Full Text of SB1651 101st General Assembly
SB1651sam001 101ST GENERAL ASSEMBLY | Sen. Thomas Cullerton Filed: 3/15/2019
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| 1 | | AMENDMENT TO SENATE BILL 1651
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1651 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Downstate Forest Preserve District Act is | 5 | | amended by changing Section 6 as follows:
| 6 | | (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
| 7 | | Sec. 6. Acquisition of property. Any such District shall | 8 | | have power to
acquire lands and grounds
for the aforesaid | 9 | | purposes by lease, or in fee simple by gift, grant, legacy,
| 10 | | purchase or condemnation, or to acquire easements in land, and | 11 | | to construct,
lay out, improve and maintain wells, power | 12 | | plants, comfort stations,
shelter houses, paths, driveways, | 13 | | public roads, roadways and other
improvements and facilities in | 14 | | and through such forest preserves as they
shall deem necessary | 15 | | or desirable for the use of such forest preserves by
the public | 16 | | and may acquire, develop, improve and maintain waterways in
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| 1 | | conjunction with the district. No district with a population | 2 | | less than
600,000 shall have the power to purchase, condemn, | 3 | | lease or acquire an
easement in property within a municipality | 4 | | without the concurrence of the
governing body of the | 5 | | municipality, except where such district is acquiring
land for | 6 | | a linear park or trail not to exceed 100 yards in width or is
| 7 | | acquiring land contiguous to an existing park or forest | 8 | | preserve, and no
municipality shall annex any land for the | 9 | | purpose of defeating a District
acquisition once the District | 10 | | has given notice of intent to acquire a
specified parcel of | 11 | | land. No district with a population of less than
500,000 shall | 12 | | (i) have the power
to condemn property for a linear park or | 13 | | trail within a municipality
without the concurrence of the
| 14 | | governing body of the municipality or (ii) have the power to
| 15 | | condemn property for a linear park or
trail in an | 16 | | unincorporated area without the concurrence of the governing
| 17 | | body of the township within which the property is located or | 18 | | (iii) once
having commenced a proceeding to acquire land by | 19 | | condemnation, dismiss or
abandon that proceeding without the | 20 | | consent of the property owners.
No district shall establish a | 21 | | trail surface within 50 feet of an occupied
dwelling which was | 22 | | in existence prior to the approval of the acquisition by
the | 23 | | district without obtaining permission of the owners of the | 24 | | premises or
the concurrence of the governing body of the | 25 | | municipality or township within
which the property is located. | 26 | | All acquisitions of land by a district with a
population less |
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| 1 | | than 600,000
within 1 1/2 miles of a municipality shall be | 2 | | preceded by a conference with
the mayor or president of the | 3 | | municipality or his designated agent. If a
forest preserve | 4 | | district is in negotiations for acquisition of land with
owners | 5 | | of land adjacent to a municipality, the annexation of that land
| 6 | | shall be deferred for 6 months. The district shall have no | 7 | | power to acquire
an interest in real estate situated outside | 8 | | the district by the exercise of
the right of eminent domain, by | 9 | | purchase or by lease, but shall have the
power to acquire any | 10 | | such property, or an easement in any such property,
which is | 11 | | contiguous to the district by gift, legacy, grant, or lease
by | 12 | | the State of Illinois, subject to
approval of the county board | 13 | | of the county, and of any forest preserve
district or | 14 | | conservation district, within which the property is located.
| 15 | | The district shall have the same control of and power over | 16 | | land, an
interest in which it has so acquired, as over forest | 17 | | preserves within the
district. If any of the powers to acquire | 18 | | lands and hold
or improve the same given to Forest Preserve | 19 | | Districts, by Sections 5
and 6 of this Act should be held | 20 | | invalid, such invalidity shall not
invalidate the remainder of | 21 | | this Act or any of the other powers herein
given and conferred | 22 | | upon the Forest Preserve Districts. Such Forest
Preserve | 23 | | Districts shall also have power to lease not to exceed 40 acres
| 24 | | of the lands and grounds acquired by it, for a term of not more | 25 | | than 99
years to veterans' organizations as grounds for | 26 | | convalescing sick veterans and veterans with disabilities, and |
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| 1 | | as a place upon which to construct rehabilitation
quarters, or | 2 | | to a county as grounds for a county nursing home or
| 3 | | convalescent home. Any such Forest Preserve District shall also | 4 | | have
power to grant licenses, easements and rights-of-way for | 5 | | the
construction, operation and maintenance upon, under or | 6 | | across any
property of such District of facilities for water, | 7 | | sewage, telephone,
telegraph, electric, gas , renewable energy, | 8 | | or other public service, subject to such terms
and conditions | 9 | | as may be determined by such District.
| 10 | | Any such District may purchase, but not condemn, a parcel | 11 | | of land and sell a
portion thereof for not less than fair | 12 | | market value pursuant to resolution
of the Board. Such | 13 | | resolution shall
be passed by the affirmative vote of at least | 14 | | 2/3 of all members of the
board within 30 days after | 15 | | acquisition by the district of such parcel.
| 16 | | The corporate authorities of a forest preserve district | 17 | | that (i) is located in a county that has more than 700,000 | 18 | | inhabitants, (ii) borders a county that has 1,000,000 or more | 19 | | inhabitants, and (iii) also borders another state, by ordinance | 20 | | or resolution, may authorize the sale or public auction of a | 21 | | structure located on land owned by the district if (i) the | 22 | | structure existed on the land prior to the district's | 23 | | acquisition of the land, (ii) two-thirds of the members of the | 24 | | board of commissioners then holding office find that the | 25 | | structure is not necessary or is not useful to or for the best | 26 | | interest of the forest preserve district, (iii) a condition of |
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| 1 | | sale or auction requires the transferee of the structure to | 2 | | remove the structure from district land, and (iv) prior to the | 3 | | sale or auction, the fair market value of the structure is | 4 | | determined by a written MAI-certified appraisal or by a written | 5 | | certified appraisal of a State certified or licensed real | 6 | | estate appraiser and the appraisal is available for public | 7 | | inspection. The ordinance or resolution shall (i) direct the | 8 | | sale to be conducted by the staff of the district, a listing | 9 | | with local licensed real estate agencies (in which case the | 10 | | terms of the agent's compensation shall be included in the | 11 | | ordinance or resolution), or by public auction, (ii) be | 12 | | published within 7 days after its passage in a newspaper | 13 | | published in the district, and (iii) contain pertinent | 14 | | information concerning the nature of the structure and any | 15 | | terms or conditions of sale or auction. No earlier than 14 days | 16 | | after the publication, the corporate authorities may accept any | 17 | | offer for the structure determined by them to be in the best | 18 | | interest of the district by a vote of two-thirds of the | 19 | | corporate authorities then holding office. | 20 | | Whenever the board of any forest preserve district | 21 | | determines that
the public interest will be subserved by | 22 | | vacating any street, roadway,
or driveway, or part thereof, | 23 | | located within a forest preserve, it may
vacate that street, | 24 | | roadway, or driveway, or part thereof, by an
ordinance passed | 25 | | by the affirmative vote of at least 3/4 of
all the members of | 26 | | the board, except that the affirmative vote of at least
6/7 of |
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| 1 | | all the members of the board is required if the board members | 2 | | are
elected under Section 3c of this Act. This vote shall be | 3 | | taken by ayes and
nays and entered in the records of the board.
| 4 | | The determination of the board that the nature and extent | 5 | | of the
public use or public interest to be subserved is such as | 6 | | to warrant the
vacation of any street, roadway, or driveway, or | 7 | | part thereof, is
conclusive, and the passage of such an | 8 | | ordinance is sufficient evidence
of that determination, | 9 | | whether so recited in the ordinance or not. The
relief to the | 10 | | public from further burden and responsibility of
maintaining | 11 | | any street, roadway or driveway, or part thereof,
constitutes a | 12 | | public use or public interest authorizing the vacation.
| 13 | | Nothing contained in this Section shall be construed to | 14 | | authorize the
board of any forest preserve district to vacate | 15 | | any street, roadway, or
driveway, or part thereof, that is part | 16 | | of any State or county highway.
| 17 | | When property is damaged by the vacation or closing of any | 18 | | street,
roadway, or driveway, or part thereof, damage shall be | 19 | | ascertained and
paid as provided by law.
| 20 | | Except in cases where the deed, or other instrument | 21 | | dedicating a
street, roadway, or driveway, or part thereof, has | 22 | | expressly provided
for a specific devolution of the title | 23 | | thereto upon the abandonment or
vacation thereof, and except | 24 | | where such street, roadway or driveway, or
part thereof, is | 25 | | held by the district by lease, or where the district holds
an | 26 | | easement in the land included within the street, roadway or |
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| 1 | | driveway,
whenever any street, roadway, or driveway, or part
| 2 | | thereof is vacated under or by virtue of any ordinance of any | 3 | | forest
preserve district, the title to the land in fee simple | 4 | | included within
the street, roadway, or driveway, or part | 5 | | thereof, so vacated vests in
the forest preserve district.
| 6 | | The board of any forest preserve district is authorized to | 7 | | sell at
fair market price, gravel, sand, earth and any other | 8 | | material obtained
from the lands and waters owned by the | 9 | | district.
| 10 | | For the purposes of this Section, "acquiring land" includes | 11 | | acquiring a
fee simple, lease or easement in land.
| 12 | | (Source: P.A. 99-143, eff. 7-27-15.)".
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