Public Act 097-0851
 
HB3892 EnrolledLRB097 14682 KMW 59628 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Downstate Forest Preserve District Act is
amended by changing Sections 6 and 8 as follows:
 
    (70 ILCS 805/6)  (from Ch. 96 1/2, par. 6309)
    Sec. 6. 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 and disabled veterans, 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 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. 93-247, eff. 7-22-03.)
 
    (70 ILCS 805/8)  (from Ch. 96 1/2, par. 6315)
    Sec. 8. Powers and duties of corporate authority and
officers; contracts; salaries.
    (a) The board shall be the corporate authority of such
forest preserve district and shall have power to pass and
enforce all necessary ordinances, rules and regulations for the
management of the property and conduct of the business of such
district. The president of such board shall have power to
appoint such employees as may be necessary. In counties with
population of less than 3,000,000, within 60 days after their
selection the commissioners appointed under the provisions of
Section 3a of this Act shall organize by selecting from their
members a president, secretary, treasurer and such other
officers as are deemed necessary who shall hold office for the
fiscal year in which elected and until their successors are
selected and qualify. In the one district in existence on July
1, 1977, that is managed by an appointed board of
commissioners, the incumbent president and the other officers
appointed in the manner as originally prescribed in this Act
shall hold such offices until the completion of their
respective terms or in the case of the officers other than
president until their successors are appointed by said
president, but in all cases not to extend beyond January 1,
1980 and until their successors are selected and qualify.
Thereafter, the officers shall be selected in the manner as
prescribed in this Section except that their first term of
office shall not expire until June 30, 1981 and until their
successors are selected and qualify.
    (b) In any county, city, village, incorporated town or
sanitary district where the corporate authorities act as the
governing body of a forest preserve district, the person
exercising the powers of the president of the board shall have
power to appoint a secretary and an assistant secretary and
treasurer and an assistant treasurer and such other officers
and such employees as may be necessary. The assistant secretary
and assistant treasurer shall perform the duties of the
secretary and treasurer, respectively in case of death of such
officers or when such officers are unable to perform the duties
of their respective offices. All contracts for supplies,
material or work involving an expenditure in excess of $20,000
shall be let to the lowest responsible bidder, after
advertising at least once in one or more newspapers of general
circulation within the district, excepting work requiring
personal confidence or necessary supplies under the control of
monopolies, where competitive bidding is impossible. Contracts
for supplies, material or work involving an expenditure of
$20,000 or less may be let without advertising for bids, but
whenever practicable, at least 3 competitive bids shall be
obtained before letting such contract. All contracts for
supplies, material or work shall be signed by the president of
the board of commissioners or by any such other officer as the
board in its discretion may designate.
    (c) The president of any board of commissioners appointed
under the provisions of Section 3a of this Act shall receive a
salary not to exceed the sum of $2500 per annum and the salary
of other members of the board so appointed shall not exceed
$1500 per annum. Salaries of the commissioners, officers and
employees shall be fixed by ordinance.
    (d) Whenever a forest preserve district owns any personal
property that, in the opinion of three-fifths of the members of
the board of commissioners is no longer necessary, useful to,
or for the best interests of the forest preserve district, then
three-fifths of the members of the board, at any regular
meeting or any special meeting called for that purpose by an
ordinance or resolution that includes a general description of
the personal property, may authorize the conveyance or sale of
that personal property in any manner that they may designate,
with or without advertising the sale.
(Source: P.A. 93-897, eff. 1-1-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.