Illinois General Assembly - Illinois Compiled Statutes

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765 ILCS 120/4

(765 ILCS 120/4) (from Ch. 30, par. 404)

Sec. 4.

A conservation right created pursuant to this Act may be enforced
in an action seeking injunctive relief, specific performance, or damages
in the circuit court of the county in which the area, place, building, structure
or site is located by any of the following:

(a) the United States or any agency of the federal

government, the State of Illinois, or any unit of local government;

(b) any not-for-profit corporation or trust which

owns the conservation right;

(c) the owner of any real property abutting or within

500 feet of the real property subject to the conservation right.  Any owner of property subject to a conservation right who wilfully violates any term of such conservation right may, in the court's discretion, be held liable for punitive damages in an amount equal to the value of the real property subject thereto.

An action to enforce a conservation right may also be brought by any party entitled to enforce the conservation right under this Section against a nonowner who is violating the terms of the conservation right.

If the holder of a conservation right reasonably determines that there is a violation of the right, the holder of the conservation right may record a notice of violation against the property for which the conservation right applies.

(Source: P.A. 101-142, eff. 7-26-19.)