(740 ILCS 185/3.5) Sec. 3.5. Court-ordered determination of costs. The court, upon evaluating whether independent appraisals are necessary and appropriate in matters arising under Section 2.5 of this Act, may order up to 3 independent appraisals of stumpage value, and further order the development of a plan detailing remediation strategies and their estimated cost, in conformance with Section 2.6 of this Act. Appraisals of stumpage value must be conducted by a professional consulting forester, who is and has been practicing his or her profession for a minimum of 50% of his or her working hours for the previous 3 years. Remediation plans must be prepared in consultation with a professional forester or biologist experienced in ecosystem restoration following a timber harvest, and may be implemented by the landowner or the landowner's designee. The court shall determine which party will bear the expense of conducting the appraisals and developing the remediation plan. The court may request that the Director or his or her representative assist in securing independent appraisals and advise the court as to adequacy of costs and measures in the remediation plan. The court shall allow a plaintiff who prevails to recover the cost of expenses incurred.
(Source: P.A. 101-102, eff. 7-19-19.) |