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92_HB1809 LRB9204610REdvA 1 AN ACT concerning open lands. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Open Land Trust Act is amended 5 by adding Section 40 as follows: 6 (525 ILCS 33/40 new) 7 Sec. 40. Development rights. A Rural Legacy program is 8 hereby established to enhance farmland protection while 9 maintaining the viability of resource-based land use and 10 proper management of tillable and wooded areas through 11 agricultural and silvicultural practices. The Department 12 shall cooperate with the Department of Agriculture in 13 developing a program to purchase development rights for 14 farmland preservation. Funding for this program may be 10% 15 of the total amount available for the Illinois Open Land 16 Trust Program. The Department of Agriculture shall, in 17 cooperation with the Department, promulgate rules concerning 18 selection, criteria, and eligibility requirements. The rules 19 must include the following additional requirements: 20 (1) Selection and acquisition must be consistent 21 with the open space objectives of this Act. 22 (2) Public access for conservation and recreation 23 may be an allowable activity at the discretion of the 24 landowner. 25 (3) Development rights acquisition must be limited 26 to those farming operations that will enhance the open 27 space purpose of this Act. 28 (4) Funds may be used to purchase interests in 29 farmland from willing sellers. The interests acquired 30 under this program must be for at least 20 years and may 31 not be altered or transferred except as provided in -2- LRB9204610REdvA 1 paragraph (5) of this Section. 2 (5) The transfer of development rights subsequent 3 to the original purchase may be considered subject to the 4 demonstration of an imperative public need, a 5 recommendation of the Department, and the approval of the 6 Governor. 7 (6) Any other reasonable requirement as determined 8 by the Department of Agriculture, in consultation with 9 the Department, that is necessary to effectively 10 implement this Act. 11 The Department of Agriculture shall annually report to 12 the Governor and the General Assembly on the status of this 13 program. 14 Section 99. Effective date. This Act takes effect on 15 July 1, 2001.
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