State of Illinois
91st General Assembly

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HB1960 Enrolled                                LRB9103232MWpk

 1        AN ACT to amend the Downstate  Forest  Preserve  District
 2    Act by changing Section 6.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Downstate Forest Preserve District Act is
 6    amended by changing Section 6 as follows:

 7        (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
 8        Sec. 6. Acquisition of property. Any such District  shall
 9    have  power  to  acquire  lands and grounds for the aforesaid
10    purposes by lease, or in fee simple by gift,  grant,  legacy,
11    purchase  or  condemnation,  or to acquire easements in land,
12    and to construct, lay out, improve and maintain wells,  power
13    plants,  comfort  stations, shelter houses, paths, driveways,
14    public roads, roadways and other improvements and  facilities
15    in  and  through  such  forest  preserves  as they shall deem
16    necessary or desirable for the use of such  forest  preserves
17    by  the public and may acquire, develop, improve and maintain
18    waterways in conjunction with the district. No district  with
19    a  population  less  than  600,000  shall  have  the power to
20    purchase, condemn, lease or acquire an easement  in  property
21    within   a   municipality  without  the  concurrence  of  the
22    governing  body  of  the  municipality,  except  where   such
23    district  is acquiring land for a linear park or trail not to
24    exceed 100 yards in width or is acquiring land contiguous  to
25    an  existing  park  or  forest preserve,  and no municipality
26    shall annex any land for the purpose of defeating a  District
27    acquisition  once  the District has given notice of intent to
28    acquire a specified parcel  of  land.   No  district  with  a
29    population  of  less than 500,000 shall (i) have the power to
30    condemn  property  for  a  linear  park  or  trail  within  a
31    municipality without the concurrence of the governing body of
HB1960 Enrolled             -2-                LRB9103232MWpk
 1    the municipality or (ii) have the power to  condemn  property
 2    for  a linear park or trail in an unincorporated area without
 3    the concurrence of the governing body of the township  within
 4    which  the property is located or (iii) once having commenced
 5    a proceeding to acquire  land  by  condemnation,  dismiss  or
 6    abandon  that  proceeding without the consent of the property
 7    owners. No district shall establish a trail surface within 50
 8    feet of an occupied dwelling which was in existence prior  to
 9    the  approval  of  the  acquisition  by  the district without
10    obtaining permission of the owners of  the  premises  or  the
11    concurrence  of  the  governing  body  of the municipality or
12    township  within  which  the  property  is  located.      All
13    acquisitions  of  land  by  a district with a population less
14    than 600,000 within 1 1/2 miles of a  municipality  shall  be
15    preceded  by  a conference with the mayor or president of the
16    municipality or his designated agent.  If a  forest  preserve
17    district  is  in  negotiations  for  acquisition of land with
18    owners of land adjacent to a municipality, the annexation  of
19    that  land shall be deferred for 6 months. The district shall
20    have no power to acquire an interest in real estate  situated
21    outside  the district by the exercise of the right of eminent
22    domain, by purchase or by lease, but shall have the power  to
23    acquire  any  such  property,  or  an  easement  in  any such
24    property, which  is  contiguous  to  the  district  by  gift,
25    legacy,  or grant, or lease by the State of Illinois, subject
26    to approval of the county board of the  county,  and  of  any
27    forest  preserve  district  or  conservation district, within
28    which the property is located.  The district shall  have  the
29    same  control of and power over land, an interest in which it
30    has  so  acquired,  as  over  forest  preserves  within   the
31    district.  If  any of the powers to acquire lands and hold or
32    improve the same  given  to  Forest  Preserve  Districts,  by
33    Sections  5  and  6  of this Act should be held invalid, such
34    invalidity shall not invalidate the remainder of this Act  or
HB1960 Enrolled             -3-                LRB9103232MWpk
 1    any  of  the other powers herein given and conferred upon the
 2    Forest Preserve Districts.  Such  Forest  Preserve  Districts
 3    shall  also have power to lease not to exceed 40 acres of the
 4    lands and grounds acquired by it, for a term of not more than
 5    99  years  to  veterans'   organizations   as   grounds   for
 6    convalescing  sick and disabled veterans, and as a place upon
 7    which to construct rehabilitation quarters, or to a county as
 8    grounds for a county nursing home or convalescent  home.  Any
 9    such  Forest Preserve District shall also have power to grant
10    licenses, easements and rights-of-way for  the  construction,
11    operation  and maintenance upon, under or across any property
12    of such District of facilities for water, sewage,  telephone,
13    telegraph,  electric, gas or other public service, subject to
14    such terms and  conditions  as  may  be  determined  by  such
15    District.
16        Any such District may purchase, but not condemn, a parcel
17    of  land  and  sell  a portion thereof for not less than fair
18    market value pursuant  to  resolution  of  the  Board.   Such
19    resolution  shall  be  passed  by  the affirmative vote of at
20    least 2/3 of all members of the board within  30  days  after
21    acquisition by the district of such parcel.
22        Whenever  the  board  of  any  forest  preserve  district
23    determines  that  the  public  interest  will be subserved by
24    vacating any street, roadway, or driveway, or  part  thereof,
25    located  within a forest preserve, it may vacate that street,
26    roadway, or driveway, or part thereof, by an ordinance passed
27    by the affirmative vote of at least 3/4 of all the members of
28    the board. This vote shall be taken  by  ayes  and  nays  and
29    entered in the records of the board.
30        The determination of the board that the nature and extent
31    of  the public use or public interest to be subserved is such
32    as to  warrant  the  vacation  of  any  street,  roadway,  or
33    driveway,  or part thereof, is conclusive, and the passage of
34    such  an   ordinance   is   sufficient   evidence   of   that
HB1960 Enrolled             -4-                LRB9103232MWpk
 1    determination,  whether  so  recited in the ordinance or not.
 2    The  relief  to  the   public   from   further   burden   and
 3    responsibility   of   maintaining   any  street,  roadway  or
 4    driveway, or part thereof, constitutes a public use or public
 5    interest authorizing the vacation.
 6        Nothing contained in this Section shall be  construed  to
 7    authorize the board of any forest preserve district to vacate
 8    any  street,  roadway,  or driveway, or part thereof, that is
 9    part of any State or county highway.
10        When property is damaged by the vacation  or  closing  of
11    any  street,  roadway,  or  driveway, or part thereof, damage
12    shall be ascertained and paid as provided by law.
13        Except in cases  where  the  deed,  or  other  instrument
14    dedicating  a  street, roadway, or driveway, or part thereof,
15    has expressly provided for a specific devolution of the title
16    thereto upon the abandonment or vacation thereof, and  except
17    where  such  street, roadway or driveway, or part thereof, is
18    held by the district by lease, or where the district holds an
19    easement in the land included within the street,  roadway  or
20    driveway,  whenever any street, roadway, or driveway, or part
21    thereof is vacated under or by virtue of any ordinance of any
22    forest preserve district, the title to the land in fee simple
23    included within the street, roadway,  or  driveway,  or  part
24    thereof, so vacated vests in the forest preserve district.
25        The  board  of any forest preserve district is authorized
26    to sell at fair market price, gravel,  sand,  earth  and  any
27    other  material  obtained  from the lands and waters owned by
28    the district.
29        For  the  purposes  of  this  Section,  "acquiring  land"
30    includes acquiring a fee simple, lease or easement in land.
31    (Source: P.A. 86-267; 86-1387; 87-847.)

32        Section 99.  Effective date.  This Act takes effect  upon
33    becoming law.

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