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Public Act 91-0497
HB1688 Enrolled LRB9104018KSmg
AN ACT concerned with property conservation rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Sections 9-145 and 22-70 as follows:
(35 ILCS 200/9-145)
Sec. 9-145. Statutory level of assessment. Except in
counties with more than 200,000 inhabitants which classify
property for purposes of taxation, property shall be valued
as follows:
(a) Each tract or lot of property shall be valued
at 33 1/3% of its fair cash value.
(b) Each taxable leasehold estate shall be valued
at 33 1/3% of its fair cash value.
(c) Each building or structure which is located on
the right of way of any canal, railroad or other company
leased or granted to another company or person for a term
of years, shall be valued at 33 1/3% of its fair cash
value.
(d) Any property on which there is a coal or other
mine, or stone or other quarry, shall be valued at 33
1/3% of its fair cash value. Oil, gas and other
minerals, except coal, shall have value and be assessed
separately at 33 1/3% of the fair cash value of such oil,
gas and other minerals. Coal shall be assessed
separately at 33 1/3% of the coal reserve economic value,
as provided in Sections 10-170 through 10-200.
(e) In the assessment of property encumbered by
public easement, any depreciation occasioned by such
easement shall be deducted in the valuation of such
property. Any property dedicated as a nature preserve or
as a nature preserve buffer under the Illinois Natural
Areas Preservation Act, for the purposes of this
paragraph, is encumbered by a public easement and shall
be depreciated for assessment purposes to a level at
which its valuation shall be $1 per acre or portion
thereof.
This Section is subject to and modified by Sections
10-110 through 10-140 and 11-5 through 11-65.
(Source: P.A. 84-1343; 88-455.)
(35 ILCS 200/22-70)
Sec. 22-70. Easements and covenants running with the
land. A tax deed issued with respect to any property sold
under this Code shall not extinguish or affect any
conservation right, easement, covenant running with the land
or right-of-way for water, sewer, electricity, gas, telephone
or other public service use which was created, on or over
that real property before the time that property was sold
under this Code and which is evidenced either by a recorded
instrument or by wires, poles, pipes, equipment or other
public service facilities. When the property described in a
tax deed issued under this Code is a dominant or a servient
tenement with respect to any private easement or easements,
created in good faith expressly or by operation of law for
the benefit of a dominant tenement or tenements, with respect
to the easement or easements the tax deed shall have the same
effect as a deed of conveyance made by the owner of the
property to the tax deed grantee, just prior to the issuance
of the deed.
This Section does not apply to tax deeds issued because
the owner of any easement, covenant running with the land or
right-of-way has failed to pay taxes or special assessments
assessed for that easement, covenant running with the land or
right-of-way.
(Source: Laws 1967, p. 2744; P.A. 88-455.)
Section 10. The Code of Civil Procedure is amended by
changing Section 7-101 as follows:
(735 ILCS 5/7-101) (from Ch. 110, par. 7-101)
Sec. 7-101. Compensation - Jury. Private property shall
not be taken or damaged for public use without just
compensation, and in all cases in which compensation is not
made by the state in its corporate capacity, or a political
subdivision of the state, or municipality in its respective
corporate capacity, such compensation shall be ascertained by
a jury, as hereinafter prescribed. Where compensation is so
made by the state, a political subdivision of the state, or
municipality, any party upon application may have a trial by
jury to ascertain the just compensation to be paid. Such
demand on the part of the state, a political subdivision of
the state, or municipality, shall be filed with the complaint
for condemnation of the state, a political subdivision of the
state, or municipality. Where the state, a political
subdivision of the state, or municipality is plaintiff, a
defendant desirous of a trial by jury must file a demand
therefor on or before the return date of the summons served
on him or her or fixed in the publication in case of
defendants served by publication. In the event no party in
the condemnation action demands a trial by jury as provided
for by this Section, then the trial shall be before the court
without a jury. The right to just compensation as provided in
this Article applies to the owner or owners of any lawfully
erected off-premises outdoor advertising sign that is
compelled to be altered or removed under this Article or any
other statute, or under any ordinance or regulation of any
municipality or other unit of local government, and also
applies to the owner or owners of the property on which that
sign is erected. The right to just compensation as provided
in this Article applies to property subject to a conservation
right under the Real Property Conservation Rights Act. The
amount of compensation for the taking of the property shall
not be diminished or reduced by virtue of the existence of
the conservation right. The holder of the conservation right
shall be entitled to just compensation for the value of the
conservation right.
(Source: P.A. 87-1205.)
Section 15. The Real Property Conservation Rights Act is
amended by changing Sections 1, 2, and 4 as follows:
(765 ILCS 120/1) (from Ch. 30, par. 401)
Sec. 1. (a) A conservation right is a right, whether
stated in the form of a restriction, easement, covenant or
condition, or, without limitation, in any other form in any
deed, will, plat, or without limitation any other instrument
executed by or on behalf of the owner of land or in any
condemnation order of taking, appropriate to preserving:
(i) the significant physical character and visual
characteristics of structures having architectural,
historical, or cultural significance, together with any
associated real property, whether or not improved; or (ii)
land or water areas predominantly in their natural, scenic,
open or wooded condition, or as suitable habitat for fish,
plants, or wildlife; or (iii) the integrity of
archaeological sites and the artifacts or information which
they may contain pending properly supervised excavation and
investigation. Without limiting the generality of the
foregoing, the instrument conveying or reserving a
conservation right may, with respect to either the grantor or
grantee, require, prohibit, condition, limit or control any
or all of the following:
(1) access or public visitation;
(2) affirmative acts of alteration, restoration,
rehabilitation, repair, maintenance, investigation,
documentation, payment of taxes, or compliance with public
law and regulations;
(3) conditions of operation, use, restoration,
alteration, repair or maintenance;
(4) acts detrimental to the preservation of a place;
(5) the construction, placement, maintenance in a
particular condition, alteration, or removal of roads, signs,
billboards or other advertising, utilities or other
structures on or above the ground;
(6) the dumping or placing of soil or other substance or
material as landfill, or dumping or placing of trash, waste
or other materials;
(7) the excavation, dredging or removal of loam, peat,
gravel, soil, rock or other material substance in such manner
as to affect the surface or to otherwise alter the topography
of the area;
(8) the removal or destruction of trees, shrubs or other
vegetation;
(9) surface use inconsistent with preservation of water
or land areas, or the improvement or appurtenance thereto;
(10) activities affecting drainage, flood control, water
conservation, erosion control or soil conservation, or fish
and wildlife habitat preservation; or
(11) any other acts or uses having relation to the
preservation of structures, sites and water or land areas or
the improvements or appurtenances thereto.
(b) A conservation right shall be taken to include a
preservation restriction as that term is defined in Section
11-48.2-1A of the "Illinois Municipal Code", as now or
hereafter amended, and shall not be unenforceable on account
of lack of privity of estate or contract or lack of benefit
to particular land or on account of the benefit being
assigned or assignable. Conservation rights shall be
construed and enforced in accordance with their terms, and
shall be transferable and transferred, recorded and indexed,
in the same manner as fee simple interests in real property,
subject only to the limitations provided herein.
Conservation rights may be released by the holder of such
rights to the holder of the fee even though the holder of the
fee may not be an agency of the State, a unit of local
government or a not-for-profit corporation or trust.
The holder of a grant pursuant to this Act shall not be
required to record any instrument subsequent to the recording
of the grant in order to maintain or continue the validity of
the grant.
The holder of such rights shall also be permitted to
transfer or assign such rights but only to another agency of
the State, a unit of local government or to a not-for-profit
corporation or trust.
(Source: P.A. 80-584.)
(765 ILCS 120/2) (from Ch. 30, par. 402)
Sec. 2. Any owner of real property in this State may
convey a conservation right in such real property to the
United States or any agency of the federal government an
agency of the State, to a unit of local government, or to a
not-for-profit corporation or trust whose primary purposes
include the conservation of land, natural areas, open space
or water areas, or the preservation of native plants or
animals, or biotic communities, or geographic formations of
scientific, aesthetic, or educational interest, or the
preservation of buildings, structures or sites of historical,
architectural, archeological or cultural significance.
No conveyance of such conservation rights shall take
effect until such conveyance is accepted by the grantee.
Acceptance of such conservation rights may be conditioned
upon any requirements which are deemed proper by the grantee.
Such requirements may include the payment of funds by the
grantor to provide for the management of such conservation
rights.
(Source: P.A. 80-584.)
(765 ILCS 120/4) (from Ch. 30, par. 404)
Sec. 4. A conservation right created pursuant to this
Act may be enforced in an action seeking injunctive relief,
specific performance, or damages in the circuit court of the
county in which the area, place, building, structure or site
is located by any of the following:
(a) the United States or any agency of the federal
government, the State of Illinois, or any unit of local
government;
(b) any not-for-profit corporation or trust which owns
the conservation right;
(c) the owner of any real property abutting or within
500 feet of the real property subject to the conservation
right. Any owner of property subject to a conservation right
who wilfully violates any term of such conservation right
may, in the court's discretion, be held liable for punitive
damages in an amount equal to the value of the real property
subject thereto.
(Source: P.A. 80-584.)
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