IL HB2601 | 2019-2020 | 101st General Assembly

Status

Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: Passed on July 26 2019 - 100% progression
Action: 2019-07-26 - Public Act . . . . . . . . . 101-0142
Text: Latest bill text (Chaptered) [HTML]

Summary

Amends the Real Property Conservation Rights Act. Provides that a conservation right may be amended or modified from time to time only by a written instrument executed by the grantor and grantee and recorded with the office of the recorder of deeds of the county in which the land is located. Provides that either party may, in the absolute discretion of the party, withhold consent to any amendment or modification requested by the other party. Provides that an amendment or modification shall not materially and adversely affect the conservation purposes of the conservation right or facilitate the extinguishment of the conservation right. Provides that the consent of any party other than the grantor and grantee is not required for amendment or modification, even if the other party is entitled to enforce an easement. Provides that the conservation right may contain other requirements for amendment or modification, and such other requirements shall control. Provides that a unit of local government has the authority to grant a conservation right on property that it owns to another unit of government or to a not-for-profit corporation or trust that meets certain criteria. Provides that an action to enforce a conservation right may be brought by any party entitled to enforce the conservation right against a nonowner who is violating the terms of the conservation right. Provides that a notice of violation may be recorded by the holder of the conservation right against any property that the holder of the conservation right reasonably determines is in violation of the conservation right. Provides that a conservation right shall not be extinguished by adverse possession, a claim of abandonment, or merger, and may be extinguished only by such procedure as may be set forth in the conservation right or by a release of the conservation right in accordance with the terms of the conservation right. Provides that no prescriptive easement shall be established that adversely impacts the conservation values protected by the conservation right. Effective immediately.

Tracking Information

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Title

PROPERTY-CONSERVATION RIGHTS

Sponsors


Roll Calls

2019-05-21 - Senate - Third Reading in Senate (Y: 56 N: 0 NV: 3 Abs: 0) [PASS]
2019-03-29 - House - Third Reading in House (Y: 97 N: 0 NV: 6 Abs: 3) [PASS]

History

DateChamberAction
2019-07-26HousePublic Act . . . . . . . . . 101-0142
2019-07-26HouseEffective Date July 26, 2019
2019-07-26HouseGovernor Approved
2019-06-19HouseSent to the Governor
2019-05-21HousePassed Both Houses
2019-05-21SenateThird Reading - Passed; 056-000-001
2019-05-16SenatePlaced on Calendar Order of 3rd Reading May 17, 2019
2019-05-16SenateSecond Reading
2019-05-02SenatePlaced on Calendar Order of 2nd Reading May 7, 2019
2019-05-02SenateDo Pass Judiciary; 009-000-000
2019-04-24SenateAssigned to Judiciary
2019-04-03SenateReferred to Assignments
2019-04-03SenateFirst Reading
2019-04-03SenateChief Senate Sponsor Sen. Melinda Bush
2019-04-03SenatePlaced on Calendar Order of First Reading
2019-04-03SenateArrive in Senate
2019-03-29HouseThird Reading - Short Debate - Passed 097-000-000
2019-03-27HouseAdded Co-Sponsor Rep. Jennifer Gong-Gershowitz
2019-03-26HousePlaced on Calendar Order of 3rd Reading - Short Debate
2019-03-26HouseSecond Reading - Short Debate
2019-03-21HousePlaced on Calendar 2nd Reading - Short Debate
2019-03-20HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 014-000-000
2019-03-20HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
2019-03-19HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
2019-03-14HouseAdded Co-Sponsor Rep. Margo McDermed
2019-03-14HouseAdded Co-Sponsor Rep. Theresa Mah
2019-03-14HouseAdded Co-Sponsor Rep. Robyn Gabel
2019-03-14HouseAdded Co-Sponsor Rep. Delia C. Ramirez
2019-03-14HouseAdded Co-Sponsor Rep. Michael J. Zalewski
2019-03-13HouseAdded Co-Sponsor Rep. Ann M. Williams
2019-03-13HouseReported Back To Judiciary - Civil Committee;
2019-03-13HouseRecommends Do Pass Subcommittee/ Judiciary - Civil Committee; 007-000-000
2019-03-11HouseHouse Committee Amendment No. 1 Referred to Rules Committee
2019-03-11HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Bob Morgan
2019-02-27HouseTo Commercial Law Subcommittee
2019-02-26HouseAssigned to Judiciary - Civil Committee
2019-02-14HouseReferred to Rules Committee
2019-02-14HouseFirst Reading
2019-02-14HouseFiled with the Clerk by Rep. Bob Morgan

Code Citations

ChapterArticleSectionCitation TypeStatute Text
7651201Amended CodeCitation Text
7651202Amended CodeCitation Text
7651204Amended CodeCitation Text
7651206Amended CodeCitation Text

Illinois State Sources


Bill Comments

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