State of Illinois
91st General Assembly
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Public Act 91-0497

HB1688 Enrolled                                LRB9104018KSmg

    AN ACT concerned with property conservation rights.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Property Tax Code is amended by changing
Sections 9-145 and 22-70 as follows:

    (35 ILCS 200/9-145)
    Sec. 9-145.  Statutory level of  assessment.   Except  in
counties  with  more  than 200,000 inhabitants which classify
property for purposes of taxation, property shall  be  valued
as follows:
         (a)  Each  tract  or lot of property shall be valued
    at 33 1/3% of its fair cash value.
         (b)  Each taxable leasehold estate shall  be  valued
    at 33 1/3% of its fair cash value.
         (c)  Each  building or structure which is located on
    the right of way of any canal, railroad or other  company
    leased or granted to another company or person for a term
    of  years,  shall  be  valued at 33 1/3% of its fair cash
    value.
         (d)  Any property on which there is a coal or  other
    mine,  or  stone  or  other quarry, shall be valued at 33
    1/3%  of  its  fair  cash  value.   Oil,  gas  and  other
    minerals, except coal, shall have value and  be  assessed
    separately at 33 1/3% of the fair cash value of such oil,
    gas   and   other   minerals.   Coal  shall  be  assessed
    separately at 33 1/3% of the coal reserve economic value,
    as provided in Sections 10-170 through 10-200.
         (e)  In the assessment  of  property  encumbered  by
    public  easement,  any  depreciation  occasioned  by such
    easement shall be  deducted  in  the  valuation  of  such
    property.  Any property dedicated as a nature preserve or
    as  a  nature  preserve buffer under the Illinois Natural
    Areas  Preservation  Act,  for  the  purposes   of   this
    paragraph,  is  encumbered by a public easement and shall
    be depreciated for assessment  purposes  to  a  level  at
    which  its  valuation  shall  be  $1  per acre or portion
    thereof.
    This Section is  subject  to  and  modified  by  Sections
10-110 through 10-140 and 11-5 through 11-65.
(Source: P.A. 84-1343; 88-455.)

    (35 ILCS 200/22-70)
    Sec.  22-70.  Easements  and  covenants  running with the
land.  A tax deed issued with respect to  any  property  sold
under   this   Code   shall  not  extinguish  or  affect  any
conservation right, easement, covenant running with the  land
or right-of-way for water, sewer, electricity, gas, telephone
or  other  public  service  use which was created, on or over
that real property before the time  that  property  was  sold
under  this  Code and which is evidenced either by a recorded
instrument or by wires,  poles,  pipes,  equipment  or  other
public  service facilities.  When the property described in a
tax deed issued under this Code is a dominant or  a  servient
tenement  with  respect to any private easement or easements,
created in good faith expressly or by operation  of  law  for
the benefit of a dominant tenement or tenements, with respect
to the easement or easements the tax deed shall have the same
effect  as  a  deed  of  conveyance  made by the owner of the
property to the tax deed grantee, just prior to the  issuance
of the deed.
    This  Section  does not apply to tax deeds issued because
the owner of any easement, covenant running with the land  or
right-of-way  has  failed to pay taxes or special assessments
assessed for that easement, covenant running with the land or
right-of-way.
(Source: Laws 1967, p. 2744; P.A. 88-455.)

    Section 10.  The Code of Civil Procedure  is  amended  by
changing Section 7-101 as follows:

    (735 ILCS 5/7-101) (from Ch. 110, par. 7-101)
    Sec. 7-101.  Compensation - Jury.  Private property shall
not   be  taken  or  damaged  for  public  use  without  just
compensation, and in all cases in which compensation  is  not
made  by  the state in its corporate capacity, or a political
subdivision of the state, or municipality in  its  respective
corporate capacity, such compensation shall be ascertained by
a  jury,  as hereinafter prescribed. Where compensation is so
made by the state, a political subdivision of the  state,  or
municipality,  any party upon application may have a trial by
jury to ascertain the just  compensation  to  be  paid.  Such
demand  on  the part of the state, a political subdivision of
the state, or municipality, shall be filed with the complaint
for condemnation of the state, a political subdivision of the
state,  or  municipality.  Where  the  state,   a   political
subdivision  of  the  state,  or municipality is plaintiff, a
defendant desirous of a trial by  jury  must  file  a  demand
therefor  on  or before the return date of the summons served
on him or  her  or  fixed  in  the  publication  in  case  of
defendants  served  by  publication. In the event no party in
the condemnation action demands a trial by jury  as  provided
for by this Section, then the trial shall be before the court
without a jury. The right to just compensation as provided in
this  Article  applies to the owner or owners of any lawfully
erected  off-premises  outdoor  advertising  sign   that   is
compelled  to be altered or removed under this Article or any
other statute, or under any ordinance or  regulation  of  any
municipality  or  other  unit  of  local government, and also
applies to the owner or owners of the property on which  that
sign  is  erected. The right to just compensation as provided
in this Article applies to property subject to a conservation
right under the Real Property Conservation  Rights  Act.  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. The holder of the conservation right
shall be entitled to just compensation for the value  of  the
conservation right.
(Source: P.A. 87-1205.)

    Section 15.  The Real Property Conservation Rights Act is
amended by changing Sections 1, 2, and 4 as follows:

    (765 ILCS 120/1) (from Ch. 30, par. 401)
    Sec.  1.   (a)  A  conservation right is a right, whether
stated in the form of a restriction,  easement,  covenant  or
condition,  or,  without limitation, in any other form in any
deed, will, plat, or without limitation any other  instrument
executed  by  or  on  behalf  of  the owner of land or in any
condemnation order  of  taking,  appropriate  to  preserving:
(i)  the    significant   physical   character   and   visual
characteristics   of   structures    having    architectural,
historical,   or  cultural  significance,  together  with any
associated real property, whether or not  improved;  or  (ii)
land  or  water areas predominantly in their natural, scenic,
open or wooded condition, or as suitable  habitat  for  fish,
plants,    or    wildlife;   or   (iii)  the   integrity   of
archaeological sites and the artifacts or  information  which
they  may  contain pending properly supervised excavation and
investigation.   Without  limiting  the  generality  of   the
foregoing,   the   instrument   conveying   or   reserving  a
conservation right may, with respect to either the grantor or
grantee, require, prohibit, condition, limit or  control  any
or all of the following:
    (1)  access or public visitation;
    (2)  affirmative   acts   of   alteration,   restoration,
rehabilitation,     repair,    maintenance,    investigation,
documentation, payment of taxes, or  compliance  with  public
law and regulations;
    (3)  conditions    of    operation,   use,   restoration,
alteration, repair or maintenance;
    (4)  acts detrimental to the preservation of a place;
    (5)  the  construction,  placement,  maintenance   in   a
particular condition, alteration, or removal of roads, signs,
billboards   or   other   advertising,   utilities  or  other
structures on or above the ground;
    (6)  the dumping or placing of soil or other substance or
material as landfill, or dumping or placing of  trash,  waste
or other materials;
    (7)  the  excavation,  dredging or removal of loam, peat,
gravel, soil, rock or other material substance in such manner
as to affect the surface or to otherwise alter the topography
of the area;
    (8)  the removal or destruction of trees, shrubs or other
vegetation;
    (9)  surface use inconsistent with preservation of  water
or land areas, or the improvement or appurtenance thereto;
    (10)  activities affecting drainage, flood control, water
conservation,  erosion  control or soil conservation, or fish
and wildlife habitat preservation; or
    (11)  any other acts  or  uses  having  relation  to  the
preservation  of structures, sites and water or land areas or
the improvements or appurtenances thereto.
    (b)  A conservation right shall be  taken  to  include  a
preservation  restriction  as that term is defined in Section
11-48.2-1A of  the  "Illinois  Municipal  Code",  as  now  or
hereafter  amended, and shall not be unenforceable on account
of lack of privity of estate or contract or lack  of  benefit
to  particular  land  or  on  account  of  the  benefit being
assigned  or  assignable.   Conservation  rights   shall   be
construed  and  enforced  in accordance with their terms, and
shall be transferable and transferred, recorded and  indexed,
in  the same manner as fee simple interests in real property,
subject only to the limitations provided herein.
    Conservation rights may be released by the holder of such
rights to the holder of the fee even though the holder of the
fee may not be an agency  of  the  State,  a  unit  of  local
government or a not-for-profit corporation or trust.
    The  holder  of a grant pursuant to this Act shall not be
required to record any instrument subsequent to the recording
of the grant in order to maintain or continue the validity of
the grant.
    The holder of such rights  shall  also  be  permitted  to
transfer  or assign such rights but only to another agency of
the State, a unit of local government or to a  not-for-profit
corporation or trust.
(Source: P.A. 80-584.)

    (765 ILCS 120/2) (from Ch. 30, par. 402)
    Sec.  2.  Any  owner  of  real property in this State may
convey a conservation right in  such  real  property  to  the
United  States  or  any  agency  of the federal government an
agency of the State, to a unit of local government, or  to  a
not-for-profit  corporation  or  trust whose primary purposes
include the conservation of land, natural areas,  open  space
or  water  areas,  or  the  preservation  of native plants or
animals, or biotic communities, or geographic  formations  of
scientific,   aesthetic,  or  educational  interest,  or  the
preservation of buildings, structures or sites of historical,
architectural, archeological or cultural significance.
    No conveyance of  such  conservation  rights  shall  take
effect  until  such  conveyance  is  accepted by the grantee.
Acceptance of such conservation  rights  may  be  conditioned
upon any requirements which are deemed proper by the grantee.
Such  requirements  may  include  the payment of funds by the
grantor to provide for the management  of  such  conservation
rights.
(Source: P.A. 80-584.)

    (765 ILCS 120/4) (from Ch. 30, par. 404)
    Sec.  4.   A  conservation right created pursuant to this
Act may be enforced in an action seeking  injunctive  relief,
specific  performance, or damages in the circuit court of the
county in which the area, place, building, structure or  site
is located by any of the following:
    (a)  the  United  States  or  any  agency  of the federal
government, the State of  Illinois,  or  any  unit  of  local
government;
    (b)  any  not-for-profit  corporation or trust which owns
the conservation right;
    (c)  the owner of any real property  abutting  or  within
500  feet  of  the  real property subject to the conservation
right.  Any owner of property subject to a conservation right
who wilfully violates any term  of  such  conservation  right
may,  in  the court's discretion, be held liable for punitive
damages in an amount equal to the value of the real  property
subject thereto.
(Source: P.A. 80-584.)

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