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92_HB1070eng HB1070 Engrossed LRB9203824WHcsA 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 8 stated in 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: 13 (i) the significant physical character and visual 14 characteristics of structures having architectural, 15 historical, or cultural significance, together with any 16 associated real property, whether or not improved; or (ii) 17 land or water areas predominantly in their natural, scenic, 18 open, agricultural, or wooded condition, or as suitable 19 habitat for fish, plants, or wildlife; or (iii) the 20 integrity of archaeological sites and the artifacts or 21 information which they may contain pending properly 22 supervised excavation and investigation. Without limiting 23 the generality of the foregoing, the instrument conveying or 24 reserving a conservation right may, with respect to either 25 the grantor or grantee, require, prohibit, condition, limit 26 or control any or all of the following: 27 (1) access or public visitation; 28 (2) affirmative acts of alteration, restoration, 29 rehabilitation, repair, maintenance, investigation, 30 documentation, payment of taxes, or compliance with 31 public law and regulations; HB1070 Engrossed -2- LRB9203824WHcsA 1 (3) conditions of operation, use, restoration, 2 alteration, repair or maintenance; 3 (4) acts detrimental to the preservation of a 4 place; 5 (5) the construction, placement, maintenance in a 6 particular condition, alteration, or removal of roads, 7 signs, billboards or other advertising, utilities or 8 other structures on or above the ground; 9 (6) the dumping or placing of soil or other 10 substance or material as landfill, or dumping or placing 11 of trash, waste or other materials; 12 (7) the excavation, dredging or removal of loam, 13 peat, gravel, soil, rock or other material substance in 14 such manner as to affect the surface or to otherwise 15 alter the topography of the area; 16 (8) the removal or destruction of trees, shrubs or 17 other vegetation; 18 (9) surface use inconsistent with preservation of 19 water or land areas, or the improvement or appurtenance 20 thereto; 21 (10) activities affecting drainage, flood control, 22 water conservation, erosion control or soil conservation, 23 or fish and wildlife habitat preservation; or 24 (11) any other acts or uses having relation to the 25 preservation of structures, sites and water or land areas 26 or the improvements or appurtenances thereto. 27 (b) A conservation right shall be taken to include a 28 preservation restriction as that term is defined in Section 29 11-48.2-1A of the "Illinois Municipal Code", as now or 30 hereafter amended, and shall not be unenforceable on account 31 of lack of privity of estate or contract or lack of benefit 32 to particular land or on account of the benefit being 33 assigned or assignable. Conservation rights shall be 34 construed and enforced in accordance with their terms, and HB1070 Engrossed -3- LRB9203824WHcsA 1 shall be transferable and transferred, recorded and indexed, 2 in the same manner as fee simple interests in real property, 3 subject only to the limitations provided herein. 4 Conservation rights may be released by the holder of such 5 rights to the holder of the fee even though the holder of the 6 fee may not be an agency of the State, a unit of local 7 government or a not-for-profit corporation or trust. 8 The holder of a grant pursuant to this Act shall not be 9 required to record any instrument subsequent to the recording 10 of the grant in order to maintain or continue the validity of 11 the grant. 12 The holder of such rights shall also be permitted to 13 transfer or assign such rights but only to another agency of 14 the State, a unit of local government or to a not-for-profit 15 corporation or trust. 16 (Source: P.A. 91-497, eff. 1-1-00.) 17 (765 ILCS 120/2) (from Ch. 30, par. 402) 18 Sec. 2. Any owner of real property in this State may 19 convey a conservation right in such real property to the 20 United States or any agency of the federal government an 21 agency of the State, to a unit of local government, or to a 22 not-for-profit corporation or trust whose primary purposes 23 include the conservation of land, natural areas, open space 24 or water areas, or the preservation of native plants or 25 animals, or biotic communities, or geographic formations of 26 scientific, aesthetic, or educational interest, or the 27 preservation of buildings, structures or sites of historical, 28 architectural, archeological or cultural significance, or the 29 protection of agricultural land from conversion to other 30 uses. 31 No conveyance of such conservation rights shall take 32 effect until such conveyance is accepted by the grantee. 33 Acceptance of such conservation rights may be conditioned HB1070 Engrossed -4- LRB9203824WHcsA 1 upon any requirements which are deemed proper by the grantee. 2 Such requirements may include the payment of funds by the 3 grantor to provide for the management of such conservation 4 rights. 5 (Source: P.A. 91-497, eff. 1-1-00.)