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| Public Act 098-0281 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Cook County Forest Preserve District Act is | ||||
amended by changing Sections 7, 8, and 8.1 as follows:
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(70 ILCS 810/7) (from Ch. 96 1/2, par. 6410)
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Sec. 7.
Any forest preserve district shall
have the power | ||||
to create forest preserves, and for that purpose shall
have the | ||||
power to acquire in fee simple or by easements in land, in the | ||||
manner hereinafter
provided, and hold lands containing one or | ||||
more natural forests or parts
thereof or land or lands | ||||
connecting such forests or parts thereof, or
lands capable of | ||||
being forested, for the purpose of protecting and
preserving | ||||
the flora, fauna, and scenic beauties within such district,
and | ||||
to restore, restock, protect and preserve the natural forests | ||||
and
such lands together with their flora and fauna, as nearly | ||||
as may be, in
their natural state and condition, for the | ||||
purpose of the education,
pleasure, and recreation of the | ||||
public. Lands may be acquired in fee
simple or by easements in | ||||
land for the consolidation of such preserves into unit areas of | ||||
size
and form convenient and desirable for public use and | ||||
economical
maintenance and improvement and when in the judgment | ||||
of the Board the
public access, use, and enjoyment of such | ||||
preserves and other purposes
of this Act will be served by | ||
connecting any such preserves with
forested ways or links, | ||
lands for connecting links of such width,
length, and location | ||
as the Board deem necessary or desirable may be
acquired in fee | ||
simple or by easements in land and held for such purposes and | ||
improved by
forestation, roads, and pathways. Any such district | ||
may also acquire
lands in fee simple or by easements in land | ||
along or enclosing water courses, drainage ways,
lakes, ponds, | ||
planned impoundments or elsewhere which, in the judgment
of its | ||
Board are required to store flood waters, or control other
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drainage and water conditions, or to recycle secondary treated | ||
sewage effluents
or wastewater through the production and sale | ||
of agricultural,
silvicultural or aquacultural products, | ||
necessary for the preservation
and management of the water | ||
resources of the district, provided no
debris, tree, tree | ||
limbs, logs, shrubbery, or related growths and
trimmings | ||
therefrom shall be deposited in, along, or upon the bank of
any | ||
waters and water courses within the State of Illinois or any
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tributary thereto where the same shall be liable to be washed | ||
into or
deposited along waters and water courses, either by | ||
normal or flood
flows, as a result of storms or otherwise, | ||
which may in any manner
impede or obstruct the natural flow of | ||
such waters and water courses.
Unforested lands adjacent to | ||
forest preserves may also be acquired in
fee simple or by | ||
easements in land to provide for extension of roads and | ||
forested ways around
and by such preserves and for parking | ||
space for automobiles and other
facilities not requiring | ||
forested areas but incidental to the use and
protection | ||
thereof. All work done in or along any water course shall be
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done in accordance with the provisions of "An Act in relation | ||
to the
regulation of the rivers, lakes, and streams of the | ||
State of Illinois,"
approved June 10, 1911, as heretofore and | ||
hereafter amended, insofar as
such Act may be applicable.
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(Source: P.A. 80-320.)
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(70 ILCS 810/8) (from Ch. 96 1/2, par. 6411)
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Sec. 8.
Any forest preserve district shall have power to | ||
acquire easements in land, lands
in fee simple and grounds | ||
within such district for the aforesaid purposes by
gift, grant, | ||
legacy, purchase or condemnation and to construct, lay out,
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improve and maintain wells, power plants, comfort stations, | ||
shelter
houses, paths, driveways, roadways and other | ||
improvements and facilities
in and through such forest | ||
preserves as it shall deem necessary or
desirable for the use | ||
of such forest preserves by the public. 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,
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telegraph, electric, gas or other public service, subject to | ||
such terms
and conditions as may be determined by such | ||
district.
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Whenever the board 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
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ordinance passed by the affirmative vote of at least 3/4 of
all | ||
the members of the board.
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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.
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Nothing contained in this Section shall be construed to | ||
authorize the
board to vacate any street, roadway, or
driveway, | ||
or part thereof, that is part of any State or county highway.
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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.
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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, 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.
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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.
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(Source: P.A. 83-388.)
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(70 ILCS 810/8.1) (from Ch. 96 1/2, par. 6411.1)
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Sec. 8.1.
Property owned by a forest preserve district and | ||
property in which a forest preserve district is the grantee of | ||
a conservation easement or grantee of a conservation right as | ||
defined in Section 1(a) of the Real Property Conservation | ||
Rights Act shall not be subject
to eminent domain or | ||
condemnation proceedings.
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(Source: P.A. 80-1443.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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