State of Illinois
91st General Assembly
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Public Act 91-0641

HB2698 Enrolled                                LRB9100308PTbd

    AN ACT to amend the Township Code.

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

    Section  5.   The  Township  Code  is amended by changing
Sections 115-5, 115-20, 115-30, 115-35, 115-40, and 115-55 as
follows:

    (60 ILCS 1/115-5)
    Sec.  115-5.  Definitions.   As  used  in  this  Article,
unless the context otherwise requires:
      "Board" means the township board in counties  having  a
population of more than 150,000 250,000.
    "Development  of  real  property" means the constructing,
installing,  planting  or  creating  of  any   permanent   or
temporary improvement of real property that has been acquired
for open space purposes.
      "Open  land" or "open space" means any space or area of
land  or  water  of  an  area  of  50  acres  or  more,   the
preservation  or  the  restriction  of  development or use of
which would (i)  maintain  or  enhance  the  conservation  of
natural  or scenic resources; (ii) protect natural streams or
water supply; (iii) promote conservation of soils, wet lands,
or shores; (iv) afford or enhance public  outdoor  recreation
opportunities;  (v)  preserve  flora  and  fauna,  geological
features,  historic  sites,  or other areas of educational or
scientific interest; (vi) enhance the value to the public  of
abutting  or  neighboring  highways,  parks,  or other public
lands; (vii) implement the plan of development adopted by the
planning commission of any municipality or county; or  (viii)
promote  orderly urban or suburban development. A township at
any time may release a specified parcel of land from an  open
space  plan and allow the development of the parcel to occur.
Once  development  (as  defined  in   Section   115-55)   has
commenced,   the   land  shall  no  longer  be  eligible  for
acquisition as open space or open land.
      "Open space plan" means the written plan adopted by the
board  to  implement  an  open  space  program  and  includes
properly adopted amendments or additions to the plan.
    "Open space program" means the acquisition of the fee  or
of  a  lesser right or interest in tracts of open land in the
township for open space purposes.
      "Open space purposes" includes (i) the preservation and
maintenance of open land, scenic roadways, and pathways; (ii)
the holding of real property described in clause (i), with or
without public  access,  for  the  education,  pleasure,  and
recreation  of  the  public  or  for other open space values;
(iii) the preservation of portions of that property in  their
natural  condition  and  the development of other portions of
that property; (iv) the management and use of  that  property
in  a  manner  and  with  restrictions  that  will  leave  it
unimpaired  for  the  benefit  of future generations; and (v)
otherwise promoting the conservation of the nature, flora and
fauna, natural environment,  and  natural  resources  of  the
township.
(Source: P.A. 85-1140; 88-62.)

    (60 ILCS 1/115-20)
    Sec. 115-20.  Referendum on recommended plan; petition.
    (a)  If  the  board recommends adoption of the open space
plan, or if a petition is filed by not less than  5%  or  50,
whichever  is  greater,  of  the  registered  voters  of  the
township (according to the voting registration records at the
time the petition is filed) recommending adoption of the open
space  plan,  then the Board, within 30 days of making of the
recommendation or the filing of the petition,  shall  file  a
petition  with  the  township  clerk, requesting the clerk to
submit to the voters of the township the question of  whether
the  township  shall adopt the open space plan and enter upon
an open space program, with the power to acquire open land by
purchase, condemnation (except townships in counties having a
population of more than 150,000 but not more  than  250,000),
or  otherwise  in  the  township  and with the power to issue
bonds for those purposes under  this  Article.  The  township
clerk  shall  certify that proposition to the proper election
officials, who shall submit the proposition to  the  township
voters at the next regular election.  The referendum shall be
conducted  and  notice  given  in accordance with the general
election law.
    (b)  The question submitted to the voters at the election
shall be in substantially the following form:
         Shall (name of township) adopt the open  space  plan
    considered at the public hearing on (date) and enter upon
    an  open space program, and shall the Township Board have
    the power (i) to acquire open land by  purchase,  (insert
    ", condemnation," if the township is in a county having a
    population  of  more than 250,000), or otherwise, (ii) to
    issue bonds for open space  purposes  in  an  amount  not
    exceeding  5% of the valuation of all taxable property in
    the township,  and  (iii)  to  levy  a  tax  to  pay  the
    principal  of and interest on those bonds, as provided in
    Article 115 of the Township Code?
The votes shall be recorded as "Yes" or "No".
    (c)  If a majority of the voters voting at  the  election
on  the  question vote in favor of the question, the township
shall thereafter adopt the open space plan recommended by the
board or by the petition of  the  registered  voters  of  the
township  and  shall  enter  upon an open space program under
this  Article.  If  the  proposition  does  not  receive  the
approval of a majority of the voters voting at  the  election
on  the  question,  no  proposition  may  be submitted to the
voters under this Section less than 23 months after the  date
of the election.
(Source: P.A. 85-1140; 88-62.)

    (60 ILCS 1/115-30)
    Sec.  115-30.  Property  within  municipality;  petition;
referendum.
    (a)  If  the  open  space  plan  recommended for adoption
under Section  115-20  contains  property  that  is  situated
within  the  corporate  boundaries  of  a  municipality,  the
corporate authorities of the municipality may, within 30 days
of  the  recommendation,  vote  to  authorize  the board of a
township in a county having a population of more than 250,000
to acquire by condemnation property that is  situated  within
the  municipality's  corporate  boundaries.  If the corporate
authorities of the municipality fail to act  within  that  30
day  period,  then  none of the property included in the open
space plan that is situated within the municipality shall  be
acquired  by  the  board by condemnation.  The municipality's
failure to act constitutes a denial of authority  to  acquire
that property by condemnation.
    (b)  If,   within   30   days  of  the  decision  of  the
municipality to  either  authorize  or  deny  the  board  the
authority  to  acquire by condemnation that property included
in the open space plan that is situated within the  corporate
boundaries  of the municipality, a petition is filed with the
township clerk, signed by not less than 15% of the registered
voters of  the  municipality  residing  within  the  township
(according to the voting registration records at the time the
petition  is  filed), requesting that the question of whether
the board shall be  granted  authority  to  acquire  property
within  its corporate boundaries by condemnation be submitted
to  the  voters  of  the  municipality  residing  within  the
township, then the  question  shall  be  submitted  to  those
voters in the form of a proposition. The petition shall state
the  public  question  to  be  submitted and contain a common
description of the territory in plain and nonlegal  language.
The  description shall describe the territory by reference to
streets, natural or artificial landmarks, addresses,  or  any
other  method  that would enable a voter signing the petition
to be informed of the territory proposed to be acquired.
    (c)  The township clerk shall certify the proposition  to
the   proper   election   officials,  who  shall  submit  the
proposition to the voters  of  the  municipality  who  reside
within  the  township.   The  referendum  shall appear on the
ballot at the same election as  the  referendum  required  in
Section  115-20.    Except  as  otherwise  provided  in  this
Section,  the  referendum shall be conducted and notice given
in accordance with the general  election  law.  The  question
submitted   to  the  voters  at  the  election  shall  be  in
substantially the following form:
         Shall the Township Board of (name of township  in  a
    county having a population of more than 250,000) have the
    authority  to  acquire  by condemnation open land that is
    situated within the  corporate  boundaries  of  (name  of
    municipality) for open space purposes?
The votes shall be recorded as "Yes" or "No".
    (d)  The  election  authority shall include on the ballot
the description of the territory proposed to be  acquired  as
set  forth  in  the  petition.   If  the  election  authority
determines that the description cannot be included within the
space limitations of the ballot, the election authority shall
prepare  large  printed  copies  of  a  notice  of the public
question that include the description.  The notice  shall  be
prominently  displayed  in the polling place of each precinct
in which the question is to be submitted.
    (e)  If a majority of the voters voting at  the  election
on the question vote in favor of the question, then the board
may acquire by condemnation open land that is situated within
the  corporate boundaries of the municipality and included in
the open space plan recommended for  adoption  under  Section
115-20.
    (f)  If  the corporate authorities of a municipality deny
the board the authority to acquire by  condemnation  property
that is situated within the municipality's boundaries and the
referendum  does  not  appear  on  the ballot at the election
specified in this Section, or if  the  proposition  fails  to
receive  the  vote  of a majority of the voters voting on the
question, then the board may  not  acquire  the  property  by
condemnation.
(Source: P.A. 85-1140; 88-62.)

    (60 ILCS 1/115-35)
    Sec.   115-35.  Property   contiguous   to  municipality;
petition; referendum.
    (a)  If the open  space  plan  recommended  for  adoption
under  Section 115-20 contains property that is contiguous to
the corporate boundaries of one or more  municipalities,  the
corporate  authorities  of  any  of those municipalities may,
within 30 days of the recommendation, vote to  authorize  the
board  of  a township in a county having a population of more
than 250,000 to acquire  by  condemnation  property  that  is
contiguous  to  the  municipality's corporate boundaries.  If
the corporate authorities  of  a  municipality  fail  to  act
within that 30 day period, then none of the property included
in  the  open space plan that is contiguous to a municipality
shall  be  acquired  by  the  board  by  condemnation.    The
municipality's   failure  to  act  constitutes  a  denial  of
authority to acquire that property by condemnation.
    (b)  If,  within  30  days  of  the   decision   of   the
municipality  to  either  authorize  or  deny  the  board the
authority to acquire by condemnation that  property  included
in  the  open  space plan that is contiguous to the corporate
boundaries of the municipality, a petition is filed with  the
township clerk, signed by not less than 15% of the registered
voters  of the township (according to the voting registration
records at the time the petition is filed),  requesting  that
the  question of whether the board shall be granted authority
to acquire property contiguous to the corporate boundaries of
the municipality by condemnation be submitted to  the  voters
of  the  township,  then  the  question shall be submitted to
those voters in the form of a proposition. The petition shall
state the public question  to  be  submitted  and  contain  a
common  description  of the territory proposed to be acquired
in  plain  and  nonlegal  language.   The  description  shall
describe the territory by reference to  streets,  natural  or
artificial  landmarks,  addresses,  or  any other method that
would enable a voter signing the petition to be  informed  of
the territory proposed to be acquired.
    (c)  The  township clerk shall certify the proposition to
the  proper  election  officials,  who   shall   submit   the
proposition  to  the  voters of the township.  The referendum
shall appear on the  ballot  at  the  same  election  as  the
referendum  required in Section 115-20.   Except as otherwise
provided in this Section, the referendum shall  be  conducted
and notice given in accordance with the general election law.
The question submitted to the voters at the election shall be
in substantially the following form:
         Shall  the  Township Board of (name of township in a
    county having a population of more than 250,000) have the
    authority to acquire by condemnation open  land  that  is
    contiguous  to  the  corporate  boundaries  of  (name  of
    municipality) for open space purposes?
The votes shall be recorded as "Yes" or "No".
    (d)  The  election  authority shall include on the ballot
the description of the territory proposed to be  acquired  as
set  forth  in  the  petition.   If  the  election  authority
determines that the description cannot be included within the
space limitations of the ballot, the election authority shall
prepare  large  printed  copies  of  a  notice  of the public
question that includes the description.  The notice shall  be
prominently  displayed  in the polling place of each precinct
in which the question is to be submitted.
    (e)  If a majority of the voters voting at  the  election
on the question vote in favor of the question, then the board
may  acquire  by condemnation open land that is contiguous to
the   corporate   boundaries   of   the    municipality    or
municipalities   and   included   in   the  open  space  plan
recommended for adoption under Section 115-20.
    (f)  If the corporate authorities of a municipality  deny
the  board  the authority to acquire by condemnation property
that is contiguous to the municipality's boundaries  and  the
referendum  does  not  appear  on  the ballot at the election
specified in this Section, or if  the  proposition  fails  to
receive  the  vote  of a majority of the voters voting on the
proposition, then the board may not acquire the  property  by
condemnation.
    (g)  For  purposes  of  this  Section, "contiguous" means
contiguous for purposes of annexation under Article 7 of  the
Illinois Municipal Code.
(Source: P.A. 85-1140; 88-62.)

    (60 ILCS 1/115-40)
    Sec.  115-40.  Later submission of proposition to include
property. If in a township in a county having a population of
more than 250,000 a parcel of  land  cannot  be  acquired  by
condemnation because it was not approved at an election under
either  Section  115-30  or  115-35, that parcel can again be
included in a proposition only  if  (i)  the  procedures  set
forth  in  Section  115-15  relating  to  amendments that add
property to existing open space plans have been followed  and
(ii)  not  less than 23 months have elapsed since the date of
the election at  which  the  voters  failed  to  approve  the
acquisition of the parcel by condemnation.
(Source: P.A. 85-1140; 88-62.)

    (60 ILCS 1/115-55)
    Sec.  115-55.  (a) The board may acquire by gift, legacy,
purchase,  condemnation  in  the  manner  provided  for   the
exercise  of the right of eminent domain under Article VII of
the Code of Civil Procedure and except as otherwise  provided
in this subsection, lease, agreement, or otherwise the fee or
any  lesser  right  or interest in real property that is open
land and may hold that property with or without public access
for open space, scenic roadway, pathway, outdoor  recreation,
or  other  conservation  benefits.  No  township  in a county
having a population of more than 150,000 but  not  more  than
250,000  has authority under this Article to acquire property
by  condemnation,  and  no  other  township,   however,   has
authority  under this Article to acquire by condemnation  (i)
property that is used for farming or  agricultural  purposes;
(ii) property that is situated within the corporate limits of
a  municipality  or  contiguous to one or more municipalities
unless approval to acquire the property  by  condemnation  is
obtained  under Section 115-30 or 115-35; (iii) property upon
which development has commenced; or (iv) property owned by  a
religious   organization,   church,   school,  or  charitable
organization  exempt  from  federal  taxation  under  Section
501(c)(3) of the Internal Revenue Code  of  1986  or  similar
provisions  of  any  successor law, or any other organization
controlled  by  or   affiliated   with   such   a   religious
organization, church, school, or charitable organization.
    (b)  For purposes of this Section:
         (1)  "Development"  of  property  is  deemed to have
    commenced if (i)  at least 30 days before the filing of a
    petition under  Section  115-10,  an  application  for  a
    preliminary  plan or preliminary planned unit development
    has been filed with the  applicable  governmental  entity
    or,  if  neither  is required, a building permit has been
    obtained at least 30 days before the filing of a petition
    under Section 115-10; (ii) mass grading of  the  property
    has  commenced; and (iii) within 180 days of the date the
    open space plan is recommended for approval by the  board
    under  Section  115-5  or by petition of the voters under
    Section 115-20, 115-30, or 115-35,  the  installation  of
    public improvements has commenced.
         (2)  "Contiguous"  means  contiguous for purposes of
    annexation under Article  7  of  the  Illinois  Municipal
    Code.
         (3)  Real  property  is  deemed  used for farming or
    agricultural purposes if it is more than 10 acres in area
    and devoted primarily to (i) the raising  and  harvesting
    of  crops,  (ii) the feeding, breeding, and management of
    livestock, (iii) dairying, or (iv) any other agricultural
    or horticultural use or combination of those  uses,  with
    the  intention  of securing substantial income from those
    activities,  and  has  been  so  used  for  the  3  years
    immediately  preceding  the  filing  of  a   condemnation
    action.   Real  property used for farming or agricultural
    purposes includes land  devoted  to  and  qualifying  for
    payments  or other compensation under a soil conservation
    program under an agreement with an agency of the  federal
    government  and also includes the construction and use of
    dwellings and other buildings customarily associated with
    farming and agricultural uses when associated with  those
    uses.
    (c)  If  a  township's  acquisitions  of  open  land,  or
interests  in open land when combined with other lands in the
township held for open space purposes by  other  governmental
entities,  equals  30%  of the total acreage of the township,
then the township may not acquire  additional  open  land  by
condemnation.
    (d)  Any parcel of land that is included in an open space
plan  adopted by a township that has not been acquired by the
township under this Section within 3 years, or within 2 years
with respect to existing open space programs, after the later
of (i) July 29, 1988, or (ii) the date of the passage of  the
referendum  may not thereafter be acquired by condemnation by
the township under this Section, except that if an action  in
condemnation  to  acquire  the  parcel  is  filed  under this
Section within that 3 year or 2 year period,  as  applicable,
the  parcel  may  be acquired by condemnation by the township
notwithstanding the fact that the condemnation action may not
be  concluded  within  the  3  year  or  2  year  period,  as
applicable.  Notwithstanding the foregoing, if  a  parcel  of
land  cannot be acquired by condemnation under subsection (a)
because of its use for farming or agricultural purposes,  the
3 year or 2 year period, as applicable, shall be tolled until
the date  the  parcel  ceases  to  be  used  for  farming  or
agricultural  purposes.   Notwithstanding  the foregoing, the
fee or any lesser right or interest in real property that  is
open  land may be acquired after the 3 year or 2 year period,
as applicable, by any means authorized under  subsection  (a)
other than condemnation.
(Source: P.A 85-1140; 86-1191; 88-62.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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