Illinois Compiled Statutes
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70 ILCS 805/6
(70 ILCS 805/6)
(from Ch. 96 1/2, par. 6309)
Acquisition of property.
Any such District shall have power to
acquire lands and grounds
for the aforesaid purposes by lease, or in fee simple by gift, grant, legacy,
purchase or condemnation, or to acquire easements in land, and to construct,
lay out, improve and maintain wells, power plants, comfort stations,
shelter houses, paths, driveways, public roads, roadways and other
improvements and facilities in and through such forest preserves as they
shall deem necessary or desirable for the use of such forest preserves by
the public and may acquire, develop, improve and maintain waterways in
conjunction with the district. No district with a population less than
600,000 shall have the power to purchase, condemn, lease or acquire an
easement in property within a municipality without the concurrence of the
governing body of the municipality, except where such district is acquiring
land for a linear park or trail not to exceed 100 yards in width or is
acquiring land contiguous to an existing park or forest preserve, and no
municipality shall annex any land for the purpose of defeating a District
acquisition once the District has given notice of intent to acquire a
specified parcel of land. No district with a population of less than
500,000 shall (i) have the power
to condemn property for a linear park or trail within a municipality
without the concurrence of the
governing body of the municipality or (ii) have the power to
condemn property for a linear park or
trail in an unincorporated area without the concurrence of the governing
body of the township within which the property is located or (iii) once
having commenced a proceeding to acquire land by condemnation, dismiss or
abandon that proceeding without the consent of the property owners.
No district shall establish a trail surface within 50 feet of an occupied
dwelling which was in existence prior to the approval of the acquisition by
the district without obtaining permission of the owners of the premises or
the concurrence of the governing body of the municipality or township within
which the property is located. All acquisitions of land by a district with a
population less than 600,000
within 1 1/2 miles of a municipality shall be preceded by a conference with
the mayor or president of the municipality or his designated agent. If a
forest preserve district is in negotiations for acquisition of land with
owners of land adjacent to a municipality, the annexation of that land
shall be deferred for 6 months. The district shall have no power to acquire
an interest in real estate situated outside the district by the exercise of
the right of eminent domain, by purchase or by lease, but shall have the
power to acquire any such property, or an easement in any such property,
which is contiguous to the district by gift, legacy, grant, or lease
by the State of Illinois, subject to
approval of the county board of the county, and of any forest preserve
district or conservation district, within which the property is located.
The district shall have the same control of and power over land, an
interest in which it has so acquired, as over forest preserves within the
district. If any of the powers to acquire lands and hold
or improve the same given to Forest Preserve Districts, by Sections 5
and 6 of this Act should be held invalid, such invalidity shall not
invalidate the remainder of this Act or any of the other powers herein
given and conferred upon the Forest Preserve Districts. Such Forest
Preserve Districts shall also have power to lease not to exceed 40 acres
of the lands and grounds acquired by it, for a term of not more than 99
years to veterans' organizations as grounds for convalescing sick veterans and veterans with disabilities, and as a place upon which to construct rehabilitation
quarters, or to a county as grounds for a county nursing home or
convalescent home. Any such Forest Preserve District shall also have
power to grant licenses, easements and rights-of-way for the
construction, operation and maintenance upon, under or across any
property of such District of facilities for water, sewage, telephone,
telegraph, electric, gas, renewable energy, or other public service, subject to such terms
and conditions as may be determined by such District.
Any such District may purchase, but not condemn, a parcel of land and sell a
portion thereof for not less than fair market value pursuant to resolution
of the Board. Such resolution shall
be passed by the affirmative vote of at least 2/3 of all members of the
board within 30 days after acquisition by the district of such parcel.
The corporate authorities of a forest preserve district that (i) is located in a county that has more than 700,000 inhabitants, (ii) borders a county that has 1,000,000 or more inhabitants, and (iii) also borders another state, by ordinance or resolution, may authorize the sale or public auction of a structure located on land owned by the district if (i) the structure existed on the land prior to the district's acquisition of the land, (ii) two-thirds of the members of the board of commissioners then holding office find that the structure is not necessary or is not useful to or for the best interest of the forest preserve district, (iii) a condition of sale or auction requires the transferee of the structure to remove the structure from district land, and (iv) prior to the sale or auction, the fair market value of the structure is determined by a written MAI-certified appraisal or by a written certified appraisal of a State certified or licensed real estate appraiser and the appraisal is available for public inspection. The ordinance or resolution shall (i) direct the sale to be conducted by the staff of the district, a listing with local licensed real estate agencies (in which case the terms of the agent's compensation shall be included in the ordinance or resolution), or by public auction, (ii) be published within 7 days after its passage in a newspaper published in the district, and (iii) contain pertinent information concerning the nature of the structure and any terms or conditions of sale or auction. No earlier than 14 days after the publication, the corporate authorities may accept any offer for the structure determined by them to be in the best interest of the district by a vote of two-thirds of the corporate authorities then holding office.
Whenever the board of any forest preserve district determines that
the public interest will be subserved by vacating any street, roadway,
or driveway, or part thereof, located within a forest preserve, it may
vacate that street, roadway, or driveway, or part thereof, by an
ordinance passed by the affirmative vote of at least 3/4 of
all the members of the board, except that the affirmative vote of at least
6/7 of all the members of the board is required if the board members are
elected under Section 3c of this Act. This vote shall be taken by ayes and
nays and entered in the records of the board.
The determination of the board that the nature and extent of the
public use or public interest to be subserved is such as to warrant the
vacation of any street, roadway, or driveway, or part thereof, is
conclusive, and the passage of such an ordinance is sufficient evidence
of that determination, whether so recited in the ordinance or not. The
relief to the public from further burden and responsibility of
maintaining any street, roadway or driveway, or part thereof,
constitutes a public use or public interest authorizing the vacation.
Nothing contained in this Section shall be construed to authorize the
board of any forest preserve district to vacate any street, roadway, or
driveway, or part thereof, that is part of any State or county highway.
When property is damaged by the vacation or closing of any street,
roadway, or driveway, or part thereof, damage shall be ascertained and
paid as provided by law.
Except in cases where the deed, or other instrument dedicating a
street, roadway, or driveway, or part thereof, has expressly provided
for a specific devolution of the title thereto upon the abandonment or
vacation thereof, and except where such street, roadway or driveway, or
part thereof, is held by the district by lease, or where the district holds
an easement in the land included within the street, roadway or driveway,
whenever any street, roadway, or driveway, or part
thereof is vacated under or by virtue of any ordinance of any forest
preserve district, the title to the land in fee simple included within
the street, roadway, or driveway, or part thereof, so vacated vests in
the forest preserve district.
The board of any forest preserve district is authorized to sell at
fair market price, gravel, sand, earth and any other material obtained
from the lands and waters owned by the district.
For the purposes of this Section, "acquiring land" includes acquiring a
fee simple, lease or easement in land.
(Source: P.A. 101-344, eff. 1-1-20