Bill Text: IL HB2239 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Cook County Forest Preserve District Act. Provides that any forest preserve district shall have the power to acquire land, in fee simple or by easement, for the following purposes: to create a forest preserve, for the consolidation of forest preserve units, to connect forest preserve units, to preserve and manage the water resources of the forest preserve district along water courses, and to provide for the extension of roads and parking for forest preserves. Further provides that any forest preserve district shall have the power to acquire land by easement as it shall deem necessary or desirable for public use of forest preserves. Provides that property owned by a forest preserve district and property in which a forest preserve district is the grantee of a conservation easement or the grantee of a conservation right shall not be subject to eminent domain or condemnation proceedings. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 26-3)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0407 [HB2239 Detail]
Download: Illinois-2013-HB2239-Engrossed.html
Bill Title: Amends the Cook County Forest Preserve District Act. Provides that any forest preserve district shall have the power to acquire land, in fee simple or by easement, for the following purposes: to create a forest preserve, for the consolidation of forest preserve units, to connect forest preserve units, to preserve and manage the water resources of the forest preserve district along water courses, and to provide for the extension of roads and parking for forest preserves. Further provides that any forest preserve district shall have the power to acquire land by easement as it shall deem necessary or desirable for public use of forest preserves. Provides that property owned by a forest preserve district and property in which a forest preserve district is the grantee of a conservation easement or the grantee of a conservation right shall not be subject to eminent domain or condemnation proceedings. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 26-3)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0407 [HB2239 Detail]
Download: Illinois-2013-HB2239-Engrossed.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Cook County Forest Preserve District Act is | ||||||
5 | amended by changing Sections 7, 8, and 8.1 as follows:
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6 | (70 ILCS 810/7) (from Ch. 96 1/2, par. 6410)
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7 | Sec. 7.
Any forest preserve district shall
have the power | ||||||
8 | to create forest preserves, and for that purpose shall
have the | ||||||
9 | power to acquire in fee simple or by easements in land, in the | ||||||
10 | manner hereinafter
provided, and hold lands containing one or | ||||||
11 | more natural forests or parts
thereof or land or lands | ||||||
12 | connecting such forests or parts thereof, or
lands capable of | ||||||
13 | being forested, for the purpose of protecting and
preserving | ||||||
14 | the flora, fauna, and scenic beauties within such district,
and | ||||||
15 | to restore, restock, protect and preserve the natural forests | ||||||
16 | and
such lands together with their flora and fauna, as nearly | ||||||
17 | as may be, in
their natural state and condition, for the | ||||||
18 | purpose of the education,
pleasure, and recreation of the | ||||||
19 | public. Lands may be acquired in fee
simple or by easements in | ||||||
20 | land for the consolidation of such preserves into unit areas of | ||||||
21 | size
and form convenient and desirable for public use and | ||||||
22 | economical
maintenance and improvement and when in the judgment | ||||||
23 | of the Board the
public access, use, and enjoyment of such |
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1 | preserves and other purposes
of this Act will be served by | ||||||
2 | connecting any such preserves with
forested ways or links, | ||||||
3 | lands for connecting links of such width,
length, and location | ||||||
4 | as the Board deem necessary or desirable may be
acquired in fee | ||||||
5 | simple or by easements in land and held for such purposes and | ||||||
6 | improved by
forestation, roads, and pathways. Any such district | ||||||
7 | may also acquire
lands in fee simple or by easements in land | ||||||
8 | along or enclosing water courses, drainage ways,
lakes, ponds, | ||||||
9 | planned impoundments or elsewhere which, in the judgment
of its | ||||||
10 | Board are required to store flood waters, or control other
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11 | drainage and water conditions, or to recycle secondary treated | ||||||
12 | sewage effluents
or wastewater through the production and sale | ||||||
13 | of agricultural,
silvicultural or aquacultural products, | ||||||
14 | necessary for the preservation
and management of the water | ||||||
15 | resources of the district, provided no
debris, tree, tree | ||||||
16 | limbs, logs, shrubbery, or related growths and
trimmings | ||||||
17 | therefrom shall be deposited in, along, or upon the bank of
any | ||||||
18 | waters and water courses within the State of Illinois or any
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19 | tributary thereto where the same shall be liable to be washed | ||||||
20 | into or
deposited along waters and water courses, either by | ||||||
21 | normal or flood
flows, as a result of storms or otherwise, | ||||||
22 | which may in any manner
impede or obstruct the natural flow of | ||||||
23 | such waters and water courses.
Unforested lands adjacent to | ||||||
24 | forest preserves may also be acquired in
fee simple or by | ||||||
25 | easements in land, to provide for extension of roads and | ||||||
26 | forested ways around
and by such preserves and for parking |
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1 | space for automobiles and other
facilities not requiring | ||||||
2 | forested areas but incidental to the use and
protection | ||||||
3 | thereof. All work done in or along any water course shall be
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4 | done in accordance with the provisions of "An Act in relation | ||||||
5 | to the
regulation of the rivers, lakes, and streams of the | ||||||
6 | State of Illinois,"
approved June 10, 1911, as heretofore and | ||||||
7 | hereafter amended, insofar as
such Act may be applicable.
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8 | (Source: P.A. 80-320.)
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9 | (70 ILCS 810/8) (from Ch. 96 1/2, par. 6411)
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10 | Sec. 8.
Any forest preserve district shall have power to | ||||||
11 | acquire easements in land, lands
in fee simple and grounds | ||||||
12 | within such district for the aforesaid purposes by
gift, grant, | ||||||
13 | legacy, purchase or condemnation and to construct, lay out,
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14 | improve and maintain wells, power plants, comfort stations, | ||||||
15 | shelter
houses, paths, driveways, roadways and other | ||||||
16 | improvements and facilities
in and through such forest | ||||||
17 | preserves as it shall deem necessary or
desirable for the use | ||||||
18 | of such forest preserves by the public. Such forest
preserve | ||||||
19 | districts shall also have power to lease not to exceed 40 acres | ||||||
20 | of the
lands and grounds acquired by it, for a term of not more | ||||||
21 | than 99 years
to veterans' organizations as grounds for | ||||||
22 | convalescing sick and disabled
veterans, and as a place upon | ||||||
23 | which to construct rehabilitation
quarters, or to a county as | ||||||
24 | grounds for a county nursing home or
convalescent home. Any | ||||||
25 | such forest preserve district shall also have
power to grant |
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1 | licenses, easements and rights-of-way for the
construction, | ||||||
2 | operation and maintenance upon, under or across any
property of | ||||||
3 | such district of facilities for water, sewage, telephone,
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4 | telegraph, electric, gas or other public service, subject to | ||||||
5 | such terms
and conditions as may be determined by such | ||||||
6 | district.
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7 | Whenever the board determines that
the public interest will | ||||||
8 | be subserved by vacating any street, roadway,
or driveway, or | ||||||
9 | part thereof, located within a forest preserve, it may
vacate | ||||||
10 | that street, roadway, or driveway, or part thereof, by an
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11 | ordinance passed by the affirmative vote of at least 3/4 of
all | ||||||
12 | the members of the board.
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13 | The determination of the board that the nature and extent | ||||||
14 | of the
public use or public interest to be subserved is such as | ||||||
15 | to warrant the
vacation of any street, roadway, or driveway, or | ||||||
16 | part thereof, is
conclusive, and the passage of such an | ||||||
17 | ordinance is sufficient evidence
of that determination, | ||||||
18 | whether so recited in the ordinance or not. The
relief to the | ||||||
19 | public from further burden and responsibility of
maintaining | ||||||
20 | any street, roadway or driveway, or part thereof,
constitutes a | ||||||
21 | public use or public interest authorizing the vacation.
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22 | Nothing contained in this Section shall be construed to | ||||||
23 | authorize the
board to vacate any street, roadway, or
driveway, | ||||||
24 | or part thereof, that is part of any State or county highway.
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25 | When property is damaged by the vacation or closing of any | ||||||
26 | street,
roadway, or driveway, or part thereof, damage shall be |
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1 | ascertained and
paid as provided by law.
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2 | Except in cases where the deed, or other instrument | ||||||
3 | dedicating a
street, roadway, or driveway, or part thereof, has | ||||||
4 | expressly provided
for a specific devolution of the title | ||||||
5 | thereto upon the abandonment or
vacation thereof, whenever any | ||||||
6 | street, roadway, or driveway, or part
thereof is vacated under | ||||||
7 | or by virtue of any ordinance of any forest
preserve district, | ||||||
8 | the title to the land in fee simple included within
the street, | ||||||
9 | roadway, or driveway, or part thereof, so vacated vests in
the | ||||||
10 | forest preserve district.
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11 | The board of any forest preserve district is authorized to | ||||||
12 | sell at
fair market price, gravel, sand, earth and any other | ||||||
13 | material obtained
from the lands and waters owned by the | ||||||
14 | district.
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15 | (Source: P.A. 83-388.)
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16 | (70 ILCS 810/8.1) (from Ch. 96 1/2, par. 6411.1)
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17 | Sec. 8.1.
Property owned by a forest preserve district and | ||||||
18 | property in which a forest preserve district is the grantee of | ||||||
19 | a conservation easement or grantee of a conservation right as | ||||||
20 | defined in Section (1)(a) of the Real Property Conservation | ||||||
21 | Rights Act shall not be subject
to eminent domain or | ||||||
22 | condemnation proceedings.
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23 | (Source: P.A. 80-1443.)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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