Full Text of SB1499 98th General Assembly
SB1499enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cook County Forest Preserve District Act is | 5 | | amended by changing Sections 7, 8, and 8.1 as follows:
| 6 | | (70 ILCS 810/7) (from Ch. 96 1/2, par. 6410)
| 7 | | Sec. 7.
Any forest preserve district shall
have the power | 8 | | to create forest preserves, and for that purpose shall
have the | 9 | | power to acquire in fee simple or by easements in land, in the | 10 | | manner hereinafter
provided, and hold lands containing one or | 11 | | more natural forests or parts
thereof or land or lands | 12 | | connecting such forests or parts thereof, or
lands capable of | 13 | | being forested, for the purpose of protecting and
preserving | 14 | | the flora, fauna, and scenic beauties within such district,
and | 15 | | to restore, restock, protect and preserve the natural forests | 16 | | and
such lands together with their flora and fauna, as nearly | 17 | | as may be, in
their natural state and condition, for the | 18 | | purpose of the education,
pleasure, and recreation of the | 19 | | public. Lands may be acquired in fee
simple or by easements in | 20 | | land for the consolidation of such preserves into unit areas of | 21 | | size
and form convenient and desirable for public use and | 22 | | economical
maintenance and improvement and when in the judgment | 23 | | of the Board the
public access, use, and enjoyment of such |
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| 1 | | preserves and other purposes
of this Act will be served by | 2 | | connecting any such preserves with
forested ways or links, | 3 | | lands for connecting links of such width,
length, and location | 4 | | as the Board deem necessary or desirable may be
acquired in fee | 5 | | simple or by easements in land and held for such purposes and | 6 | | improved by
forestation, roads, and pathways. Any such district | 7 | | may also acquire
lands in fee simple or by easements in land | 8 | | along or enclosing water courses, drainage ways,
lakes, ponds, | 9 | | planned impoundments or elsewhere which, in the judgment
of its | 10 | | Board are required to store flood waters, or control other
| 11 | | drainage and water conditions, or to recycle secondary treated | 12 | | sewage effluents
or wastewater through the production and sale | 13 | | of agricultural,
silvicultural or aquacultural products, | 14 | | necessary for the preservation
and management of the water | 15 | | resources of the district, provided no
debris, tree, tree | 16 | | limbs, logs, shrubbery, or related growths and
trimmings | 17 | | therefrom shall be deposited in, along, or upon the bank of
any | 18 | | waters and water courses within the State of Illinois or any
| 19 | | tributary thereto where the same shall be liable to be washed | 20 | | into or
deposited along waters and water courses, either by | 21 | | normal or flood
flows, as a result of storms or otherwise, | 22 | | which may in any manner
impede or obstruct the natural flow of | 23 | | such waters and water courses.
Unforested lands adjacent to | 24 | | forest preserves may also be acquired in
fee simple or by | 25 | | easements in land to provide for extension of roads and | 26 | | forested ways around
and by such preserves and for parking |
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| 1 | | space for automobiles and other
facilities not requiring | 2 | | forested areas but incidental to the use and
protection | 3 | | thereof. All work done in or along any water course shall be
| 4 | | done in accordance with the provisions of "An Act in relation | 5 | | to the
regulation of the rivers, lakes, and streams of the | 6 | | State of Illinois,"
approved June 10, 1911, as heretofore and | 7 | | hereafter amended, insofar as
such Act may be applicable.
| 8 | | (Source: P.A. 80-320.)
| 9 | | (70 ILCS 810/8) (from Ch. 96 1/2, par. 6411)
| 10 | | Sec. 8.
Any forest preserve district shall have power to | 11 | | acquire easements in land, lands
in fee simple and grounds | 12 | | within such district for the aforesaid purposes by
gift, grant, | 13 | | legacy, purchase or condemnation and to construct, lay out,
| 14 | | improve and maintain wells, power plants, comfort stations, | 15 | | shelter
houses, paths, driveways, roadways and other | 16 | | improvements and facilities
in and through such forest | 17 | | preserves as it shall deem necessary or
desirable for the use | 18 | | of such forest preserves by the public. Such forest
preserve | 19 | | districts shall also have power to lease not to exceed 40 acres | 20 | | of the
lands and grounds acquired by it, for a term of not more | 21 | | than 99 years
to veterans' organizations as grounds for | 22 | | convalescing sick and disabled
veterans, and as a place upon | 23 | | which to construct rehabilitation
quarters, or to a county as | 24 | | grounds for a county nursing home or
convalescent home. Any | 25 | | such forest preserve district shall also have
power to grant |
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| 1 | | licenses, easements and rights-of-way for the
construction, | 2 | | operation and maintenance upon, under or across any
property of | 3 | | such district of facilities for water, sewage, telephone,
| 4 | | telegraph, electric, gas or other public service, subject to | 5 | | such terms
and conditions as may be determined by such | 6 | | district.
| 7 | | Whenever the board determines that
the public interest will | 8 | | be subserved by vacating any street, roadway,
or driveway, or | 9 | | part thereof, located within a forest preserve, it may
vacate | 10 | | that street, roadway, or driveway, or part thereof, by an
| 11 | | ordinance passed by the affirmative vote of at least 3/4 of
all | 12 | | the members of the board.
| 13 | | The determination of the board that the nature and extent | 14 | | of the
public use or public interest to be subserved is such as | 15 | | to warrant the
vacation of any street, roadway, or driveway, or | 16 | | part thereof, is
conclusive, and the passage of such an | 17 | | ordinance is sufficient evidence
of that determination, | 18 | | whether so recited in the ordinance or not. The
relief to the | 19 | | public from further burden and responsibility of
maintaining | 20 | | any street, roadway or driveway, or part thereof,
constitutes a | 21 | | public use or public interest authorizing the vacation.
| 22 | | Nothing contained in this Section shall be construed to | 23 | | authorize the
board to vacate any street, roadway, or
driveway, | 24 | | or part thereof, that is part of any State or county highway.
| 25 | | When property is damaged by the vacation or closing of any | 26 | | street,
roadway, or driveway, or part thereof, damage shall be |
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| 1 | | ascertained and
paid as provided by law.
| 2 | | Except in cases where the deed, or other instrument | 3 | | dedicating a
street, roadway, or driveway, or part thereof, has | 4 | | expressly provided
for a specific devolution of the title | 5 | | thereto upon the abandonment or
vacation thereof, whenever any | 6 | | street, roadway, or driveway, or part
thereof is vacated under | 7 | | or by virtue of any ordinance of any forest
preserve district, | 8 | | the title to the land in fee simple included within
the street, | 9 | | roadway, or driveway, or part thereof, so vacated vests in
the | 10 | | forest preserve district.
| 11 | | The board of any forest preserve district is authorized to | 12 | | sell at
fair market price, gravel, sand, earth and any other | 13 | | material obtained
from the lands and waters owned by the | 14 | | district.
| 15 | | (Source: P.A. 83-388.)
| 16 | | (70 ILCS 810/8.1) (from Ch. 96 1/2, par. 6411.1)
| 17 | | Sec. 8.1.
Property owned by a forest preserve district and | 18 | | property in which a forest preserve district is the grantee of | 19 | | a conservation easement or grantee of a conservation right as | 20 | | defined in Section 1(a) of the Real Property Conservation | 21 | | Rights Act shall not be subject
to eminent domain or | 22 | | condemnation proceedings.
| 23 | | (Source: P.A. 80-1443.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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