093_HB3597

 
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 1        AN ACT concerning property rights.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  Title.  This  Act may be cited as the
 5    Illinois Vested Property Rights Act.

 6        Section 5.  Purpose. It is  the  intent  of  the  General
 7    Assembly  to encourage a stronger commitment to comprehensive
 8    and capital facilities  planning,  ensure  the  provision  of
 9    adequate  public  facilities  for  development, encourage the
10    efficient use of resources, and reduce the economic  cost  of
11    development.

12        Section 10.  Findings.
13        (a)  The   General   Assembly  finds  that  the  lack  of
14    certainty in the approval of developments  can  result  in  a
15    waste  of  economic  and land resources, can discourage sound
16    capital improvement planning and  financing,  can  cause  the
17    cost   of  housing  and  development  to  escalate,  and  can
18    discourage  commitment  to  comprehensive  planning.  It   is
19    necessary  and  desirable,  as  a matter of public policy, to
20    provide for the establishment of vested  property  rights  in
21    order to ensure reasonable certainty, stability, and fairness
22    in  the  land  use planning process, to secure the reasonable
23    investment-backed expectations  of  landowners  in  order  to
24    stimulate  economic growth, and to foster cooperation between
25    the public and private sectors.
26        (b)  Assurance to a developer that upon  receipt  of  its
27    zoning  approval  or  development  permits  it may proceed in
28    accordance  with  existing  laws,  policies,  and  ordinances
29    strengthens the public  planning  process,  encourages  sound
30    capital   improvement  planning  and  financing,  assists  in
 
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 1    assuring  there  are  adequate  capital  facilities  for  the
 2    development,    encourages    private    participation     in
 3    comprehensive   planning,   reduces  the  economic  costs  of
 4    development,  allows  for  the  orderly  planning  of  public
 5    facilities  and  services,  and  allows  for  the   equitable
 6    allocation of the cost of public services.
 7        (c)  Because  the  development  approval process involves
 8    the expenditure of considerable sums of money, predictability
 9    encourages the maximum efficient utilization of resources  at
10    the  least  economic  cost  to  the  public. The ability of a
11    landowner to obtain a vested property right when the property
12    is zoned will preserve  the  prerogatives  and  authority  of
13    local  government  with  respect  to  land use matters, while
14    promoting those areas of State-wide concern described herein.
15    The establishment of vested property rights will promote  the
16    goals  specified  in this Act in a manner consistent with the
17    State constitution,  which  guarantees  to  each  person  the
18    inalienable  right to acquire, possess, and protect property,
19    and is therefore  declared  to  be  a  matter  of  state-wide
20    concern.
21        (d)  Public  benefits  derived  from  orderly and planned
22    development may include, but are not limited  to,  affordable
23    housing,   more   cost   effective   design   standards,  and
24    construction of needed infastructure, both on and  off  site,
25    and other improvements.
26        (e)  Land  planning  and  development  involve review and
27    action by multiple governmental agencies. The granting of the
28    vesting of development rights may facilitate the  cooperation
29    and coordination of the requirements and needs of the various
30    governmental   agencies   having   jurisdiction   over   land
31    development.
32        (f)  The  vesting  of property rights by protecting these
33    rights  from  the  effect  of  subsequently   enacted   local
34    legislation  or  from  the  effects  of changing policies and
 
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 1    procedures of local government  agencies  that  may  conflict
 2    with  any  term or provision of the development or in any way
 3    hinder, restrict, or prevent the development of the  project.
 4    The  vesting  of  property  rights  will provide a reasonable
 5    certainty as to the lawful requirements that must be  met  in
 6    development  of  the project, while maintaining the authority
 7    and duty of government to enforce laws and regulations  which
 8    promote the public safety, health, and general welfare of the
 9    citizens   of  our  State  that  are  otherwise  specifically
10    authorized by existing statutes.
11        (g)  This intent will be carried out by  authorizing  the
12    appropriate  local  governments  to  enter  into  development
13    agreements  with  developers,  subject  to the express powers
14    granted to it by the General Assembly and the requirements of
15    this Act.

16        Section. 15.  Definitions. In this Act:
17        "Application" means a substantially complete  application
18    for  approval  of  a  site-specific development plan that has
19    been submitted to  a  local  government  in  compliance  with
20    applicable  requirements established by the local government.
21    For local governments that have provided for the  review  and
22    approval  of  site-specific  development  plans  in  multiple
23    stages,  "application"  means the original application at the
24    first stage in any process that may culminate in the ultimate
25    approval of a site-specific development plan.
26        "Development" includes redevelopment of property.
27        "Landowner" means any  owner  of  a  legal  or  equitable
28    interest in real property and includes the heirs, successors,
29    and assigns of these ownership interests.
30        "Local  government" means any county, municipality, city,
31    village, town, or other governmental unit, whether home  rule
32    or  not,  acting  through  its  governing  body or any board,
33    council, commission, or agency with final approval  authority
 
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 1    over  the  zoning  restrictions  of  property,  site-specific
 2    development  plans, or land use controls affecting the vested
 3    rights of landowners.
 4        "Property" means all real property subject  to  land  use
 5    regulation by a local government.
 6        "Vested  property right" means the right to undertake and
 7    complete the development and use of property under the  terms
 8    and   conditions  of  the  statutes,  laws,  ordinances,  and
 9    regulations that are in place at the time of the submittal of
10    the application.
11        "Site-specific development plan" means a  plan  that  has
12    been  submitted  to  a local government by a landowner or the
13    landowner's  representative   describing,   with   reasonable
14    certainty,  the  type and intensity of the use for a specific
15    parcel or parcels of property. This plan may be in  the  form
16    of, but need not be limited to, any of the following plans or
17    approvals:   (a)   planned   unit  development  plan;  (b)  a
18    subdivision plat; (c) a specially planned area; (d) a planned
19    building  group;  (e)  a  general   submission   plan;(f)   a
20    preliminary or general development plan; (g) a conditional or
21    special  use  plan; (h) a preliminary plan; (i) a preliminary
22    plat;  (j)  petition  for  special  use;  (k)  petition   for
23    variance;  or  (l) any other land use approval designation as
24    may be used by the local government. The application  of  the
25    site-specific   development   plan  shall  trigger  a  vested
26    property right.
27        "Zoning" includes, but is not limited to, existing zoning
28    classification of property at the time of the effective  date
29    of  this  Act  of  the  93rd  General  Assembly  and includes
30    rezoning applications and restrictions.

31        Section 20.  Establishment of vested property right.
32        (a)  A vested property right is established with  respect
33    to  any  property  upon  the  submittal of an application for
 
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 1    approval  or  conditional   approval   of   a   site-specific
 2    development  plan,  regardless  of  whether the site-specific
 3    development plan is submitted with a  request  for  a  zoning
 4    restriction for the property.
 5        (b)  A vested property right shall attach to and run with
 6    the  applicable  property and shall confer upon the landowner
 7    the right to undertake and complete the development  and  use
 8    of  the  property  under  the  terms  and  conditions  of the
 9    site-specific development plan according  to  the  applicable
10    statutes,  laws,  ordinances  and regulations that pertain to
11    the zoning classification, or reclassification, that  are  in
12    effect  at  the  time  that  the  application is submitted. A
13    site-specific development plan shall be deemed approved  upon
14    the  effective  date  of  the  local government legal action,
15    resolution, or ordinance relating thereto.

16        Section 25.  Duration.
17        (a)  A property right that has been  vested  as  provided
18    for in this Act shall remain vested for a period of 10 years.
19    This  period  may not be extended unless expressly authorized
20    by the local government.
21        (b)  Following the approval or conditional approval of  a
22    zoning  or  rezoning  classification  or  of  a site-specific
23    developmental plan, nothing in  this  Act  shall  exempt  any
24    landowner   from   requirements   established  by  the  local
25    government for plat approval of any subsequent subdivision of
26    the property.

27        Section  30.  Jurisdiction.  A  vested   property   right
28    arising  while one local government has jurisdiction over all
29    or part of  the  property  included  within  a  site-specific
30    development  plan  shall be effective against any other local
31    government   that   may   subsequently   obtain   or   assert
32    jurisdiction over the property.
 
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 1        Section 35.  Application and construction.
 2        (a)  Nothing in this Act precludes judicial determination
 3    that a vested property right exists in a particular  case  or
 4    that a compensable taking has occurred.
 5        (b)  Nothing  in  this  Act shall be construed to impair,
 6    affect, or invalidate any rights vested  in  connection  with
 7    planned  unit  developments  or  subdivisions  that have been
 8    approved prior to the effective date of this Act of the  93rd
 9    General Assembly.
10        (c)  This  Act  applies  to  all  zoning  classifications
11    existing at the time of the effective date of this Act of the
12    93rd  General Assembly, and all property rights shall vest at
13    the time of this effective date.
14        (d)  This Act shall not limit  or  otherwise  restrict  a
15    landowner   from  seeking  rezoning  of  existing  or  future
16    property.
17        (e)  Nothing in this Act shall be construed to waive  the
18    requirements for substantial compliance by a local government
19    with the subdivision requirements and appropriate regulations
20    promulgated thereunder.
21        (f)  This Act shall be liberally construed to further the
22    purposes of this Act.

23        Section  40.  Home rule. The provisions of this Act shall
24    apply  to  all  municipalities  and  other  units  of   local
25    government  including  but  not limited to home rule units of
26    government. This Section is a limitation under subsection (i)
27    of Section 6 of Article VII of the Illinois  Constitution  on
28    the  concurrent  exercise  by  home  rule units of powers and
29    functions exercised by the State.