Public Act 097-0851
 
HB3892 EnrolledLRB097 14682 KMW 59628 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Downstate Forest Preserve District Act is 
amended  by changing Sections 6 and 8 as follows:
 



    (70 ILCS 805/6)  (from Ch. 96 1/2, par. 6309)



    Sec. 6. Acquisition of property. Any such District shall 
have power to
acquire lands and grounds
for the aforesaid 
purposes by lease, or in fee simple by gift, grant, legacy,

purchase or condemnation, or to acquire easements in land, and 
to construct,
lay out, improve and maintain wells, power 
plants, comfort stations,
shelter houses, paths, driveways, 
public roads, roadways and other
improvements and facilities in 
and through such forest preserves as they
shall deem necessary 
or desirable for the use of such forest preserves by
the public 
and may acquire, develop, improve and maintain waterways in

conjunction with the district. No district with a population 
less than
600,000 shall have the power to purchase, condemn, 
lease or acquire an
easement in property within a municipality 
without the concurrence of the
governing body of the 
municipality, except where such district is acquiring
land for 
a linear park or trail not to exceed 100 yards in width or is

acquiring land contiguous to an existing park or forest 
preserve,  and no
municipality shall annex any land for the 
purpose of defeating a District
acquisition once the District 
has given notice of intent to acquire a
specified parcel of 
land.  No district with a population of less than
500,000 shall 
(i) have the power
to condemn property for a linear park or 
trail within a municipality
without the concurrence of the

governing body of the municipality or (ii) have the power to

condemn property for a linear park or
trail in an 
unincorporated area without the concurrence of the governing

body of the township within which the property is located or 
(iii) once
having commenced a proceeding to acquire land by 
condemnation, dismiss or
abandon that proceeding without the 
consent of the property owners.
No district shall establish a 
trail surface within 50 feet of an occupied
dwelling which was 
in existence prior to the approval of the acquisition by
the 
district without obtaining permission of the owners of the 
premises or
the concurrence of the governing body of the 
municipality or township within
which the property is located. 
All acquisitions of land by a district with a
population less 
than 600,000
within 1 1/2 miles of a municipality shall be 
preceded by a conference with
the mayor or president of the 
municipality or his designated agent.  If a
forest preserve 
district is in negotiations for acquisition of land with
owners 
of land adjacent to a municipality, the annexation of that land

shall be deferred for 6 months. The district shall have no 
power to acquire
an interest in real estate situated outside 
the district by the exercise of
the right of eminent domain, by 
purchase or by lease, but shall have the
power to acquire any 
such property, or an easement in any such property,
which is 
contiguous to the district by gift, legacy, grant, or lease
by 
the State of Illinois, subject to
approval of the county board 
of the county, and of any forest preserve
district or 
conservation district, within which the property is located.

The district shall have the same control of and power over 
land, an
interest in which it has so acquired, as over forest 
preserves within the
district. If any of the powers to acquire 
lands and hold
or improve the same given to Forest Preserve 
Districts, by Sections 5
and 6 of this Act should be held 
invalid, such invalidity shall not
invalidate the remainder of 
this Act or any of the other powers herein
given and conferred 
upon the Forest Preserve Districts. Such Forest
Preserve 
Districts shall also have power to lease not to exceed 40 acres

of the lands and grounds acquired by it, for a term of not more 
than 99
years to veterans' organizations as grounds for 
convalescing sick and
disabled veterans, and as a place upon 
which to construct rehabilitation
quarters, or to a county as 
grounds for a county nursing home or
convalescent home. Any 
such Forest Preserve District shall also have
power to grant 
licenses, easements and rights-of-way for the
construction, 
operation and maintenance upon, under or across any
property of 
such District of facilities for water, sewage, telephone,

telegraph, electric, gas or other public service, subject to 
such terms
and conditions as may be determined by such 
District.

    Any such District may purchase, but not condemn, a parcel 
of land and sell a
portion thereof for not less than fair 
market value pursuant to resolution
of the Board.  Such 
resolution shall
be passed by the affirmative vote of at least 
2/3 of all members of the
board within 30 days after 
acquisition by the district of such parcel.

    The corporate authorities of a forest preserve district 
that (i) is located in a county that has more than 700,000 
inhabitants, (ii) borders a county that has 1,000,000 or more 
inhabitants, and (iii) also borders another state, by ordinance 
or resolution, may authorize the sale or public auction of a 
structure located on land owned by the district if (i) the 
structure existed on the land prior to the district's 
acquisition of the land, (ii) two-thirds of the members of the 
board of commissioners then holding office find that the 
structure is not necessary or is not useful to or for the best 
interest of the forest preserve district, (iii) a condition of 
sale or auction requires the transferee of the structure to 
remove the structure from district land, and (iv) prior to the 
sale or auction, the fair market value of the structure is 
determined by a written MAI-certified appraisal or by a written 
certified appraisal of a State certified or licensed real 
estate appraiser and the appraisal is available for public 
inspection. The ordinance or resolution shall (i) direct the 
sale to be conducted by the staff of the district, a listing 
with local licensed real estate agencies (in which case the 
terms of the agent's compensation shall be included in the 
ordinance or resolution), or by public auction, (ii) be 
published within 7 days after its passage in a newspaper 
published in the district, and (iii) contain pertinent 
information concerning the nature of the structure and any 
terms or conditions of sale or auction. No earlier than 14 days 
after the publication, the corporate authorities may accept any 
offer for the structure determined by them to be in the best 
interest of the district by a vote of two-thirds of the 
corporate authorities then holding office. 
    Whenever the board of any forest preserve district 
determines that
the public interest will be subserved by 
vacating any street, roadway,
or driveway, or part thereof, 
located within a forest preserve, it may
vacate that street, 
roadway, or driveway, or part thereof, by an
ordinance passed 
by the affirmative vote of at least 3/4 of
all the members of 
the board, except that the affirmative vote of at least
6/7 of 
all the members of the board is required if the board members 
are
elected under Section 3c of this Act. This vote shall be 
taken by ayes and
nays and entered in the records of the board.

    The determination of the board that the nature and extent 
of the
public use or public interest to be subserved is such as 
to warrant the
vacation of any street, roadway, or driveway, or 
part thereof, is
conclusive, and the passage of such an 
ordinance is sufficient evidence
of that determination, 
whether so recited in the ordinance or not. The
relief to the 
public from further burden and responsibility of
maintaining 
any street, roadway or driveway, or part thereof,
constitutes a 
public use or public interest authorizing the vacation.

    Nothing contained in this Section shall be construed to 
authorize the
board of any forest preserve district to vacate 
any street, roadway, or
driveway, or part thereof, that is part 
of any State or county highway.

    When property is damaged by the vacation or closing of any 
street,
roadway, or driveway, or part thereof, damage shall be 
ascertained and
paid as provided by law.

    Except in cases where the deed, or other instrument 
dedicating a
street, roadway, or driveway, or part thereof, has 
expressly provided
for a specific devolution of the title 
thereto upon the abandonment or
vacation thereof, and except 
where such street, roadway or driveway, or
part thereof, is 
held by the district by lease, or where the district holds
an 
easement in the land included within the street, roadway or 
driveway,
whenever any street, roadway, or driveway, or part

thereof is vacated under or by virtue of any ordinance of any 
forest
preserve district, the title to the land in fee simple 
included within
the street, roadway, or driveway, or part 
thereof, so vacated vests in
the forest preserve district.

    The board of any forest preserve district is authorized to 
sell at
fair market price, gravel, sand, earth and any other 
material obtained
from the lands and waters owned by the 
district.

    For the purposes of this Section, "acquiring land" includes 
acquiring a
fee simple, lease or easement in land.

(Source: P.A. 93-247, eff. 7-22-03.)

 



    (70 ILCS 805/8)  (from Ch. 96 1/2, par. 6315)



    Sec. 8. Powers and duties of corporate authority and 
officers; contracts; salaries.

    (a) The board shall be the corporate authority of such 
forest
preserve district and shall have power to pass and 
enforce all necessary
ordinances, rules and regulations for the 
management of the property and
conduct of the business of such 
district. The president of such board
shall have power to 
appoint such employees as may be necessary.  In counties
with 
population of less than 3,000,000, within 60 days after their 
selection
the commissioners appointed under the provisions of 
Section 3a of this Act
shall organize by selecting from their 
members a president, secretary,
treasurer and such other 
officers as are deemed necessary who shall hold
office for the 
fiscal year in which elected and until their successors are

selected and qualify.  In the one district in existence on July 
1, 1977, that
is managed by an appointed board of 
commissioners, the incumbent president
and the other officers 
appointed in the manner as originally prescribed in this
Act 
shall hold such offices until the completion of their 
respective terms or
in the case of the officers other than 
president until their successors
are appointed by said 
president, but in all cases not to extend beyond January
1, 
1980 and until their successors are selected and qualify.  
Thereafter,
the officers shall be selected in the manner as 
prescribed in this Section
except that their first term of 
office shall not expire until June 30, 1981
and until their 
successors are selected and qualify.

    (b) In any county, city, village, incorporated town or

sanitary district where the corporate authorities act as the

governing body of a forest preserve district, the person 
exercising
the powers of the president of the board shall have 
power to appoint a
secretary and an assistant secretary and 
treasurer and an assistant
treasurer and such other officers 
and such employees as may be necessary.
The assistant secretary 
and assistant treasurer shall perform the duties
of the 
secretary and treasurer, respectively in case of death of such 
officers
or when such officers are unable to perform the duties 
of their respective
offices. All contracts for supplies, 
material or
work involving an expenditure in excess of $20,000 
shall be let to the lowest
responsible bidder, after 
advertising at least once in one or more
newspapers of general 
circulation within the district, excepting work
requiring 
personal confidence or necessary
supplies under the control of 
monopolies, where competitive bidding is
impossible. Contracts 
for supplies, material or work involving an
expenditure of 
$20,000 or less may be let without advertising for bids,
but 
whenever practicable, at least 3 competitive bids shall be 
obtained
before letting such contract. All contracts for 
supplies, material or
work shall be signed by the president of 
the board of commissioners or
by any such other officer as the 
board in its discretion may designate.

    (c) The president of any board of commissioners appointed 
under the
provisions of Section 3a of this Act shall receive a 
salary not to
exceed the sum of $2500 per annum and the salary 
of other members of the
board so appointed shall not exceed 
$1500 per annum. Salaries of the
commissioners, officers and 
employees shall be fixed by ordinance.

    (d) Whenever a forest preserve district owns any personal 
property that, in the opinion of three-fifths of the members of 
the board of commissioners is no longer necessary, useful to, 
or for the best interests of the forest preserve district, then 
three-fifths of the members of the board, at any regular 
meeting or any special meeting called for that purpose by an 
ordinance or resolution that includes a general description of 
the personal property, may authorize the conveyance or sale of 
that personal property in any manner that they may designate, 
with or without advertising the sale. 
(Source: P.A. 93-897, eff. 1-1-05.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.