Bill Text: IL SB1651 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Downstate Forest Preserve District Act. Makes a technical change in a Section concerning judicial notice.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Enrolled) 2019-06-21 - Sent to the Governor [SB1651 Detail]

Download: Illinois-2019-SB1651-Enrolled.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Downstate Forest Preserve District Act is
5amended by changing Section 6 as follows:
6 (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
7 Sec. 6. Acquisition of property. Any such District shall
8have power to acquire lands and grounds for the aforesaid
9purposes by lease, or in fee simple by gift, grant, legacy,
10purchase or condemnation, or to acquire easements in land, and
11to construct, lay out, improve and maintain wells, power
12plants, comfort stations, shelter houses, paths, driveways,
13public roads, roadways and other improvements and facilities in
14and through such forest preserves as they shall deem necessary
15or desirable for the use of such forest preserves by the public
16and may acquire, develop, improve and maintain waterways in
17conjunction with the district. No district with a population
18less than 600,000 shall have the power to purchase, condemn,
19lease or acquire an easement in property within a municipality
20without the concurrence of the governing body of the
21municipality, except where such district is acquiring land for
22a linear park or trail not to exceed 100 yards in width or is
23acquiring land contiguous to an existing park or forest

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1preserve, and no municipality shall annex any land for the
2purpose of defeating a District acquisition once the District
3has given notice of intent to acquire a specified parcel of
4land. No district with a population of less than 500,000 shall
5(i) have the power to condemn property for a linear park or
6trail within a municipality without the concurrence of the
7governing body of the municipality or (ii) have the power to
8condemn property for a linear park or trail in an
9unincorporated area without the concurrence of the governing
10body of the township within which the property is located or
11(iii) once having commenced a proceeding to acquire land by
12condemnation, dismiss or abandon that proceeding without the
13consent of the property owners. No district shall establish a
14trail surface within 50 feet of an occupied dwelling which was
15in existence prior to the approval of the acquisition by the
16district without obtaining permission of the owners of the
17premises or the concurrence of the governing body of the
18municipality or township within which the property is located.
19All acquisitions of land by a district with a population less
20than 600,000 within 1 1/2 miles of a municipality shall be
21preceded by a conference with the mayor or president of the
22municipality or his designated agent. If a forest preserve
23district is in negotiations for acquisition of land with owners
24of land adjacent to a municipality, the annexation of that land
25shall be deferred for 6 months. The district shall have no
26power to acquire an interest in real estate situated outside

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1the district by the exercise of the right of eminent domain, by
2purchase or by lease, but shall have the power to acquire any
3such property, or an easement in any such property, which is
4contiguous to the district by gift, legacy, grant, or lease by
5the State of Illinois, subject to approval of the county board
6of the county, and of any forest preserve district or
7conservation district, within which the property is located.
8The district shall have the same control of and power over
9land, an interest in which it has so acquired, as over forest
10preserves within the district. If any of the powers to acquire
11lands and hold or improve the same given to Forest Preserve
12Districts, by Sections 5 and 6 of this Act should be held
13invalid, such invalidity shall not invalidate the remainder of
14this Act or any of the other powers herein given and conferred
15upon the Forest Preserve Districts. Such Forest Preserve
16Districts shall also have power to lease not to exceed 40 acres
17of the lands and grounds acquired by it, for a term of not more
18than 99 years to veterans' organizations as grounds for
19convalescing sick veterans and veterans with disabilities, and
20as a place upon which to construct rehabilitation quarters, or
21to a county as grounds for a county nursing home or
22convalescent home. Any such Forest Preserve District shall also
23have power to grant licenses, easements and rights-of-way for
24the construction, operation and maintenance upon, under or
25across any property of such District of facilities for water,
26sewage, telephone, telegraph, electric, gas, renewable energy,

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1or other public service, subject to such terms and conditions
2as may be determined by such District.
3 Any such District may purchase, but not condemn, a parcel
4of land and sell a portion thereof for not less than fair
5market value pursuant to resolution of the Board. Such
6resolution shall be passed by the affirmative vote of at least
72/3 of all members of the board within 30 days after
8acquisition by the district of such parcel.
9 The corporate authorities of a forest preserve district
10that (i) is located in a county that has more than 700,000
11inhabitants, (ii) borders a county that has 1,000,000 or more
12inhabitants, and (iii) also borders another state, by ordinance
13or resolution, may authorize the sale or public auction of a
14structure located on land owned by the district if (i) the
15structure existed on the land prior to the district's
16acquisition of the land, (ii) two-thirds of the members of the
17board of commissioners then holding office find that the
18structure is not necessary or is not useful to or for the best
19interest of the forest preserve district, (iii) a condition of
20sale or auction requires the transferee of the structure to
21remove the structure from district land, and (iv) prior to the
22sale or auction, the fair market value of the structure is
23determined by a written MAI-certified appraisal or by a written
24certified appraisal of a State certified or licensed real
25estate appraiser and the appraisal is available for public
26inspection. The ordinance or resolution shall (i) direct the

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1sale to be conducted by the staff of the district, a listing
2with local licensed real estate agencies (in which case the
3terms of the agent's compensation shall be included in the
4ordinance or resolution), or by public auction, (ii) be
5published within 7 days after its passage in a newspaper
6published in the district, and (iii) contain pertinent
7information concerning the nature of the structure and any
8terms or conditions of sale or auction. No earlier than 14 days
9after the publication, the corporate authorities may accept any
10offer for the structure determined by them to be in the best
11interest of the district by a vote of two-thirds of the
12corporate authorities then holding office.
13 Whenever the board of any forest preserve district
14determines that the public interest will be subserved by
15vacating any street, roadway, or driveway, or part thereof,
16located within a forest preserve, it may vacate that street,
17roadway, or driveway, or part thereof, by an ordinance passed
18by the affirmative vote of at least 3/4 of all the members of
19the board, except that the affirmative vote of at least 6/7 of
20all the members of the board is required if the board members
21are elected under Section 3c of this Act. This vote shall be
22taken by ayes and nays and entered in the records of the board.
23 The determination of the board that the nature and extent
24of the public use or public interest to be subserved is such as
25to warrant the vacation of any street, roadway, or driveway, or
26part thereof, is conclusive, and the passage of such an

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1ordinance is sufficient evidence of that determination,
2whether so recited in the ordinance or not. The relief to the
3public from further burden and responsibility of maintaining
4any street, roadway or driveway, or part thereof, constitutes a
5public use or public interest authorizing the vacation.
6 Nothing contained in this Section shall be construed to
7authorize the board of any forest preserve district to vacate
8any street, roadway, or driveway, or part thereof, that is part
9of any State or county highway.
10 When property is damaged by the vacation or closing of any
11street, roadway, or driveway, or part thereof, damage shall be
12ascertained and paid as provided by law.
13 Except in cases where the deed, or other instrument
14dedicating a street, roadway, or driveway, or part thereof, has
15expressly provided for a specific devolution of the title
16thereto upon the abandonment or vacation thereof, and except
17where such street, roadway or driveway, or part thereof, is
18held by the district by lease, or where the district holds an
19easement in the land included within the street, roadway or
20driveway, whenever any street, roadway, or driveway, or part
21thereof is vacated under or by virtue of any ordinance of any
22forest preserve district, the title to the land in fee simple
23included within the street, roadway, or driveway, or part
24thereof, so vacated vests in the forest preserve district.
25 The board of any forest preserve district is authorized to
26sell at fair market price, gravel, sand, earth and any other

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1material obtained from the lands and waters owned by the
2district.
3 For the purposes of this Section, "acquiring land" includes
4acquiring a fee simple, lease or easement in land.
5(Source: P.A. 99-143, eff. 7-27-15.)
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