State of Illinois
92nd General Assembly

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[ Senate Amendment 002 ]




 1                    AMENDMENT TO SENATE BILL 2149

 2        AMENDMENT NO.     .  Amend Senate Bill 2149 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The Downstate Forest Preserve District Act
 5    is amended by changing Sections 6, 6d and 6e as follows:

 6        (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
 7        Sec. 6. Acquisition of property. Any such District  shall
 8    have  power  to  acquire  lands and grounds for the aforesaid
 9    purposes by lease, or in fee simple by gift,  grant,  legacy,
10    purchase  or  condemnation,  or to acquire easements in land,
11    and to construct, lay out, improve and maintain wells,  power
12    plants,  comfort  stations, shelter houses, paths, driveways,
13    public roads, roadways and other improvements and  facilities
14    in  and  through  such  forest  preserves  as they shall deem
15    necessary or desirable for the use of such  forest  preserves
16    by  the public and may acquire, develop, improve and maintain
17    waterways in conjunction with the district. No district  with
18    a  population  less than 400,000 600,000 shall have the power
19    to  purchase,  condemn,  lease  or  acquire  an  easement  in
20    property within a municipality without the concurrence of the
21    governing  body  of  the  municipality,  except  where   such
22    district  is acquiring land for a linear park or trail not to
                            -2-           SRS92SB2149PMcpam01
 1    exceed 100 yards in width or is acquiring land contiguous  to
 2    an  existing  park  or  forest preserve,  and no municipality
 3    shall annex any land for the purpose of defeating a  District
 4    acquisition  once  the District has given notice of intent to
 5    acquire a specified parcel  of  land.   No  district  with  a
 6    population  of  less  than 400,000 500,000 shall (i) have the
 7    power to condemn property for a linear park or trail within a
 8    municipality without the concurrence of the governing body of
 9    the municipality or (ii) have the power to  condemn  property
10    for  a linear park or trail in an unincorporated area without
11    the concurrence of the governing body of the township  within
12    which  the property is located or (iii) once having commenced
13    a proceeding to acquire  land  by  condemnation,  dismiss  or
14    abandon  that  proceeding without the consent of the property
15    owners. No district shall establish a trail surface within 50
16    feet of an occupied dwelling which was in existence prior  to
17    the  approval  of  the  acquisition  by  the district without
18    obtaining permission of the owners of  the  premises  or  the
19    concurrence  of  the  governing  body  of the municipality or
20    township  within  which  the  property  is  located.      All
21    acquisitions  of  land  by  a district with a population less
22    than 400,000 600,000 within 1 1/2  miles  of  a  municipality
23    shall be preceded by a conference with the mayor or president
24    of  the  municipality  or  his designated agent.  If a forest
25    preserve district is in negotiations for acquisition of  land
26    with   owners   of  land  adjacent  to  a  municipality,  the
27    annexation of that land shall be deferred for 6  months.  The
28    district  shall  have no power to acquire an interest in real
29    estate situated outside the district by the exercise  of  the
30    right  of  eminent domain, by purchase or by lease, but shall
31    have the power to acquire any such property, or  an  easement
32    in  any such property, which is contiguous to the district by
33    gift, legacy, grant, or  lease  by  the  State  of  Illinois,
34    subject to approval of the county board of the county, and of
                            -3-           SRS92SB2149PMcpam01
 1    any forest preserve district or conservation district, within
 2    which  the  property is located.  The district shall have the
 3    same control of and power over land, an interest in which  it
 4    has   so  acquired,  as  over  forest  preserves  within  the
 5    district. If any of the powers to acquire lands and  hold  or
 6    improve  the  same  given  to  Forest  Preserve Districts, by
 7    Sections 5 and 6 of this Act should  be  held  invalid,  such
 8    invalidity  shall not invalidate the remainder of this Act or
 9    any of the other powers herein given and conferred  upon  the
10    Forest  Preserve  Districts.  Such  Forest Preserve Districts
11    shall also have power to lease not to exceed 40 acres of  the
12    lands and grounds acquired by it, for a term of not more than
13    99   years   to   veterans'   organizations  as  grounds  for
14    convalescing sick and disabled veterans, and as a place  upon
15    which to construct rehabilitation quarters, or to a county as
16    grounds  for  a county nursing home or convalescent home. Any
17    such Forest Preserve District shall also have power to  grant
18    licenses,  easements  and rights-of-way for the construction,
19    operation and maintenance upon, under or across any  property
20    of  such District of facilities for water, sewage, telephone,
21    telegraph, electric, gas or other public service, subject  to
22    such  terms  and  conditions  as  may  be  determined by such
23    District.
24        Any such District may purchase, but not condemn, a parcel
25    of land and sell a portion thereof for  not  less  than  fair
26    market  value  pursuant  to  resolution  of  the Board.  Such
27    resolution shall be passed by  the  affirmative  vote  of  at
28    least  2/3  of  all members of the board within 30 days after
29    acquisition by the district of such parcel.
30        Whenever  the  board  of  any  forest  preserve  district
31    determines that the public  interest  will  be  subserved  by
32    vacating  any  street, roadway, or driveway, or part thereof,
33    located within a forest preserve, it may vacate that  street,
34    roadway, or driveway, or part thereof, by an ordinance passed
                            -4-           SRS92SB2149PMcpam01
 1    by the affirmative vote of at least 3/4 of all the members of
 2    the  board.  This  vote  shall  be taken by ayes and nays and
 3    entered in the records of the board.
 4        The determination of the board that the nature and extent
 5    of the public use or public interest to be subserved is  such
 6    as  to  warrant  the  vacation  of  any  street,  roadway, or
 7    driveway, or part thereof, is conclusive, and the passage  of
 8    such   an   ordinance   is   sufficient   evidence   of  that
 9    determination, whether so recited in the  ordinance  or  not.
10    The   relief   to   the   public   from  further  burden  and
11    responsibility  of  maintaining  any   street,   roadway   or
12    driveway, or part thereof, constitutes a public use or public
13    interest authorizing the vacation.
14        Nothing  contained  in this Section shall be construed to
15    authorize the board of any forest preserve district to vacate
16    any street, roadway, or driveway, or part  thereof,  that  is
17    part of any State or county highway.
18        When  property  is  damaged by the vacation or closing of
19    any street, roadway, or driveway,  or  part  thereof,  damage
20    shall be ascertained and paid as provided by law.
21        Except  in  cases  where  the  deed,  or other instrument
22    dedicating a street, roadway, or driveway, or  part  thereof,
23    has expressly provided for a specific devolution of the title
24    thereto  upon the abandonment or vacation thereof, and except
25    where such street, roadway or driveway, or part  thereof,  is
26    held by the district by lease, or where the district holds an
27    easement  in  the land included within the street, roadway or
28    driveway, whenever any street, roadway, or driveway, or  part
29    thereof is vacated under or by virtue of any ordinance of any
30    forest preserve district, the title to the land in fee simple
31    included  within  the  street,  roadway, or driveway, or part
32    thereof, so vacated vests in the forest preserve district.
33        The board of any forest preserve district  is  authorized
34    to  sell  at  fair  market price, gravel, sand, earth and any
                            -5-           SRS92SB2149PMcpam01
 1    other material obtained from the lands and  waters  owned  by
 2    the district.
 3        For  the  purposes  of  this  Section,  "acquiring  land"
 4    includes acquiring a fee simple, lease or easement in land.
 5    (Source: P.A. 91-384, eff. 7-30-99.)

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

20        (70 ILCS 805/6e)
21        Sec.  6e.  Counties under 500,000 400,000; sales of land.
22    The board of a forest preserve district located in  a  county
23    that  has  a  population  of no more than 500,000 400,000 may
24    sell any one or more parcels of land owned  by  the  district
25    that  are  less  than  one  acre  in  size whenever the board
26    determines the sale to be advantageous to the district.   The
27    board  shall  approve  the  sale  by a two-thirds vote of the
28    members of the board then holding office.  A sale may not  be
29    approved  by the board unless all parcels of land involved in
30    the sale have  been  appraised  by  an  MAI  appraiser  or  a
31    State-certified  real estate appraiser within one year before
32    the date the sale is to take effect.  The net proceeds of the
                            -6-           SRS92SB2149PMcpam01
 1    sale of any parcel of land under this Section  shall  be  set
 2    aside for the district's future land acquisitions and may not
 3    be utilized for any other purpose.".
 4    (Source: P.A. 89-89, eff. 6-30-95; 89-654, eff. 8-14-96.)

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