Sen. Chapin Rose

Filed: 5/22/2014

 

 


 

 


 
09800HB2930sam001LRB098 10035 HEP 60050 a

1
AMENDMENT TO HOUSE BILL 2930

2    AMENDMENT NO. ______. Amend House Bill 2930 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Prairie Wind Trail Property Transfer Act.
 
6    Section 5. Legislative statement. Between the years of 1991
7and 2002, the Department of Natural Resources expended $408,085
8to acquire 281.502 acres of real property, in the counties of
9Coles, Douglas and Moultrie, with the intention of constructing
10a recreational trail for use by the general public. The
11intended recreational trail was not constructed because the
12Department of Natural Resources was not able to acquire a
13contiguous linear parcel of real property sufficient to
14construct an uninterrupted recreational trail.
15    Between the years of 1995 and 2011, the Department of
16Natural Resources transferred 47.777 acres of real property to

 

 

09800HB2930sam001- 2 -LRB098 10035 HEP 60050 a

1several private and public entities. These transfers were
2completed in accordance with Public Acts 88-369, 89-29, 89-223,
390-760, 91-824, and 96-316.
4    Between 1991 and 2013, the Department of Natural Resources
5expended $207,425.89 in legal defense expenses associated with
6the process of acquiring and holding title to the real property
7constituting the planned Prairie Wind Trail. (See Hemingway v.
8American Premium Underwriters, Inc., 97-MR-5, Sixth Circuit,
9Douglas County, Illinois and Ag Farms, Inc. v. American Premium
10Underwriters, Inc., 2002-MR-6, Sixth Circuit, Moultrie County,
11Illinois.)
12    The General Assembly finds that transferring the real
13property known as the Prairie Wind Trail to adjacent owners is
14a public benefit to avoid further expenditure of legal defense
15expenses.
 
16    Section 10. Definitions. As used in this Act:
17    "Adjacent owner" means an owner of real property with a
18common boundary to parcels comprising the planned Prairie Wind
19Trail owned by the Department of Natural Resources.
20    "Department" means the Department of Natural Resources of
21the State of Illinois.
22    "Prairie Wind Trail" means real property in the counties of
23Coles, Douglas and Moultrie that is owned by the Department of
24Natural Resources and was acquired between the years of 1991
25and 2002 with the intention of constructing a recreational

 

 

09800HB2930sam001- 3 -LRB098 10035 HEP 60050 a

1trail for use by the general public.
 
2    Section 15. Authority to convey real estate. The Department
3may transfer and convey all or part of the real estate acquired
4for the Prairie Wind Trail as provided in this Act. In order to
5facilitate the transfers authorized by this Act, the Secretary
6of State shall establish a repository for the deeds, surveys,
7and related materials for each parcel within the Secretary of
8State Index Department.
 
9    Section 20. Transfer process.
10    (a) Notwithstanding any provision of the State Property
11Control Act, an adjacent owner may request the transfer of a
12limited portion of the Prairie Wind Trail in accordance with
13this Act. If an adjacent owner desires transfer of a portion of
14the Prairie Wind Trail, the adjacent owner shall provide notice
15to the Department, accompanied by the following:
16        (1) a title search proving ownership or a certified
17    copy of the recorded deed for the adjacent real property;
18        (2) a copy of the most recent real property tax
19    assessment for the adjacent real property; and
20        (3) a notarized affidavit executed by the owner of the
21    adjacent real property affirming current ownership of the
22    adjacent real property.
23    (b) The real estate transferred to an adjacent owner
24pursuant to this Act may not extend beyond an area encompassed

 

 

09800HB2930sam001- 4 -LRB098 10035 HEP 60050 a

1by:
2        (1) the common property boundary;
3        (2) the center line of the Prairie Wind Trail; and
4        (3) lines extending from the boundary of the common
5    boundary of the real estate to the center line of the
6    Prairie Wind Trail.
7    (c) Upon receipt of notice, the Department shall determine
8whether the adjacent owner has demonstrated ownership of the
9real estate with a common boundary to the Prairie Wind Trail
10and compliance with subsection (a) of this Section.
11    (d) If the adjacent owner demonstrates ownership of the
12real estate with a common boundary to the Prairie Wind Trail
13and compliance with subsection (a) of this Section, the
14Department shall notify the adjacent owner and schedule a real
15estate closing at a mutually agreeable time and place. The
16adjacent owner is responsible to pay all filing fees, taxes,
17and costs associated with closing the real estate transaction.
18    (e) If a person does not demonstrate ownership of the real
19estate with a common boundary to the Prairie Wind Trail or
20compliance with subsection (a) of this Section, the Department
21shall reject the request to transfer any portion of the Prairie
22Wind Trail to that person.
23    (f) If the Department receives a request to transfer any
24portion of the Prairie Wind Trail that is the subject of any
25pending action filed in any federal or State court, that
26requested portion of the Prairie Wind Trail may not be

 

 

09800HB2930sam001- 5 -LRB098 10035 HEP 60050 a

1transferred by the Department until a final judgment is
2rendered in the pending action.
3    (g) In the case of 2 or more parties claiming ownership of
4all or the same adjacent property, the Department shall not
5transfer any property of the requested portion of the Prairie
6Wind Trail until an agreed-upon settlement between the
7conflicting parties is made or until a final judgment is made
8in any action related to the adjacent property in a court of
9competent jurisdiction.
 
10    Section 25. Time limitations. The Department shall begin
11accepting requests to transfer portions of the Prairie Wind
12Trail on the effective date of this Act. The Department shall
13not accept any request received more than 2 years after the
14effective date of this Act. During this time period, the
15Department shall hold a public hearing in the counties of
16Moultrie and Douglas regarding the transfer of portions of the
17Prairie Wind Trail. The hearing shall provide an opportunity
18for adjacent owners to petition the Department. Notice shall be
19given by public advertisement in a newspaper in general
20circulation in the Prairie Wind Trail area. The notice shall
21provide the date, time, and location of the public hearings and
22provide information regarding the transfer of real property.
 
23    Section 30. Review. Any determinations required by this Act
24and any actions to transfer real estate are within the sole

 

 

09800HB2930sam001- 6 -LRB098 10035 HEP 60050 a

1discretion of the Department and are not subject to judicial or
2administrative review.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".