State of Illinois
92nd General Assembly

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]



 1        AN ACT in relation to forest preserve districts.

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

 4        (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
 5        Sec.  6. Acquisition of property. Any such District shall
 6    have power to acquire lands and  grounds  for  the  aforesaid
 7    purposes  by  lease, or in fee simple by gift, grant, legacy,
 8    purchase or condemnation, or to acquire  easements  in  land,
 9    and  to construct, lay out, improve and maintain wells, power
10    plants, comfort stations, shelter houses,  paths,  driveways,
11    public  roads, roadways and other improvements and facilities
12    in and through such  forest  preserves  as  they  shall  deem
13    necessary  or  desirable for the use of such forest preserves
14    by the public and may acquire, develop, improve and  maintain
15    waterways  in conjunction with the district. No district with
16    a population less than 400,000 600,000 shall have  the  power
17    to  purchase,  condemn,  lease  or  acquire  an  easement  in
18    property within a municipality without the concurrence of the
19    governing   body  of  the  municipality,  except  where  such
20    district is acquiring land for a linear park or trail not  to
21    exceed  100 yards in width or is acquiring land contiguous to
22    an existing park or forest  preserve,   and  no  municipality
23    shall  annex any land for the purpose of defeating a District
24    acquisition once the District has given notice of  intent  to
25    acquire  a  specified  parcel  of  land.   No district with a
26    population of less than 400,000 500,000 shall  (i)  have  the
27    power to condemn property for a linear park or trail within a
28    municipality without the concurrence of the governing body of
29    the  municipality  or (ii) have the power to condemn property
30    for a linear park or trail in an unincorporated area  without
31    the  concurrence of the governing body of the township within
32    which the property is located or (iii) once having  commenced
                            -2-               SRS92SB0081PMcp
 1    a  proceeding  to  acquire  land  by condemnation, dismiss or
 2    abandon that proceeding without the consent of  the  property
 3    owners. No district shall establish a trail surface within 50
 4    feet  of an occupied dwelling which was in existence prior to
 5    the approval of  the  acquisition  by  the  district  without
 6    obtaining  permission  of  the  owners of the premises or the
 7    concurrence of the governing  body  of  the  municipality  or
 8    township   within  which  the  property  is  located.     All
 9    acquisitions of land by a district  with  a  population  less
10    than  400,000  600,000  within  1 1/2 miles of a municipality
11    shall be preceded by a conference with the mayor or president
12    of the municipality or his designated  agent.   If  a  forest
13    preserve  district is in negotiations for acquisition of land
14    with  owners  of  land  adjacent  to  a   municipality,   the
15    annexation  of  that land shall be deferred for 6 months. The
16    district shall have no power to acquire an interest  in  real
17    estate  situated  outside the district by the exercise of the
18    right of eminent domain, by purchase or by lease,  but  shall
19    have  the  power to acquire any such property, or an easement
20    in any such property, which is contiguous to the district  by
21    gift,  legacy,  grant,  or  lease  by  the State of Illinois,
22    subject to approval of the county board of the county, and of
23    any forest preserve district or conservation district, within
24    which the property is located.  The district shall  have  the
25    same  control of and power over land, an interest in which it
26    has  so  acquired,  as  over  forest  preserves  within   the
27    district.  If  any of the powers to acquire lands and hold or
28    improve the same  given  to  Forest  Preserve  Districts,  by
29    Sections  5  and  6  of this Act should be held invalid, such
30    invalidity shall not invalidate the remainder of this Act  or
31    any  of  the other powers herein given and conferred upon the
32    Forest Preserve Districts.  Such  Forest  Preserve  Districts
33    shall  also have power to lease not to exceed 40 acres of the
34    lands and grounds acquired by it, for a term of not more than
                            -3-               SRS92SB0081PMcp
 1    99  years  to  veterans'   organizations   as   grounds   for
 2    convalescing  sick and disabled veterans, and as a place upon
 3    which to construct rehabilitation quarters, or to a county as
 4    grounds for a county nursing home or convalescent  home.  Any
 5    such  Forest Preserve District shall also have power to grant
 6    licenses, easements and rights-of-way for  the  construction,
 7    operation  and maintenance upon, under or across any property
 8    of such District of facilities for water, sewage,  telephone,
 9    telegraph,  electric, gas or other public service, subject to
10    such terms and  conditions  as  may  be  determined  by  such
11    District.
12        Any such District may purchase, but not condemn, a parcel
13    of  land  and  sell  a portion thereof for not less than fair
14    market value pursuant  to  resolution  of  the  Board.   Such
15    resolution  shall  be  passed  by  the affirmative vote of at
16    least 2/3 of all members of the board within  30  days  after
17    acquisition by the district of such parcel.
18        Whenever  the  board  of  any  forest  preserve  district
19    determines  that  the  public  interest  will be subserved by
20    vacating any street, roadway, or driveway, or  part  thereof,
21    located  within a forest preserve, it may vacate that street,
22    roadway, or driveway, or part thereof, by an ordinance passed
23    by the affirmative vote of at least 3/4 of all the members of
24    the board. This vote shall be taken  by  ayes  and  nays  and
25    entered in the records of the board.
26        The determination of the board that the nature and extent
27    of  the public use or public interest to be subserved is such
28    as to  warrant  the  vacation  of  any  street,  roadway,  or
29    driveway,  or part thereof, is conclusive, and the passage of
30    such  an   ordinance   is   sufficient   evidence   of   that
31    determination,  whether  so  recited in the ordinance or not.
32    The  relief  to  the   public   from   further   burden   and
33    responsibility   of   maintaining   any  street,  roadway  or
34    driveway, or part thereof, constitutes a public use or public
                            -4-               SRS92SB0081PMcp
 1    interest authorizing the vacation.
 2        Nothing contained in this Section shall be  construed  to
 3    authorize the board of any forest preserve district to vacate
 4    any  street,  roadway,  or driveway, or part thereof, that is
 5    part of any State or county highway.
 6        When property is damaged by the vacation  or  closing  of
 7    any  street,  roadway,  or  driveway, or part thereof, damage
 8    shall be ascertained and paid as provided by law.
 9        Except in cases  where  the  deed,  or  other  instrument
10    dedicating  a  street, roadway, or driveway, or part thereof,
11    has expressly provided for a specific devolution of the title
12    thereto upon the abandonment or vacation thereof, and  except
13    where  such  street, roadway or driveway, or part thereof, is
14    held by the district by lease, or where the district holds an
15    easement in the land included within the street,  roadway  or
16    driveway,  whenever any street, roadway, or driveway, or part
17    thereof is vacated under or by virtue of any ordinance of any
18    forest preserve district, the title to the land in fee simple
19    included within the street, roadway,  or  driveway,  or  part
20    thereof, so vacated vests in the forest preserve district.
21        The  board  of any forest preserve district is authorized
22    to sell at fair market price, gravel,  sand,  earth  and  any
23    other  material  obtained  from the lands and waters owned by
24    the district.
25        For  the  purposes  of  this  Section,  "acquiring  land"
26    includes acquiring a fee simple, lease or easement in land.
27    (Source: P.A. 91-384, eff. 7-30-99.)

28        (70 ILCS 805/6d) (from Ch. 96 1/2, par. 6311.2)
29        Sec. 6d. Trading parcels of land. The board of  a  forest
30    preserve  district  within a county which has a population of
31    no more than 500,000  360,000  may  trade  any  one  or  more
32    parcels of land owned by the district for one or more parcels
33    of  land  owned  by  one or more individuals or any public or
                            -5-               SRS92SB0081PMcp
 1    private entity whenever the board determines the trade to  be
 2    advantageous  to  the  district. The board shall approve such
 3    trade by unanimous vote of the members of the board. No trade
 4    shall be approved by the board unless  all  parcels  of  land
 5    involved in the trade have been appraised by an MAI appraiser
 6    or  a  State  certified real estate appraiser within one year
 7    before the date the trade is to take effect.
 8    (Source: P.A. 87-709; 88-503.)

 9        (70 ILCS 805/6e)
10        Sec. 6e.  Counties under 500,000 400,000; sales of  land.
11    The  board  of a forest preserve district located in a county
12    that has a population of no more  than  500,000  400,000  may
13    sell  any  one  or more parcels of land owned by the district
14    that are less than  one  acre  in  size  whenever  the  board
15    determines  the sale to be advantageous to the district.  The
16    board shall approve the sale by  a  two-thirds  vote  of  the
17    members  of the board then holding office.  A sale may not be
18    approved by the board unless all parcels of land involved  in
19    the  sale  have  been  appraised  by  an  MAI  appraiser or a
20    State-certified real estate appraiser within one year  before
21    the date the sale is to take effect.  The net proceeds of the
22    sale  of  any  parcel of land under this Section shall be set
23    aside for the district's future land acquisitions and may not
24    be utilized for any other purpose.
25    (Source: P.A. 89-89, eff. 6-30-95; 89-654, eff. 8-14-96.)

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