Illinois General Assembly - Full Text of Public Act 093-0247
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Public Act 093-0247


 

Public Act 93-0247 of the 93rd General Assembly


Public Act 93-0247

HB2477 Enrolled                      LRB093 09496 BDD 09731 b

    AN ACT concerning forest preserves.

    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 Section 6 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.
    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. 91-384, eff. 7-30-99.)
    Section  99.  Effective date.  This Act takes effect upon
becoming law.

Effective Date: 07/22/03