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91_HB2302ham001
LRB9105121MWksam
1 AMENDMENT TO HOUSE BILL 2302
2 AMENDMENT NO. . Amend House Bill 2302 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Downstate Forest Preserve District Act
5 is amended by changing Section 6 as follows:
6 (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
7 Sec. 6. Any such District shall have power to acquire
8 lands and grounds for the aforesaid purposes by lease, or in
9 fee simple by gift, grant, legacy, purchase or condemnation,
10 or to acquire easements in land, and to construct, lay out,
11 improve and maintain wells, power plants, comfort stations,
12 shelter houses, paths, driveways, public roads, roadways and
13 other improvements and facilities in and through such forest
14 preserves as they shall deem necessary or desirable for the
15 use of such forest preserves by the public and may acquire,
16 develop, improve and maintain waterways in conjunction with
17 the district. No district with a population less than
18 50,000, however, shall have the power to condemn property
19 within the district. No district with a population less than
20 600,000 shall have the power to purchase, condemn, lease or
21 acquire an easement in property within a municipality without
22 the concurrence of the governing body of the municipality,
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1 except where such district is acquiring land for a linear
2 park or trail not to exceed 100 yards in width or is
3 acquiring land contiguous to an existing park or forest
4 preserve, and no municipality shall annex any land for the
5 purpose of defeating a District acquisition once the District
6 has given notice of intent to acquire a specified parcel of
7 land. No district with a population of less than 500,000
8 shall (i) have the power to condemn property for a linear
9 park or trail within a municipality without the concurrence
10 of the governing body of the municipality or (ii) have the
11 power to condemn property for a linear park or trail in an
12 unincorporated area without the concurrence of the governing
13 body of the township within which the property is located or
14 (iii) once having commenced a proceeding to acquire land by
15 condemnation, dismiss or abandon that proceeding without the
16 consent of the property owners. No district shall establish a
17 trail surface within 50 feet of an occupied dwelling which
18 was in existence prior to the approval of the acquisition by
19 the district without obtaining permission of the owners of
20 the premises or the concurrence of the governing body of the
21 municipality or township within which the property is
22 located. All acquisitions of land by a district with a
23 population less than 600,000 within 1 1/2 miles of a
24 municipality shall be preceded by a conference with the mayor
25 or president of the municipality or his designated agent. If
26 a forest preserve district is in negotiations for acquisition
27 of land with owners of land adjacent to a municipality, the
28 annexation of that land shall be deferred for 6 months. The
29 district shall have no power to acquire an interest in real
30 estate situated outside the district by the exercise of the
31 right of eminent domain, by purchase or by lease, but shall
32 have the power to acquire any such property, or an easement
33 in any such property, which is contiguous to the district by
34 gift, legacy, or grant, subject to approval of the county
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1 board of the county, and of any forest preserve district or
2 conservation district, within which the property is located.
3 The district shall have the same control of and power over
4 land, an interest in which it has so acquired, as over forest
5 preserves within the district. If any of the powers to
6 acquire lands and hold or improve the same given to Forest
7 Preserve Districts, by Sections 5 and 6 of this Act should be
8 held invalid, such invalidity shall not invalidate the
9 remainder of this Act or any of the other powers herein given
10 and conferred upon the Forest Preserve Districts. Such Forest
11 Preserve Districts shall also have power to lease not to
12 exceed 40 acres of the lands and grounds acquired by it, for
13 a term of not more than 99 years to veterans' organizations
14 as grounds for convalescing sick and disabled veterans, and
15 as a place upon which to construct rehabilitation quarters,
16 or to a county as grounds for a county nursing home or
17 convalescent home. Any such Forest Preserve District shall
18 also have power to grant licenses, easements and
19 rights-of-way for the construction, operation and maintenance
20 upon, under or across any property of such District of
21 facilities for water, sewage, telephone, telegraph, electric,
22 gas or other public service, subject to such terms and
23 conditions as may be determined by such District.
24 Any such District may purchase, but not condemn, a parcel
25 of land and sell a portion thereof for not less than fair
26 market value pursuant to resolution of the Board. Such
27 resolution shall be passed by the affirmative vote of at
28 least 2/3 of all members of the board within 30 days after
29 acquisition by the district of such parcel.
30 Whenever the board of any forest preserve district
31 determines that the public interest will be subserved by
32 vacating any street, roadway, or driveway, or part thereof,
33 located within a forest preserve, it may vacate that street,
34 roadway, or driveway, or part thereof, by an ordinance passed
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1 by the affirmative vote of at least 3/4 of all the members of
2 the board. This vote shall be taken by ayes and nays and
3 entered in the records of the board.
4 The determination of the board that the nature and extent
5 of the public use or public interest to be subserved is such
6 as to warrant the vacation of any street, roadway, or
7 driveway, or part thereof, is conclusive, and the passage of
8 such an ordinance is sufficient evidence of that
9 determination, whether so recited in the ordinance or not.
10 The relief to the public from further burden and
11 responsibility of maintaining any street, roadway or
12 driveway, or part thereof, constitutes a public use or public
13 interest authorizing the vacation.
14 Nothing contained in this Section shall be construed to
15 authorize the board of any forest preserve district to vacate
16 any street, roadway, or driveway, or part thereof, that is
17 part of any State or county highway.
18 When property is damaged by the vacation or closing of
19 any street, roadway, or driveway, or part thereof, damage
20 shall be ascertained and paid as provided by law.
21 Except in cases where the deed, or other instrument
22 dedicating a street, roadway, or driveway, or part thereof,
23 has expressly provided for a specific devolution of the title
24 thereto upon the abandonment or vacation thereof, and except
25 where such street, roadway or driveway, or part thereof, is
26 held by the district by lease, or where the district holds an
27 easement in the land included within the street, roadway or
28 driveway, whenever any street, roadway, or driveway, or part
29 thereof is vacated under or by virtue of any ordinance of any
30 forest preserve district, the title to the land in fee simple
31 included within the street, roadway, or driveway, or part
32 thereof, so vacated vests in the forest preserve district.
33 The board of any forest preserve district is authorized
34 to sell at fair market price, gravel, sand, earth and any
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1 other material obtained from the lands and waters owned by
2 the district.
3 For the purposes of this Section, "acquiring land"
4 includes acquiring a fee simple, lease or easement in land.
5 (Source: P.A. 86-267; 86-1387; 87-847.)".