Bill Text: IL HB2601 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Real Property Conservation Rights Act. Provides that a conservation right may be amended or modified from time to time only by a written instrument executed by the grantor and grantee and recorded with the office of the recorder of deeds of the county in which the land is located. Provides that either party may, in the absolute discretion of the party, withhold consent to any amendment or modification requested by the other party. Provides that an amendment or modification shall not materially and adversely affect the conservation purposes of the conservation right or facilitate the extinguishment of the conservation right. Provides that the consent of any party other than the grantor and grantee is not required for amendment or modification, even if the other party is entitled to enforce an easement. Provides that the conservation right may contain other requirements for amendment or modification, and such other requirements shall control. Provides that a unit of local government has the authority to grant a conservation right on property that it owns to another unit of government or to a not-for-profit corporation or trust that meets certain criteria. Provides that an action to enforce a conservation right may be brought by any party entitled to enforce the conservation right against a nonowner who is violating the terms of the conservation right. Provides that a notice of violation may be recorded by the holder of the conservation right against any property that the holder of the conservation right reasonably determines is in violation of the conservation right. Provides that a conservation right shall not be extinguished by adverse possession, a claim of abandonment, or merger, and may be extinguished only by such procedure as may be set forth in the conservation right or by a release of the conservation right in accordance with the terms of the conservation right. Provides that no prescriptive easement shall be established that adversely impacts the conservation values protected by the conservation right. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Passed) 2019-07-26 - Public Act . . . . . . . . . 101-0142 [HB2601 Detail]

Download: Illinois-2019-HB2601-Engrossed.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Real Property Conservation Rights Act is
amended by changing Sections 1, 2, 4, and 6 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

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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;

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(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

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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.
(c) A conservation right may be amended or modified from
time to time only by a written instrument executed by the
grantor and grantee and recorded with the office of the
recorder of deeds of the county in which the land is located.
Either party may, in the absolute discretion of the party,
withhold consent to any amendment or modification requested by
the other party. An amendment or modification shall not
materially and adversely affect the conservation purposes of
the conservation right or facilitate the extinguishment of the
conservation right. The consent of any party other than the
grantor and grantee is not required for amendment or
modification, even if the other party is entitled to enforce an
easement under this Act or any other law. The conservation
right may contain other requirements for amendment or
modification, and such other requirements shall control.
(Source: P.A. 91-497, eff. 1-1-00.)
(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

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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.
A unit of local government, including, but not limited to,
a county, township, forest preserve district, conservation
district, park district, or municipality, has the authority to
grant a conservation right on property that it owns to another
unit of government or to any not-for-profit corporation or
trust described in this Section.
(Source: P.A. 91-497, eff. 1-1-00.)
(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:

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(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.
An action to enforce a conservation right may also be
brought by any party entitled to enforce the conservation right
under this Section against a nonowner who is violating the
terms of the conservation right.
If the holder of a conservation right reasonably determines
that there is a violation of the right, the holder of the
conservation right may record a notice of violation against the
property for which the conservation right applies.
(Source: P.A. 91-497, eff. 1-1-00.)
(765 ILCS 120/6) (from Ch. 30, par. 406)
Sec. 6. This Act shall not be construed to imply that any
restriction, easement, covenant or condition which does not
have the benefit of the Act shall, on account of any provision

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herein, be unenforceable. Nothing in this Act shall diminish
the powers granted in any other law to acquire by purchase,
gift, grant, eminent domain or otherwise and to use land for
public purposes. A conservation right shall not be extinguished
by adverse possession, a claim of abandonment, or merger, and
may be extinguished only by such procedure as may be set forth
in the conservation right or by a release of the conservation
right in accordance with the terms of the conservation right.
No prescriptive easement shall be established that adversely
impacts the conservation values protected by the conservation
right.
(Source: P.A. 80-584.)
Section 99. Effective date. This Act takes effect upon
becoming law.