State of Illinois
92nd General Assembly

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HB1070 Engrossed                              LRB9203824WHcsA

 1        AN ACT concerning property.

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

 4        Section 5.  The Real Property Conservation Rights Act  is
 5    amended by changing Sections 1 and 2 as follows:

 6        (765 ILCS 120/1) (from Ch. 30, par. 401)
 7        Sec.  1.   (a)  A  conservation right is a right, whether
 8    stated in the form of a restriction,  easement,  covenant  or
 9    condition,  or,  without limitation, in any other form in any
10    deed, will, plat, or without limitation any other  instrument
11    executed  by  or  on  behalf  of  the owner of land or in any
12    condemnation order  of  taking,  appropriate  to  preserving:
13    (i)  the    significant   physical   character   and   visual
14    characteristics   of   structures    having    architectural,
15    historical,   or  cultural  significance,  together  with any
16    associated real property, whether or not  improved;  or  (ii)
17    land  or  water areas predominantly in their natural, scenic,
18    open, agricultural,  or  wooded  condition,  or  as  suitable
19    habitat   for   fish,  plants,  or  wildlife;  or  (iii)  the
20    integrity  of  archaeological  sites  and  the  artifacts  or
21    information  which  they   may   contain   pending   properly
22    supervised  excavation  and  investigation.  Without limiting
23    the generality of the foregoing, the instrument conveying  or
24    reserving  a  conservation  right may, with respect to either
25    the grantor or grantee, require, prohibit,  condition,  limit
26    or control any or all of the following:
27             (1)  access or public visitation;
28             (2)  affirmative  acts  of  alteration, restoration,
29        rehabilitation,   repair,   maintenance,   investigation,
30        documentation,  payment  of  taxes,  or  compliance  with
31        public law and regulations;
HB1070 Engrossed            -2-               LRB9203824WHcsA
 1             (3)  conditions  of  operation,  use,   restoration,
 2        alteration, repair or maintenance;
 3             (4)  acts  detrimental  to  the  preservation  of  a
 4        place;
 5             (5)  the  construction,  placement, maintenance in a
 6        particular condition, alteration, or  removal  of  roads,
 7        signs,  billboards  or  other  advertising,  utilities or
 8        other structures on or above the ground;
 9             (6)  the  dumping  or  placing  of  soil  or   other
10        substance  or material as landfill, or dumping or placing
11        of trash, waste or other materials;
12             (7)  the excavation, dredging or  removal  of  loam,
13        peat,  gravel,  soil, rock or other material substance in
14        such manner as to affect  the  surface  or  to  otherwise
15        alter the topography of the area;
16             (8)  the  removal or destruction of trees, shrubs or
17        other vegetation;
18             (9)  surface use inconsistent with  preservation  of
19        water  or  land areas, or the improvement or appurtenance
20        thereto;
21             (10)  activities affecting drainage, flood  control,
22        water conservation, erosion control or soil conservation,
23        or fish and wildlife habitat preservation; or
24             (11)  any  other acts or uses having relation to the
25        preservation of structures, sites and water or land areas
26        or the improvements or appurtenances thereto.
27        (b)  A conservation right shall be  taken  to  include  a
28    preservation  restriction  as that term is defined in Section
29    11-48.2-1A of  the  "Illinois  Municipal  Code",  as  now  or
30    hereafter  amended, and shall not be unenforceable on account
31    of lack of privity of estate or contract or lack  of  benefit
32    to  particular  land  or  on  account  of  the  benefit being
33    assigned  or  assignable.   Conservation  rights   shall   be
34    construed  and  enforced  in accordance with their terms, and
HB1070 Engrossed            -3-               LRB9203824WHcsA
 1    shall be transferable and transferred, recorded and  indexed,
 2    in  the same manner as fee simple interests in real property,
 3    subject only to the limitations provided herein.
 4        Conservation rights may be released by the holder of such
 5    rights to the holder of the fee even though the holder of the
 6    fee may not be an agency  of  the  State,  a  unit  of  local
 7    government or a not-for-profit corporation or trust.
 8        The  holder  of a grant pursuant to this Act shall not be
 9    required to record any instrument subsequent to the recording
10    of the grant in order to maintain or continue the validity of
11    the grant.
12        The holder of such rights  shall  also  be  permitted  to
13    transfer  or assign such rights but only to another agency of
14    the State, a unit of local government or to a  not-for-profit
15    corporation or trust.
16    (Source: P.A. 91-497, eff. 1-1-00.)

17        (765 ILCS 120/2) (from Ch. 30, par. 402)
18        Sec.  2.  Any  owner  of  real property in this State may
19    convey a conservation right in  such  real  property  to  the
20    United  States  or  any  agency  of the federal government an
21    agency of the State, to a unit of local government, or  to  a
22    not-for-profit  corporation  or  trust whose primary purposes
23    include the conservation of land, natural areas,  open  space
24    or  water  areas,  or  the  preservation  of native plants or
25    animals, or biotic communities, or geographic  formations  of
26    scientific,   aesthetic,  or  educational  interest,  or  the
27    preservation of buildings, structures or sites of historical,
28    architectural, archeological or cultural significance, or the
29    protection of agricultural  land  from  conversion  to  other
30    uses.
31        No  conveyance  of  such  conservation  rights shall take
32    effect until such conveyance  is  accepted  by  the  grantee.
33    Acceptance  of  such  conservation  rights may be conditioned
HB1070 Engrossed            -4-               LRB9203824WHcsA
 1    upon any requirements which are deemed proper by the grantee.
 2    Such requirements may include the payment  of  funds  by  the
 3    grantor  to  provide  for the management of such conservation
 4    rights.
 5    (Source: P.A. 91-497, eff. 1-1-00.)

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