investigation, | 6 | | documentation, payment of taxes, or compliance
with public | 7 | | law and regulations;
| 8 | | (3) conditions of operation, use, restoration, | 9 | | alteration, repair or
maintenance;
| 10 | | (4) acts detrimental to the preservation of a place;
| 11 | | (5) the construction, placement, maintenance in a | 12 | | particular condition,
alteration, or removal of roads, | 13 | | signs, billboards or other advertising,
utilities or other | 14 | | structures on or above the ground;
| 15 | | (6) the dumping or placing of soil or other substance | 16 | | or material as
landfill,
or dumping or placing of trash, | 17 | | waste or other materials;
| 18 | | (7) the excavation, dredging or removal of loam, peat, | 19 | | gravel, soil, rock
or other material substance in such | 20 | | manner as to affect the surface or to
otherwise alter the | 21 | | topography of the area;
| 22 | | (8) the removal or destruction of trees, shrubs or | 23 | | other vegetation;
| 24 | | (9) surface use inconsistent with preservation of | 25 | | water or land areas,
or the improvement or appurtenance | 26 | | thereto;
|
| | | HB2601 | - 3 - | LRB101 09240 LNS 54334 b |
|
| 1 | | (10) activities affecting drainage, flood control, | 2 | | water conservation,
erosion control or soil conservation, | 3 | | or fish and wildlife habitat
preservation; or
| 4 | | (11) any other acts or uses having relation to the | 5 | | preservation of
structures,
sites and water or land areas | 6 | | or the improvements or appurtenances thereto.
| 7 | | (b) A conservation right shall be taken to include a | 8 | | preservation
restriction
as that term is defined in Section | 9 | | 11-48.2-1A of the "Illinois Municipal
Code", as now or | 10 | | hereafter amended, and shall not be unenforceable on account
of | 11 | | lack of privity of estate or contract or lack of benefit to | 12 | | particular
land or on account of the benefit being assigned or | 13 | | assignable. Conservation
rights shall be construed and | 14 | | enforced in accordance with their terms, and
shall be | 15 | | transferable and transferred, recorded and indexed, in the same
| 16 | | manner as fee simple interests in real property, subject only | 17 | | to the
limitations
provided herein.
| 18 | | Conservation rights may be released by the holder of such | 19 | | rights to the
holder of the fee even though the holder of the | 20 | | fee may not be an agency
of the State, a unit of local | 21 | | government or a not-for-profit corporation or
trust.
| 22 | | The holder of a grant pursuant to this Act shall not be | 23 | | required to record
any instrument subsequent to the recording | 24 | | of the grant in order to maintain or
continue the validity of | 25 | | the grant.
| 26 | | The holder of such rights shall also be permitted to |
| | | HB2601 | - 4 - | LRB101 09240 LNS 54334 b |
|
| 1 | | transfer or assign
such rights but only to another agency of | 2 | | the State, a unit of local government
or to a not-for-profit | 3 | | corporation or trust. | 4 | | (c) A conservation right may be amended or modified from | 5 | | time to time only by a written instrument executed by the | 6 | | grantor and grantee and recorded with the office of the | 7 | | recorder of deeds of the county in which the land is located. | 8 | | Either party may, in the absolute discretion of the party, | 9 | | withhold consent to any amendment or modification requested by | 10 | | the other party. An amendment or modification shall not | 11 | | materially and adversely affect the conservation purposes of | 12 | | the conservation right or facilitate the extinguishment of the | 13 | | conservation right. The consent of any party other than the | 14 | | grantor and grantee is not required for amendment or | 15 | | modification, even if the other party is entitled to enforce an | 16 | | easement under this Act or any other law. The conservation | 17 | | right may contain other requirements for amendment or | 18 | | modification, and such other requirements shall control.
| 19 | | (Source: P.A. 91-497, eff. 1-1-00.)
| 20 | | (765 ILCS 120/2) (from Ch. 30, par. 402)
| 21 | | Sec. 2.
Any owner of real property in this State may convey | 22 | | a conservation
right in such real property to
the United States | 23 | | or any agency of the federal government
an agency of the State, | 24 | | to a unit of local
government, or to a not-for-profit | 25 | | corporation or trust whose primary purposes
include the |
| | | HB2601 | - 5 - | LRB101 09240 LNS 54334 b |
|
| 1 | | conservation of land, natural areas,
open space or water areas,
| 2 | | or the preservation of native plants or animals, or biotic | 3 | | communities,
or geographic formations of scientific,
| 4 | | aesthetic, or educational interest, or the preservation of | 5 | | buildings,
structures
or sites of historical, architectural, | 6 | | archeological or cultural significance.
| 7 | | No conveyance of such conservation rights shall take effect | 8 | | until such
conveyance is accepted by the grantee.
Acceptance of | 9 | | such conservation rights may be conditioned upon any | 10 | | requirements
which are deemed proper by the grantee. Such | 11 | | requirements may include the
payment of funds by the grantor to | 12 | | provide for the management of such
conservation
rights. | 13 | | A unit of local government, including, but not limited to, | 14 | | a county, township, forest preserve district, conservation | 15 | | district, park district, or municipality, has the authority to | 16 | | grant a conservation right on property that it owns to another | 17 | | unit of government or to any not-for-profit corporation or | 18 | | trust described in this Section.
| 19 | | (Source: P.A. 91-497, eff. 1-1-00.)
| 20 | | (765 ILCS 120/4) (from Ch. 30, par. 404)
| 21 | | Sec. 4.
A conservation right created pursuant to this Act | 22 | | may be enforced
in an action seeking injunctive relief, | 23 | | specific performance, or damages
in the circuit court of the | 24 | | county in which the area, place, building, structure
or site is | 25 | | located by any of the following:
|
| | | HB2601 | - 6 - | LRB101 09240 LNS 54334 b |
|
| 1 | | (a) the United States or any agency of the federal | 2 | | government,
the State of Illinois, or any unit of local | 3 | | government;
| 4 | | (b) any not-for-profit corporation or trust which owns the | 5 | | conservation
right;
| 6 | | (c) the owner of any real property abutting or within 500 | 7 | | feet of the
real property subject to the conservation right. | 8 | | Any owner of property
subject to a conservation right who | 9 | | wilfully violates any term of such
conservation
right may, in | 10 | | the court's discretion, be held liable for punitive damages
in | 11 | | an amount equal to the value of the real property subject | 12 | | thereto. | 13 | | An action to enforce a conservation right may also be | 14 | | brought by any party entitled to enforce the conservation right | 15 | | against a nonowner who is violating the terms of the | 16 | | conservation right. | 17 | | A notice of violation may be recorded by the holder of the | 18 | | conservation right against any property that the holder of the | 19 | | conservation right reasonably determines is in violation of the | 20 | | conservation right.
| 21 | | (Source: P.A. 91-497, eff. 1-1-00.)
| 22 | | (765 ILCS 120/6) (from Ch. 30, par. 406)
| 23 | | Sec. 6.
This Act shall not be construed to imply that any | 24 | | restriction,
easement, covenant or condition which does not | 25 | | have the benefit of the Act
shall, on account of any provision |
| | | HB2601 | - 7 - | LRB101 09240 LNS 54334 b |
|
| 1 | | herein, be unenforceable. Nothing in
this Act shall diminish | 2 | | the powers granted in any other law to acquire by
purchase, | 3 | | gift, grant, eminent domain or otherwise and to use land for | 4 | | public purposes. A conservation right shall not be extinguished | 5 | | by adverse possession, a claim of abandonment, or merger, and | 6 | | may be extinguished only by such procedure as may be set forth | 7 | | in the conservation right or by a release of the conservation | 8 | | right in accordance with the terms of the conservation right. | 9 | | No prescriptive easement shall be established that adversely | 10 | | impacts the conservation values protected by the conservation | 11 | | right.
| 12 | | (Source: P.A. 80-584.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
|
|