Full Text of SB2888 94th General Assembly
SB2888 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2888
Introduced 1/20/2006, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
|
765 ILCS 120/1 |
from Ch. 30, par. 401 |
765 ILCS 120/2 |
from Ch. 30, par. 402 |
|
Amends the Real Property Conservation Rights Act.
In provisions defining "conservation right", includes a right that is
appropriate to preserving areas in their agricultural condition.
Includes, among
the purposes for which a conservation right in real property may be conveyed,
the protection
of agricultural land from conversion to other uses.
|
| |
|
|
A BILL FOR
|
|
|
|
|
SB2888 |
|
LRB094 15654 RSP 50862 b |
|
| 1 |
| AN ACT concerning property.
| 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 and 2 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 , agricultural, or wooded condition, or as | 18 |
| suitable habitat
for fish, plants, or wildlife; or (iii) the | 19 |
| integrity of archaeological
sites and the artifacts or | 20 |
| information which they may contain pending properly
supervised | 21 |
| excavation and investigation. Without limiting the generality
| 22 |
| of the foregoing, the instrument conveying or reserving a | 23 |
| conservation right
may, with respect to either the grantor or | 24 |
| grantee, require, prohibit,
condition,
limit or control any or | 25 |
| all of the following:
| 26 |
| (1) access or public visitation;
| 27 |
| (2) affirmative acts of alteration, restoration, | 28 |
| rehabilitation, repair,
maintenance, investigation, | 29 |
| documentation, payment of taxes, or compliance
with public | 30 |
| law and regulations;
| 31 |
| (3) conditions of operation, use, restoration, | 32 |
| alteration, repair or
maintenance;
|
|
|
|
SB2888 |
- 2 - |
LRB094 15654 RSP 50862 b |
|
| 1 |
| (4) acts detrimental to the preservation of a place;
| 2 |
| (5) the construction, placement, maintenance in a | 3 |
| particular condition,
alteration, or removal of roads, | 4 |
| signs, billboards or other advertising,
utilities or other | 5 |
| structures on or above the ground;
| 6 |
| (6) the dumping or placing of soil or other substance | 7 |
| or material as
landfill,
or dumping or placing of trash, | 8 |
| waste or other materials;
| 9 |
| (7) the excavation, dredging or removal of loam, peat, | 10 |
| gravel, soil, rock
or other material substance in such | 11 |
| manner as to affect the surface or to
otherwise alter the | 12 |
| topography of the area;
| 13 |
| (8) the removal or destruction of trees, shrubs or | 14 |
| other vegetation;
| 15 |
| (9) surface use inconsistent with preservation of | 16 |
| water or land areas,
or the improvement or appurtenance | 17 |
| thereto;
| 18 |
| (10) activities affecting drainage, flood control, | 19 |
| water conservation,
erosion control or soil conservation, | 20 |
| or fish and wildlife habitat
preservation; or
| 21 |
| (11) any other acts or uses having relation to the | 22 |
| preservation of
structures,
sites and water or land areas | 23 |
| or the improvements or appurtenances thereto.
| 24 |
| (b) A conservation right shall be taken to include a | 25 |
| preservation
restriction
as that term is defined in Section | 26 |
| 11-48.2-1A of the "Illinois Municipal
Code", as now or | 27 |
| hereafter amended, and shall not be unenforceable on account
of | 28 |
| lack of privity of estate or contract or lack of benefit to | 29 |
| particular
land or on account of the benefit being assigned or | 30 |
| assignable. Conservation
rights shall be construed and | 31 |
| enforced in accordance with their terms, and
shall be | 32 |
| transferable and transferred, recorded and indexed, in the same
| 33 |
| manner as fee simple interests in real property, subject only | 34 |
| to the
limitations
provided herein.
| 35 |
| Conservation rights may be released by the holder of such | 36 |
| rights to the
holder of the fee even though the holder of the |
|
|
|
SB2888 |
- 3 - |
LRB094 15654 RSP 50862 b |
|
| 1 |
| fee may not be an agency
of the State, a unit of local | 2 |
| government or a not-for-profit corporation or
trust.
| 3 |
| The holder of a grant pursuant to this Act shall not be | 4 |
| required to record
any instrument subsequent to the recording | 5 |
| of the grant in order to maintain or
continue the validity of | 6 |
| the grant.
| 7 |
| The holder of such rights shall also be permitted to | 8 |
| transfer or assign
such rights but only to another agency of | 9 |
| the State, a unit of local government
or to a not-for-profit | 10 |
| corporation or trust.
| 11 |
| (Source: P.A. 91-497, eff. 1-1-00.)
| 12 |
| (765 ILCS 120/2) (from Ch. 30, par. 402)
| 13 |
| Sec. 2. Any owner of real property in this State may convey | 14 |
| a conservation
right in such real property to
the United States | 15 |
| or any agency of the federal government
an agency of the State, | 16 |
| to a unit of local
government, or to a not-for-profit | 17 |
| corporation or trust whose primary purposes
include the | 18 |
| conservation of land, natural areas,
open space or water areas,
| 19 |
| or the preservation of native plants or animals, or biotic | 20 |
| communities,
or geographic formations of scientific,
| 21 |
| aesthetic, or educational interest, or the preservation of | 22 |
| buildings,
structures
or sites of historical, architectural, | 23 |
| archeological or cultural
significance , or the protection of | 24 |
| agricultural land from conversion to other
uses .
| 25 |
| No conveyance of such conservation rights shall take effect | 26 |
| until such
conveyance is accepted by the grantee.
Acceptance of | 27 |
| such conservation rights may be conditioned upon any | 28 |
| requirements
which are deemed proper by the grantee. Such | 29 |
| requirements may include the
payment of funds by the grantor to | 30 |
| provide for the management of such
conservation
rights.
| 31 |
| (Source: P.A. 91-497, eff. 1-1-00.)
|
|