99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
Introduced , by Rep. Litesa E. Wallace
SYNOPSIS AS INTRODUCED:
740 ILCS 185/1
from Ch. 96 1/2, par. 9401
740 ILCS 185/2
from Ch. 96 1/2, par. 9402
740 ILCS 185/2.5 new
740 ILCS 185/2.6 new
740 ILCS 185/3
from Ch. 96 1/2, par. 9403
Amends the Wrongful Tree Cutting Act. Defines "land with a primary
purpose of preservation or conservation". Provides that any party found to
have intentionally cut or knowingly caused to be cut any timber or tree on
land with a primary purpose of preservation or conservation that he or she
did not have the legal right to cut or caused to be cut must pay the owner
of the timber or tree 3 times stumpage value plus all remediation costs.
Provides that nothing in the Act limits the rights provided under other law
of an owner of land with a primary purpose of preservation or conservation.
Provides that the court may not use the diminution of market value in
determining damages. Provides that the court shall allow a plaintiff who
prevails to recover the cost of expenses incurred. Makes other changes.
A BILL FOR
|HB5577||LRB099 19255 HEP 43647 b|
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Wrongful Tree Cutting Act is amended by
changing Sections 1, 2, and 3 and by adding Sections 2.5 and
2.6 as follows:
(740 ILCS 185/1)
(from Ch. 96 1/2, par. 9401)
As used in this Act, unless the context otherwise
(a) "Stumpage" means standing tree.
(b) "Department" means the Department of Natural
(c) "Director" means the Director of Natural Resources.
(d) "Party" means any person, partnership, firm,
trust or corporation.
(e) "Land with a primary purpose of preservation or
conservation" means land in public or private ownership which
is primarily used: (i) in a manner and under limitations
consistent with its continued preservation without impairment,
disturbance, or artificial development, and (ii) for
conservation purposes such as wildlife habitat, erosion
control, energy conservation, natural community restoration,
general reforestation, and research.