Full Text of HB2840 096th General Assembly
HB2840 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2840
Introduced 2/24/2009, by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
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765 ILCS 120/1 |
from Ch. 30, par. 401 |
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Amends the Real Property Conservation Rights Act. Makes a technical change in a Section
defining a term under the Act.
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A BILL FOR
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HB2840 |
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LRB096 06065 AJO 16147 b |
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| AN ACT concerning civil law.
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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 Real Property Conservation Rights Act is | 5 |
| amended by changing Section 1 as follows:
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| (765 ILCS 120/1) (from Ch. 30, par. 401)
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| Sec. 1.
(a) A conservation right is a right, whether stated | 8 |
| in the
the form
of a restriction, easement, covenant or | 9 |
| condition, or, without limitation,
in any other form in any | 10 |
| deed, will, plat, or without limitation any other
instrument | 11 |
| executed by or on behalf of the owner of land or in any | 12 |
| condemnation
order of taking, appropriate to preserving: (i) | 13 |
| the significant physical
character and visual characteristics | 14 |
| of structures having architectural,
historical, or cultural | 15 |
| significance, together with any associated real
property, | 16 |
| whether or not improved; or (ii) land or water areas | 17 |
| predominantly
in their natural, scenic,
open or wooded | 18 |
| condition, or as suitable habitat
for fish, plants, or | 19 |
| wildlife; or (iii) the integrity of archaeological
sites and | 20 |
| the artifacts or information which they may contain pending | 21 |
| properly
supervised excavation and investigation. Without | 22 |
| limiting the generality
of the foregoing, the instrument | 23 |
| conveying or reserving a conservation right
may, with respect |
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HB2840 |
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LRB096 06065 AJO 16147 b |
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| to either the grantor or grantee, require, prohibit,
condition,
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| limit or control any or all of the following:
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| (1) access or public visitation;
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| (2) affirmative acts of alteration, restoration, | 5 |
| rehabilitation, repair,
maintenance, investigation, | 6 |
| documentation, payment of taxes, or compliance
with public | 7 |
| law and regulations;
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| (3) conditions of operation, use, restoration, | 9 |
| alteration, repair or
maintenance;
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| (4) acts detrimental to the preservation of a place;
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| (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;
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| (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;
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| (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;
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| (8) the removal or destruction of trees, shrubs or | 23 |
| other vegetation;
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| (9) surface use inconsistent with preservation of | 25 |
| water or land areas,
or the improvement or appurtenance | 26 |
| thereto;
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LRB096 06065 AJO 16147 b |
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| (10) activities affecting drainage, flood control, | 2 |
| water conservation,
erosion control or soil conservation, | 3 |
| or fish and wildlife habitat
preservation; or
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| (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.
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| (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
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| manner as fee simple interests in real property, subject only | 17 |
| to the
limitations
provided herein.
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| 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.
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| 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.
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| The holder of such rights shall also be permitted to |
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LRB096 06065 AJO 16147 b |
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| 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.
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| (Source: P.A. 91-497, eff. 1-1-00.)
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