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91_HB1788
LRB9102312MWksA
1 AN ACT to amend the Cook County Forest Preserve District
2 Act by changing Section 8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Cook County Forest Preserve District Act
6 is amended by changing Section 8 as follows:
7 (70 ILCS 810/8) (from Ch. 96 1/2, par. 6411)
8 Sec. 8. Acquisition of property; vacation of streets;
9 sale of materials from land or water. Any forest preserve
10 district shall have power to acquire lands in fee simple and
11 grounds within the such district for the aforesaid purposes
12 by gift, grant, legacy, purchase or condemnation and to
13 construct, lay out, improve and maintain wells, power plants,
14 comfort stations, shelter houses, paths, driveways, roadways
15 and other improvements and facilities in and through the such
16 as it shall deem necessary or
17 desirable for the use of the such forest preserves by the
18 public. Such forest preserve districts shall also have power
19 to lease not to exceed 40 acres of the lands and grounds
20 acquired by it, for a term of not more than 99 years to
21 veterans' organizations as grounds for convalescing sick and
22 disabled veterans, and as a place upon which to construct
23 rehabilitation quarters, or to a county as grounds for a
24 county nursing home or convalescent home, to a multi-purpose
25 social services agency serving older adults, or to a high
26 school serving 9th through 12th grades. Any such forest
27 preserve district shall also have power to grant licenses,
28 easements and rights-of-way for the construction, operation
29 and maintenance upon, under or across any property of such
30 district of facilities for water, sewage, telephone,
31 telegraph, electric, gas or other public service, subject to
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1 such terms and conditions as may be determined by such
2 district.
3 Whenever the board determines that the public interest
4 will be subserved by vacating any street, roadway, or
5 driveway, or part thereof, located within a forest preserve,
6 it may vacate that street, roadway, or driveway, or part
7 thereof, by an ordinance passed by the affirmative vote of at
8 least 3/4 of all the members of the board.
9 The determination of the board that the nature and extent
10 of the public use or public interest to be subserved is such
11 as to warrant the vacation of any street, roadway, or
12 driveway, or part thereof, is conclusive, and the passage of
13 such an ordinance is sufficient evidence of that
14 determination, whether so recited in the ordinance or not.
15 The relief to the public from further burden and
16 responsibility of maintaining any street, roadway or
17 driveway, or part thereof, constitutes a public use or public
18 interest authorizing the vacation.
19 Nothing contained in this Section shall be construed to
20 authorize the board to vacate any street, roadway, or
21 driveway, or part thereof, that is part of any State or
22 county highway.
23 When property is damaged by the vacation or closing of
24 any street, roadway, or driveway, or part thereof, damage
25 shall be ascertained and paid as provided by law.
26 Except in cases where the deed, or other instrument
27 dedicating a street, roadway, or driveway, or part thereof,
28 has expressly provided for a specific devolution of the title
29 thereto upon the abandonment or vacation thereof, whenever
30 any street, roadway, or driveway, or part thereof is vacated
31 under or by virtue of any ordinance of any forest preserve
32 district, the title to the land in fee simple included within
33 the street, roadway, or driveway, or part thereof, so vacated
34 vests in the forest preserve district.
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1 The board of any forest preserve district is authorized
2 to sell at fair market price, gravel, sand, earth and any
3 other material obtained from the lands and waters owned by
4 the district.
5 (Source: P.A. 83-388.)