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91_HB2302
LRB9105121MWks
1 AN ACT to amend the Downstate Forest Preserve District
2 Act by changing Section 6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Downstate Forest Preserve District Act is
6 amended by changing Section 6 as follows:
7 (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
8 Sec. 6. Acquisition and disposal of property. Any such
9 District shall have power to acquire lands and grounds for
10 the aforesaid purposes by lease, or in fee simple by gift,
11 grant, legacy, purchase or condemnation, or to acquire
12 easements in land, and to construct, lay out, improve and
13 maintain wells, power plants, comfort stations, shelter
14 houses, paths, driveways, public roads, roadways and other
15 improvements and facilities in and through the such forest
16 preserves as they shall deem necessary or desirable for the
17 use of the such forest preserves by the public and may
18 acquire, develop, improve and maintain waterways in
19 conjunction with the district. No district with a population
20 less than 600,000 shall have the power to purchase, condemn,
21 lease, or acquire an easement in property within a
22 municipality without the concurrence of the governing body of
23 the municipality, except where the such district is acquiring
24 land for a linear park or trail not to exceed 100 yards in
25 width or is acquiring land contiguous to an existing park or
26 forest preserve, and no municipality shall annex any land
27 for the purpose of defeating a District acquisition once the
28 District has given notice of intent to acquire a specified
29 parcel of land. No district with a population of less than
30 500,000 shall (i) have the power to condemn property for a
31 linear park or trail within a municipality without the
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1 concurrence of the governing body of the municipality, or
2 (ii) have the power to condemn property for a linear park or
3 trail in an unincorporated area without the concurrence of
4 the governing body of the township within which the property
5 is located, or (iii) once having commenced a proceeding to
6 acquire land by condemnation, dismiss or abandon that
7 proceeding without the consent of the property owners. No
8 district shall establish a trail surface within 50 feet of an
9 occupied dwelling which was in existence prior to the
10 approval of the acquisition by the district without obtaining
11 permission of the owners of the premises or the concurrence
12 of the governing body of the municipality or township within
13 which the property is located. All acquisitions of land by
14 a district with a population less than 600,000 within 1 1/2
15 miles of a municipality shall be preceded by a conference
16 with the mayor or president of the municipality or his
17 designated agent. If a forest preserve district is in
18 negotiations for acquisition of land with owners of land
19 adjacent to a municipality, the annexation of that land shall
20 be deferred for 6 months. The district shall have no power to
21 acquire an interest in real estate situated outside the
22 district by the exercise of the right of eminent domain, by
23 purchase or by lease, but shall have the power to acquire any
24 such property, or an easement in any such property, which is
25 contiguous to the district by gift, legacy, or grant, subject
26 to approval of the county board of the county, and of any
27 forest preserve district or conservation district, within
28 which the property is located. The district shall have the
29 same control of and power over land, an interest in which it
30 has so acquired, as over forest preserves within the
31 district. If any of the powers to acquire lands and hold or
32 improve the same given to Forest Preserve Districts, by
33 Sections 5 and 6 of this Act should be held invalid, such
34 invalidity shall not invalidate the remainder of this Act or
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1 any of the other powers herein given and conferred upon the
2 Forest Preserve Districts. Such Forest Preserve Districts
3 shall also have power to lease not to exceed 40 acres of the
4 lands and grounds acquired by it, for a term of not more than
5 99 years to veterans' organizations as grounds for
6 convalescing sick and disabled veterans, and as a place upon
7 which to construct rehabilitation quarters, or to a county as
8 grounds for a county nursing home or convalescent home. Any
9 such Forest Preserve District shall also have power to grant
10 licenses, easements and rights-of-way for the construction,
11 operation and maintenance upon, under or across any property
12 of such District of facilities for water, sewage, telephone,
13 telegraph, electric, gas or other public service, subject to
14 such terms and conditions as may be determined by such
15 District.
16 Any such District may purchase, but not condemn, a parcel
17 of land and sell a portion thereof for not less than fair
18 market value pursuant to resolution of the Board. Such
19 resolution shall be passed by the affirmative vote of at
20 least 2/3 of all members of the board within 30 days after
21 acquisition by the district of such parcel.
22 Whenever the board of any forest preserve district
23 determines that the public interest will be subserved by
24 vacating any street, roadway, or driveway, or part thereof,
25 located within a forest preserve, it may vacate that street,
26 roadway, or driveway, or part thereof, by an ordinance passed
27 by the affirmative vote of at least 3/4 of all the members of
28 the board. This vote shall be taken by ayes and nays and
29 entered in the records of the board.
30 The determination of the board that the nature and extent
31 of the public use or public interest to be subserved is such
32 as to warrant the vacation of any street, roadway, or
33 driveway, or part thereof, is conclusive, and the passage of
34 such an ordinance is sufficient evidence of that
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1 determination, whether so recited in the ordinance or not.
2 The relief to the public from further burden and
3 responsibility of maintaining any street, roadway or
4 driveway, or part thereof, constitutes a public use or public
5 interest authorizing the vacation.
6 Nothing contained in this Section shall be construed to
7 authorize the board of any forest preserve district to vacate
8 any street, roadway, or driveway, or part thereof, that is
9 part of any State or county highway.
10 When property is damaged by the vacation or closing of
11 any street, roadway, or driveway, or part thereof, damage
12 shall be ascertained and paid as provided by law.
13 Except in cases where the deed, or other instrument
14 dedicating a street, roadway, or driveway, or part thereof,
15 has expressly provided for a specific devolution of the title
16 thereto upon the abandonment or vacation thereof, and except
17 where such street, roadway or driveway, or part thereof, is
18 held by the district by lease, or where the district holds an
19 easement in the land included within the street, roadway or
20 driveway, whenever any street, roadway, or driveway, or part
21 thereof is vacated under or by virtue of any ordinance of any
22 forest preserve district, the title to the land in fee simple
23 included within the street, roadway, or driveway, or part
24 thereof, so vacated vests in the forest preserve district.
25 The board of any forest preserve district is authorized
26 to sell at fair market price, gravel, sand, earth and any
27 other material obtained from the lands and waters owned by
28 the district.
29 For the purposes of this Section, "acquiring land"
30 includes acquiring a fee simple, lease or easement in land.
31 (Source: P.A. 86-267; 86-1387; 87-847.)