Full Text of HB2601 101st General Assembly
HB2601enr 101ST GENERAL ASSEMBLY |
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| 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 |
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| 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;
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| 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 |
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| 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 |
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| 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:
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| 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 | | under this Section against a nonowner who is violating the | 16 | | terms of the conservation right. | 17 | | If the holder of a conservation right reasonably determines | 18 | | that there is a violation of the right, the holder of the | 19 | | conservation right may record a notice of violation against the | 20 | | property for which the conservation right applies. | 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 |
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| 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.
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