Public Act 098-0281
 
SB1499 EnrolledLRB098 02653 OMW 32658 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 Cook County Forest Preserve District Act is 
amended  by changing Sections 7, 8, and 8.1 as follows:
 



    (70 ILCS 810/7)  (from Ch. 96 1/2, par. 6410)



    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

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

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

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.

(Source: P.A. 80-320.)

 



    (70 ILCS 810/8)  (from Ch. 96 1/2, par. 6411)



    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,

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,

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

    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

ordinance passed by the affirmative vote of at least 3/4 of
all 
the members 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 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, 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.

(Source: P.A. 83-388.)

 



    (70 ILCS 810/8.1)  (from Ch. 96 1/2, par. 6411.1)



    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.

(Source: P.A. 80-1443.)

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