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90_HB3641
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
Amends the Real Property Conservation Rights Act.
Includes the federal government in the list of entities that
may (i) accept the transfer or assignment of conservation
rights, (ii) accept the conveyance of conservation rights,
and (iii) enforce conservation rights. Effective
immediately.
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1 AN ACT to amend the Real Property Conservation Rights Act
2 by changing Sections 1, 2, and 4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Real Property Conservation Rights Act is
6 amended by changing Sections 1, 2, and 4 as follows:
7 (765 ILCS 120/1) (from Ch. 30, par. 401)
8 Sec. 1. (a) A conservation right is a right, whether
9 stated in the form of a restriction, easement, covenant or
10 condition, or, without limitation, in any other form in any
11 deed, will, plat, or without limitation any other instrument
12 executed by or on behalf of the owner of land or in any
13 condemnation order of taking, appropriate to preserving:
14 (i) the significant physical character and visual
15 characteristics of structures having architectural,
16 historical, or cultural significance, together with any
17 associated real property, whether or not improved; or (ii)
18 land or water areas predominantly in their natural, scenic,
19 open or wooded condition, or as suitable habitat for fish,
20 plants, or wildlife; or (iii) the integrity of
21 archaeological sites and the artifacts or information which
22 they may contain pending properly supervised excavation and
23 investigation. Without limiting the generality of the
24 foregoing, the instrument conveying or reserving a
25 conservation right may, with respect to either the grantor or
26 grantee, require, prohibit, condition, limit or control any
27 or all of the following:
28 (1) access or public visitation;
29 (2) affirmative acts of alteration, restoration,
30 rehabilitation, repair, maintenance, investigation,
31 documentation, payment of taxes, or compliance with public
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1 law and regulations;
2 (3) conditions of operation, use, restoration,
3 alteration, repair or maintenance;
4 (4) acts detrimental to the preservation of a place;
5 (5) the construction, placement, maintenance in a
6 particular condition, alteration, or removal of roads, signs,
7 billboards or other advertising, utilities or other
8 structures on or above the ground;
9 (6) the dumping or placing of soil or other substance or
10 material as landfill, or dumping or placing of trash, waste
11 or other materials;
12 (7) the excavation, dredging or removal of loam, peat,
13 gravel, soil, rock or other material substance in such manner
14 as to affect the surface or to otherwise alter the topography
15 of the area;
16 (8) the removal or destruction of trees, shrubs or other
17 vegetation;
18 (9) surface use inconsistent with preservation of water
19 or land areas, or the improvement or appurtenance thereto;
20 (10) activities affecting drainage, flood control, water
21 conservation, erosion control or soil conservation, or fish
22 and wildlife habitat preservation; or
23 (11) any other acts or uses having relation to the
24 preservation of structures, sites and water or land areas or
25 the improvements or appurtenances thereto.
26 (b) A conservation right shall be taken to include a
27 preservation restriction as that term is defined in Section
28 11-48.2-1A of the "Illinois Municipal Code", as now or
29 hereafter amended, and shall not be unenforceable on account
30 of lack of privity of estate or contract or lack of benefit
31 to particular land or on account of the benefit being
32 assigned or assignable. Conservation rights shall be
33 construed and enforced in accordance with their terms, and
34 shall be transferable and transferred, recorded and indexed,
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1 in the same manner as fee simple interests in real property,
2 subject only to the limitations provided herein.
3 Conservation rights may be released by the holder of such
4 rights to the holder of the fee even though the holder of the
5 fee may not be the federal government, an agency of the
6 State, a unit of local government or a not-for-profit
7 corporation or trust.
8 The holder of such rights shall also be permitted to
9 transfer or assign such rights but only to the federal
10 government, another agency of the State, a unit of local
11 government or to a not-for-profit corporation or trust.
12 (Source: P.A. 80-584.)
13 (765 ILCS 120/2) (from Ch. 30, par. 402)
14 Sec. 2. Any owner of real property in this State may
15 convey a conservation right in such real property to the
16 federal government, an agency of the State, to a unit of
17 local government, or to a not-for-profit corporation or trust
18 whose primary purposes include the conservation of land,
19 natural areas, open space or water areas, or the preservation
20 of native plants or animals, or biotic communities, or
21 geographic formations of scientific, aesthetic, or
22 educational interest, or the preservation of buildings,
23 structures or sites of historical, architectural,
24 archeological or cultural significance.
25 No conveyance of such conservation rights shall take
26 effect until such conveyance is accepted by the grantee.
27 Acceptance of such conservation rights may be conditioned
28 upon any requirements which are deemed proper by the grantee.
29 Such requirements may include the payment of funds by the
30 grantor to provide for the management of such conservation
31 rights.
32 (Source: P.A. 80-584.)
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1 (765 ILCS 120/4) (from Ch. 30, par. 404)
2 Sec. 4. A conservation right created pursuant to this
3 Act may be enforced in an action seeking injunctive relief,
4 specific performance, or damages in the circuit court of the
5 county in which the area, place, building, structure or site
6 is located by any of the following:
7 (a) the federal government, the State of Illinois, or
8 any unit of local government;
9 (b) any not-for-profit corporation or trust which owns
10 the conservation right;
11 (c) the owner of any real property abutting or within
12 500 feet of the real property subject to the conservation
13 right. Any owner of property subject to a conservation right
14 who wilfully violates any term of such conservation right
15 may, in the court's discretion, be held liable for punitive
16 damages in an amount equal to the value of the real property
17 subject thereto.
18 (Source: P.A. 80-584.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.