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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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