Illinois General Assembly - Full Text of HB2892
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Full Text of HB2892  93rd General Assembly

HB2892 93rd General Assembly


093_HB2892

 
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 1        AN ACT concerning conservation.

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

 4        Section  5.  The Real Property Conservation Rights Act is
 5    amended by changing Sections 1, 2, and 5 as follows:

 6        (765 ILCS 120/1) (from Ch. 30, par. 401)
 7        Sec. 1.  (a) A conservation right  is  a  right,  whether
 8    stated  in  the  form of a restriction, easement, covenant or
 9    condition, or, without limitation, in any other form  in  any
10    deed,  will, plat, or without limitation any other instrument
11    executed by or on behalf of the  owner  of  land  or  in  any
12    condemnation  order  of  taking,  appropriate  to preserving:
13    (i)  the   significant   physical   character   and    visual
14    characteristics    of    structures   having   architectural,
15    historical,  or  cultural  significance,  together  with  any
16    associated  real  property,  whether or not improved; or (ii)
17    land or water areas predominantly in their  natural,  scenic,
18    open,  agricultural,  or  wooded  condition,  or  as suitable
19    habitat  for  fish,  plants,  or  wildlife;   or   (iii)  the
20    integrity  of  archaeological  sites  and  the  artifacts  or
21    information   which   they   may   contain  pending  properly
22    supervised excavation and  investigation.   Without  limiting
23    the  generality of the foregoing, the instrument conveying or
24    reserving a conservation right may, with  respect  to  either
25    the  grantor  or grantee, require, prohibit, condition, limit
26    or control any or all of the following:
27             (1)  access or public visitation;
28             (2)  affirmative acts  of  alteration,  restoration,
29        rehabilitation,   repair,   maintenance,   investigation,
30        documentation,  payment  of  taxes,  or  compliance  with
31        public law and regulations;
 
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 1             (3)  conditions   of  operation,  use,  restoration,
 2        alteration, repair or maintenance;
 3             (4)  acts  detrimental  to  the  preservation  of  a
 4        place;
 5             (5)  the construction, placement, maintenance  in  a
 6        particular  condition,  alteration,  or removal of roads,
 7        signs, billboards  or  other  advertising,  utilities  or
 8        other structures on or above the ground;
 9             (6)  the   dumping  or  placing  of  soil  or  other
10        substance or material as landfill, or dumping or  placing
11        of trash, waste or other materials;
12             (7)  the  excavation,  dredging  or removal of loam,
13        peat, gravel, soil, rock or other material  substance  in
14        such  manner  as  to  affect  the surface or to otherwise
15        alter the topography of the area;
16             (8)  the removal or destruction of trees, shrubs  or
17        other vegetation;
18             (9)  surface  use  inconsistent with preservation of
19        water or land areas, or the improvement  or  appurtenance
20        thereto;
21             (10)  activities  affecting drainage, flood control,
22        water conservation, erosion control or soil conservation,
23        or fish and wildlife habitat preservation; or
24             (11)  any other acts or uses having relation to  the
25        preservation of structures, sites and water or land areas
26        or the improvements or appurtenances thereto.
27        (b)  A  conservation  right  shall  be taken to include a
28    preservation restriction as that term is defined  in  Section
29    11-48.2-1A  of  the  "Illinois  Municipal  Code",  as  now or
30    hereafter amended, and shall not be unenforceable on  account
31    of  lack  of privity of estate or contract or lack of benefit
32    to particular  land  or  on  account  of  the  benefit  being
33    assigned   or   assignable.   Conservation  rights  shall  be
34    construed and enforced in accordance with  their  terms,  and
 
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 1    shall  be transferable and transferred, recorded and indexed,
 2    in the same manner as fee simple interests in real  property,
 3    subject only to the limitations provided herein.
 4        Conservation rights may be released by the holder of such
 5    rights to the holder of the fee even though the holder of the
 6    fee  may  not  be  an  agency  of  the State, a unit of local
 7    government or a not-for-profit corporation or trust.
 8        The holder of a grant pursuant to this Act shall  not  be
 9    required to record any instrument subsequent to the recording
10    of the grant in order to maintain or continue the validity of
11    the grant.
12        The  holder  of  such  rights  shall also be permitted to
13    transfer or assign such rights but only to another agency  of
14    the  State, a unit of local government or to a not-for-profit
15    corporation or trust.
16    (Source: P.A. 91-497, eff. 1-1-00.)

17        (765 ILCS 120/2) (from Ch. 30, par. 402)
18        Sec. 2. Any owner of real  property  in  this  State  may
19    convey  a  conservation  right  in  such real property to the
20    United States or any agency  of  the  federal  government  an
21    agency  of  the State, to a unit of local government, or to a
22    not-for-profit corporation or trust  whose  primary  purposes
23    include  the  conservation of land, natural areas, open space
24    or water areas, or  the  preservation  of  native  plants  or
25    animals,  or  biotic communities, or geographic formations of
26    scientific,  aesthetic,  or  educational  interest,  or   the
27    preservation of buildings, structures or sites of historical,
28    architectural, archeological or cultural significance, or the
29    protection  of  agricultural  land  from  conversion to other
30    uses.
31        No conveyance of  such  conservation  rights  shall  take
32    effect  until  such  conveyance  is  accepted by the grantee.
33    Acceptance of such conservation  rights  may  be  conditioned
 
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 1    upon any requirements which are deemed proper by the grantee.
 2    Such  requirements  may  include  the payment of funds by the
 3    grantor to provide for the management  of  such  conservation
 4    rights.
 5    (Source: P.A. 91-497, eff. 1-1-00.)

 6        (765 ILCS 120/5)
 7        Sec. 5.  All instruments creating conservation rights and
 8    all  instruments  releasing conservation rights shall be duly
 9    recorded in the county where the land lies so  as  to  affect
10    title in the manner of other conveyances of interests in land
11    and  shall describe the land subject to or released from such
12    conservation  right  by  adequate  legal  description  or  by
13    reference to a recorded plat  showing  its  boundaries.   The
14    recorder  or  the  Registrar of Titles shall, upon recording,
15    cause  a  copy  of  the  conservation  right  or  release  of
16    conservation right to be mailed to the Department of  Natural
17    Resources.   In  accordance  with  Section  2 of this Act, in
18    those cases when a conservation right has been  conveyed  for
19    the  purpose  of protecting agricultural land from conversion
20    to other uses, the recorder or the Registrar of Titles shall,
21    upon recording, cause a copy of  the  conservation  right  or
22    release  of conservation right to be mailed by certified mail
23    to the Illinois Department of Agriculture.  A release of  the
24    conservation  right  shall not be effective until it has been
25    duly recorded.
26    (Source: P.A. 88-657, eff. 1-1-95; 89-445, eff. 2-7-96.)

27        Section 99.  Effective date.  This Act takes effect  upon
28    becoming law.