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| Public Act 099-0398 | ||||
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AN ACT concerning the Prairie Wind Trail.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Prairie Wind Trail Property Transfer Act. | ||||
Section 5. Legislative statement. Between the years of 1991 | ||||
and 2002, the Department of Natural Resources expended $408,085 | ||||
to acquire 281.502 acres of real property, in the counties of | ||||
Coles, Douglas and Moultrie, with the intention of constructing | ||||
a recreational trail for use by the general public. The | ||||
intended recreational trail was not constructed because the | ||||
Department of Natural Resources was not able to acquire a | ||||
contiguous linear parcel of real property sufficient to | ||||
construct an uninterrupted recreational trail. | ||||
Between the years of 1995 and 2011, the Department of | ||||
Natural Resources transferred 47.777 acres of real property to | ||||
several private and public entities. These transfers were | ||||
completed in accordance with Public Acts 88-369, 89-29, 89-223, | ||||
90-760, 91-824, and 96-316.
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Between 1991 and 2013, the Department of Natural Resources | ||||
expended $207,425.89 in legal defense expenses associated with | ||||
the process of acquiring and holding title to the real property | ||||
constituting the planned Prairie Wind Trail. (See Hemingway v. | ||||
American Premium Underwriters, Inc., 97-MR-5, Sixth Circuit, | ||
Douglas County, Illinois and Ag Farms, Inc. v. American Premium | ||
Underwriters, Inc., 2002-MR-6, Sixth Circuit, Moultrie County, | ||
Illinois.) | ||
The General Assembly finds that transferring the real | ||
property known as the Prairie Wind Trail to adjacent owners is | ||
a public benefit to avoid further expenditure of legal defense | ||
expenses.
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Section 10. Definitions. As used in this Act:
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"Adjacent owner" means an owner of real property with a | ||
common boundary to parcels comprising the planned Prairie Wind | ||
Trail owned by the Department of Natural Resources. | ||
"Department" means the Department of Natural Resources of | ||
the State of Illinois. | ||
"Prairie Wind Trail" means real property in the counties of | ||
Coles, Douglas and Moultrie that is owned by the Department of | ||
Natural Resources and was acquired between the years of 1991 | ||
and 2002 with the intention of constructing a recreational | ||
trail for use by the general public. | ||
Section 15. Authority to convey real estate. The Department | ||
may transfer and convey all or part of the real estate acquired | ||
for the Prairie Wind Trail as provided in this Act. In order to | ||
facilitate the transfers authorized by this Act, the Secretary | ||
of State shall establish a repository for the deeds, surveys, | ||
and related materials for each parcel within the Secretary of | ||
State Index Department. | ||
Section 20. Transfer process. | ||
(a) Notwithstanding any provision of the State Property | ||
Control Act, an adjacent owner may request the transfer of a | ||
limited portion of the Prairie Wind Trail in accordance with | ||
this Act. If an adjacent owner desires transfer of a portion of | ||
the Prairie Wind Trail, the adjacent owner shall provide notice | ||
to the Department, accompanied by the following: | ||
(1) a title search proving ownership or a certified | ||
copy of the recorded deed for the adjacent real property; | ||
(2) a copy of the most recent real property tax | ||
assessment for the adjacent real property; and | ||
(3) a notarized affidavit executed by the owner of the | ||
adjacent real property affirming current ownership of the | ||
adjacent real property. | ||
(b) The real estate transferred to an adjacent owner | ||
pursuant to this Act may not extend beyond an area encompassed | ||
by: | ||
(1) the common property boundary;
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(2) the center line of the Prairie Wind Trail; and
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(3) lines extending from the boundary of the common | ||
boundary of the real estate to the center line of the | ||
Prairie Wind Trail.
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(c) Upon receipt of notice, the Department shall determine | ||
whether the adjacent owner has demonstrated ownership of the | ||
real estate with a common boundary to the Prairie Wind Trail | ||
and compliance with subsection (a) of this Section. | ||
(d) If the adjacent owner demonstrates ownership of the | ||
real estate with a common boundary to the Prairie Wind Trail | ||
and compliance with subsection (a) of this Section, the | ||
Department shall notify the adjacent owner and schedule a real | ||
estate closing at a mutually agreeable time and place. The | ||
adjacent owner is responsible to pay all filing fees, taxes, | ||
and costs associated with closing the real estate transaction. | ||
(e) If a person does not demonstrate ownership of the real | ||
estate with a common boundary to the Prairie Wind Trail or | ||
compliance with subsection (a) of this Section, the Department | ||
shall reject the request to transfer any portion of the Prairie | ||
Wind Trail to that person. | ||
(f) If the Department receives a request to transfer any | ||
portion of the Prairie Wind Trail that is the subject of any | ||
pending action filed in any federal or State court, that | ||
requested portion of the Prairie Wind Trail may not be | ||
transferred by the Department until a final judgment is | ||
rendered in the pending action. | ||
(g) In the case of 2 or more parties claiming ownership of | ||
all or the same adjacent property, the Department shall not | ||
transfer any property of the requested portion of the Prairie | ||
Wind Trail until an agreed-upon settlement between the | ||
conflicting parties is made or until a final judgment is made | ||
in any action related to the adjacent property in a court of | ||
competent jurisdiction. | ||
(h) Upon a final judgment in favor of the requesting party | ||
or dismissal of all lawsuits concerning real estate for which a | ||
transfer has been requested, the Department shall transfer that | ||
real estate, provided that it meets the other requirements of | ||
this Act. | ||
Section 25. Time limitations. The Department shall begin | ||
accepting requests to transfer portions of the Prairie Wind | ||
Trail on the effective date of this Act. The Department shall | ||
not accept any request received more than 2 years after the | ||
effective date of this Act. During this time period, the | ||
Department shall hold a public hearing in the counties of | ||
Moultrie and Douglas regarding the transfer of portions of the | ||
Prairie Wind Trail. The hearing shall provide an opportunity | ||
for adjacent owners to petition the Department. Notice shall be | ||
given by public advertisement in a newspaper in general | ||
circulation in the Prairie Wind Trail area. The notice shall | ||
provide the date, time, and location of the public hearings and | ||
provide information regarding the transfer of real property. | ||
Section 30. Review. Any determinations required by this Act | ||
and any actions to transfer real estate are within the sole | ||
discretion of the Department and are not subject to judicial or | ||
administrative review.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||