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| [ Senate Amendment 002 ] |
92_SB2149
SRS92SB0081PMcp
1 AN ACT in relation to forest preserve districts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
5 Sec. 6. Acquisition of property. Any such District shall
6 have power to acquire lands and grounds for the aforesaid
7 purposes by lease, or in fee simple by gift, grant, legacy,
8 purchase or condemnation, or to acquire easements in land,
9 and to construct, lay out, improve and maintain wells, power
10 plants, comfort stations, shelter houses, paths, driveways,
11 public roads, roadways and other improvements and facilities
12 in and through such forest preserves as they shall deem
13 necessary or desirable for the use of such forest preserves
14 by the public and may acquire, develop, improve and maintain
15 waterways in conjunction with the district. No district with
16 a population less than 400,000 600,000 shall have the power
17 to purchase, condemn, lease or acquire an easement in
18 property within a municipality without the concurrence of the
19 governing body of the municipality, except where such
20 district is acquiring land for a linear park or trail not to
21 exceed 100 yards in width or is acquiring land contiguous to
22 an existing park or forest preserve, and no municipality
23 shall annex any land for the purpose of defeating a District
24 acquisition once the District has given notice of intent to
25 acquire a specified parcel of land. No district with a
26 population of less than 400,000 500,000 shall (i) have the
27 power to condemn property for a linear park or trail within a
28 municipality without the concurrence of the governing body of
29 the municipality or (ii) have the power to condemn property
30 for a linear park or trail in an unincorporated area without
31 the concurrence of the governing body of the township within
32 which the property is located or (iii) once having commenced
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1 a proceeding to acquire land by condemnation, dismiss or
2 abandon that proceeding without the consent of the property
3 owners. No district shall establish a trail surface within 50
4 feet of an occupied dwelling which was in existence prior to
5 the approval of the acquisition by the district without
6 obtaining permission of the owners of the premises or the
7 concurrence of the governing body of the municipality or
8 township within which the property is located. All
9 acquisitions of land by a district with a population less
10 than 400,000 600,000 within 1 1/2 miles of a municipality
11 shall be preceded by a conference with the mayor or president
12 of the municipality or his designated agent. If a forest
13 preserve district is in negotiations for acquisition of land
14 with owners of land adjacent to a municipality, the
15 annexation of that land shall be deferred for 6 months. The
16 district shall have no power to acquire an interest in real
17 estate situated outside the district by the exercise of the
18 right of eminent domain, by purchase or by lease, but shall
19 have the power to acquire any such property, or an easement
20 in any such property, which is contiguous to the district by
21 gift, legacy, grant, or lease by the State of Illinois,
22 subject to approval of the county board of the county, and of
23 any forest preserve district or conservation district, within
24 which the property is located. The district shall have the
25 same control of and power over land, an interest in which it
26 has so acquired, as over forest preserves within the
27 district. If any of the powers to acquire lands and hold or
28 improve the same given to Forest Preserve Districts, by
29 Sections 5 and 6 of this Act should be held invalid, such
30 invalidity shall not invalidate the remainder of this Act or
31 any of the other powers herein given and conferred upon the
32 Forest Preserve Districts. Such Forest Preserve Districts
33 shall also have power to lease not to exceed 40 acres of the
34 lands and grounds acquired by it, for a term of not more than
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1 99 years to veterans' organizations as grounds for
2 convalescing sick and disabled veterans, and as a place upon
3 which to construct rehabilitation quarters, or to a county as
4 grounds for a county nursing home or convalescent home. Any
5 such Forest Preserve District shall also have power to grant
6 licenses, easements and rights-of-way for the construction,
7 operation and maintenance upon, under or across any property
8 of such District of facilities for water, sewage, telephone,
9 telegraph, electric, gas or other public service, subject to
10 such terms and conditions as may be determined by such
11 District.
12 Any such District may purchase, but not condemn, a parcel
13 of land and sell a portion thereof for not less than fair
14 market value pursuant to resolution of the Board. Such
15 resolution shall be passed by the affirmative vote of at
16 least 2/3 of all members of the board within 30 days after
17 acquisition by the district of such parcel.
18 Whenever the board of any forest preserve district
19 determines that the public interest will be subserved by
20 vacating any street, roadway, or driveway, or part thereof,
21 located within a forest preserve, it may vacate that street,
22 roadway, or driveway, or part thereof, by an ordinance passed
23 by the affirmative vote of at least 3/4 of all the members of
24 the board. This vote shall be taken by ayes and nays and
25 entered in the records of the board.
26 The determination of the board that the nature and extent
27 of the public use or public interest to be subserved is such
28 as to warrant the vacation of any street, roadway, or
29 driveway, or part thereof, is conclusive, and the passage of
30 such an ordinance is sufficient evidence of that
31 determination, whether so recited in the ordinance or not.
32 The relief to the public from further burden and
33 responsibility of maintaining any street, roadway or
34 driveway, or part thereof, constitutes a public use or public
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1 interest authorizing the vacation.
2 Nothing contained in this Section shall be construed to
3 authorize the board of any forest preserve district to vacate
4 any street, roadway, or driveway, or part thereof, that is
5 part of any State or county highway.
6 When property is damaged by the vacation or closing of
7 any street, roadway, or driveway, or part thereof, damage
8 shall be ascertained and paid as provided by law.
9 Except in cases where the deed, or other instrument
10 dedicating a street, roadway, or driveway, or part thereof,
11 has expressly provided for a specific devolution of the title
12 thereto upon the abandonment or vacation thereof, and except
13 where such street, roadway or driveway, or part thereof, is
14 held by the district by lease, or where the district holds an
15 easement in the land included within the street, roadway or
16 driveway, whenever any street, roadway, or driveway, or part
17 thereof is vacated under or by virtue of any ordinance of any
18 forest preserve district, the title to the land in fee simple
19 included within the street, roadway, or driveway, or part
20 thereof, so vacated vests in the forest preserve district.
21 The board of any forest preserve district is authorized
22 to sell at fair market price, gravel, sand, earth and any
23 other material obtained from the lands and waters owned by
24 the district.
25 For the purposes of this Section, "acquiring land"
26 includes acquiring a fee simple, lease or easement in land.
27 (Source: P.A. 91-384, eff. 7-30-99.)
28 (70 ILCS 805/6d) (from Ch. 96 1/2, par. 6311.2)
29 Sec. 6d. Trading parcels of land. The board of a forest
30 preserve district within a county which has a population of
31 no more than 500,000 360,000 may trade any one or more
32 parcels of land owned by the district for one or more parcels
33 of land owned by one or more individuals or any public or
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1 private entity whenever the board determines the trade to be
2 advantageous to the district. The board shall approve such
3 trade by unanimous vote of the members of the board. No trade
4 shall be approved by the board unless all parcels of land
5 involved in the trade have been appraised by an MAI appraiser
6 or a State certified real estate appraiser within one year
7 before the date the trade is to take effect.
8 (Source: P.A. 87-709; 88-503.)
9 (70 ILCS 805/6e)
10 Sec. 6e. Counties under 500,000 400,000; sales of land.
11 The board of a forest preserve district located in a county
12 that has a population of no more than 500,000 400,000 may
13 sell any one or more parcels of land owned by the district
14 that are less than one acre in size whenever the board
15 determines the sale to be advantageous to the district. The
16 board shall approve the sale by a two-thirds vote of the
17 members of the board then holding office. A sale may not be
18 approved by the board unless all parcels of land involved in
19 the sale have been appraised by an MAI appraiser or a
20 State-certified real estate appraiser within one year before
21 the date the sale is to take effect. The net proceeds of the
22 sale of any parcel of land under this Section shall be set
23 aside for the district's future land acquisitions and may not
24 be utilized for any other purpose.
25 (Source: P.A. 89-89, eff. 6-30-95; 89-654, eff. 8-14-96.)