PROPERTY CONSERVATION RIGHTS
Synopsis of Bill as introduced:
Amends the Real Property Conservation Rights Act to provide that
a land grant pursuant to the Act shall be valid for the period
specified in the instrument by which it is created, notwithstanding
the rule against perpetuities or similar restrictive laws. Provides
that if the duration of the land grant is not specified, it shall be
deemed to be perpetual. Provides that any owner of real property in
this State may convey conservation rights in the property to the
federal government. Amends the Code of Civil Procedure to provide
that the right to just compensation applies to owners of any
conservation right where the conservation right is taken or altered.
Amends the Property Tax Code to provide that any property dedicated as
a natural buffer under the Illinois Natural Areas Preservation Act is
encumbered by a public easement. Provides that a tax deed issued with
respect to any property sold under the Code shall not extinguish or
affect any conservation right.
HOUSE AMENDMENT NO. 1.
Further amends the Real Property Conservation Rights Act to
provide that no conservation easement held by a public body shall
diminish the powers granted in any other law to acquire and use land
for public purposes.
SENATE AMENDMENT NO. 1.
Amends the Property Tax Code to provide that any property
dedicated as a nature preserve buffer (instead of a natural buffer)
under the Illinois Natural Areas Preservation Act is encumbered by a
public easement. Amends the Real Property Conservation Rights Act to
remove amendatory changes providing that a grant with no stated
duration is perpetual and that a grant with a specified time is valid
notwithstanding any other laws or interests for the stated time
period. Amends the Code of Civil Procedure to provide that the right
to compensation applies to property subject to a conservation right
under the Real Property Conservation Rights Act, and the amount of
compensation for the taking of the property shall not be diminished or
reduced by virtue of the existence of the conservation right. Deletes
specific method of determining just compensation.
Last action on Bill: PUBLIC ACT.............................. 91-0497
Last action date: 99-08-13
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 1
END OF INQUIRY
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