HB4741 93RD GENERAL ASSEMBLY

LRB093 19049 SJM 44784 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4741

Introduced 02/04/04, by Julie Hamos

SYNOPSIS AS INTRODUCED:

35 ILCS 200/10-155

Amends the Property Tax Code. Provides that certain property valued as open space land must provide public access for educational, pleasure, and recreational purposes.

A BILL FOR

AN ACT concerning taxes.

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 Section 10-155 as follows:

(35 ILCS 200/10-155)

Sec. 10-155. Open space land; valuation. In all counties, in addition to valuation as otherwise permitted by law, land which is used for open space purposes and has been so used for the 3 years immediately preceding the year in which the assessment is made, upon application under Section 10-160, shall be valued on the basis of its fair cash value, estimated at the price it would bring at a fair, voluntary sale for use by the buyer for open space purposes.

Land is considered used for open space purposes if it is:

(1) more than 10 acres in area and conserves landscaped areas by being used as a public or private golf course; or

(2) is more than 10 acres in area, provides a regular opportunity for public access to the property for educational, pleasure, and recreational purposes, and:

(a) is actually and exclusively used for maintaining or enhancing natural or scenic resources,

(b) protects air or streams or water supplies,

(c) promotes conservation of soil, wetlands, beaches, or marshes, including ground cover or planted perennial grasses, trees and shrubs and other natural perennial growth, and including any body of water, whether man-made or natural,

(d) conserves landscaped areas, such as public or private golf courses,

(e) enhances the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or other open spaces, or

(f) preserves historic sites.

Land is not considered used for open space purposes if it is used primarily for residential purposes.

(Source: P.A. 88-455; 89-137, eff. 1-1-96.)