Public Act 099-0398
 
SB1717 EnrolledLRB099 07543 MGM 27666 b


  
    AN ACT concerning the Prairie Wind Trail.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 1. Short title. This Act may be cited as the 
Prairie Wind Trail Property Transfer Act.
 
    Section 5. Legislative statement. Between the years of 1991 
and 2002, the Department of Natural Resources expended $408,085 
to acquire 281.502 acres of real property, in the counties of 
Coles, Douglas and Moultrie, with the intention of constructing 
a recreational trail for use by the general public. The 
intended recreational trail was not constructed because the 
Department of Natural Resources was not able to acquire a 
contiguous linear parcel of real property sufficient to 
construct an uninterrupted recreational trail.
    Between the years of 1995 and 2011, the Department of 
Natural Resources transferred 47.777 acres of real property to 
several private and public entities. These transfers were 
completed in accordance with Public Acts 88-369, 89-29, 89-223, 
90-760, 91-824, and 96-316.

    Between 1991 and 2013, the Department of Natural Resources 
expended $207,425.89 in legal defense expenses associated with 
the process of acquiring and holding title to the real property 
constituting the planned Prairie Wind Trail. (See Hemingway v. 
American Premium Underwriters, Inc., 97-MR-5, Sixth Circuit, 
Douglas County, Illinois and Ag Farms, Inc. v. American Premium 
Underwriters, Inc., 2002-MR-6, Sixth Circuit, Moultrie County, 
Illinois.)
    The General Assembly finds that transferring the real 
property known as the Prairie Wind Trail to adjacent owners is 
a public benefit to avoid further expenditure of legal defense 
expenses.

 
    Section 10. Definitions. As used in this Act:

    "Adjacent owner" means an owner of real property with a 
common boundary to parcels comprising the planned Prairie Wind 
Trail owned by the Department of Natural Resources.
    "Department" means the Department of Natural Resources of 
the State of Illinois.
    "Prairie Wind Trail" means real property in the counties of 
Coles, Douglas and Moultrie that is owned by the Department of 
Natural Resources and was acquired between the years of 1991 
and 2002 with the intention of constructing a recreational 
trail for use by the general public.
 
    Section 15. Authority to convey real estate. The Department 
may transfer and convey all or part of the real estate acquired 
for the Prairie Wind Trail as provided in this Act.  In order to 
facilitate the transfers authorized by this Act, the Secretary 
of State shall establish a repository for the deeds, surveys, 
and related materials for each parcel within the Secretary of 
State Index Department.
 
    Section 20. Transfer process. 
    (a) Notwithstanding any provision of the State Property 
Control Act, an adjacent owner may request the transfer of a 
limited portion of the Prairie Wind Trail in accordance with 
this Act. If an adjacent owner desires transfer of a portion of 
the Prairie Wind Trail, the adjacent owner shall provide notice 
to the Department, accompanied by the following: 
        (1)  a title search proving ownership or a certified 
    copy of the recorded deed for the adjacent real property; 
        (2)  a copy of the most recent real property tax 
    assessment for the adjacent real property; and
        (3)  a notarized affidavit executed by the owner of the 
    adjacent real property affirming current ownership of the 
    adjacent real property. 
    (b) The real estate transferred to an adjacent owner 
pursuant to this Act may not extend beyond an area encompassed 
by:
        (1)  the common property boundary;

        (2)  the center line of the Prairie Wind Trail; and

        (3)  lines extending from the boundary of the common 
    boundary of the real estate to the center line of the 
    Prairie Wind Trail.

    (c)  Upon receipt of notice, the Department shall determine 
whether the adjacent owner has demonstrated ownership of the 
real estate with a common boundary to the Prairie Wind Trail 
and compliance with subsection (a) of this Section.
    (d)     If the adjacent owner demonstrates ownership of the 
real estate with a common boundary to the Prairie Wind Trail 
and compliance with subsection (a) of this Section, the 
Department shall notify the adjacent owner and schedule a real 
estate closing at a mutually agreeable time and place. The 
adjacent owner is responsible to pay all filing fees, taxes, 
and costs associated with closing the real estate transaction.
    (e)   If a person does not demonstrate ownership of the real 
estate with a common boundary to the Prairie Wind Trail or 
compliance with subsection (a) of this Section, the Department 
shall reject the request to transfer any portion of the Prairie 
Wind Trail to that person.
    (f)   If the Department receives a request to transfer any 
portion of the Prairie Wind Trail that is the subject of any 
pending action filed in any federal or State court, that 
requested portion of the Prairie Wind Trail may not be 
transferred by the Department until a final judgment is 
rendered in the pending action.
    (g) In the case of 2 or more parties claiming ownership of 
all or the same adjacent property, the Department shall not 
transfer any property of the requested portion of the Prairie 
Wind Trail until an agreed-upon settlement between the 
conflicting parties is made or until a final judgment is made 
in any action related to the adjacent property in a court of 
competent jurisdiction.
    (h) Upon a final judgment in favor of the requesting party 
or dismissal of all lawsuits concerning  real estate for which a 
transfer has been requested, the Department shall transfer that 
real estate, provided that it meets the other requirements of 
this Act.
 
    Section 25. Time limitations. The Department shall begin 
accepting requests to transfer portions of the Prairie Wind 
Trail on the effective date of this Act. The Department shall 
not accept any request received more than 2 years after the 
effective date of this Act. During this time period, the 
Department shall hold a public hearing in the counties of 
Moultrie and Douglas regarding the transfer of portions of the 
Prairie Wind Trail. The hearing shall provide an opportunity 
for adjacent owners to petition the Department. Notice shall be 
given by public advertisement in a newspaper in general 
circulation in the Prairie Wind Trail area. The notice shall 
provide the date, time, and location of the public hearings and 
provide information regarding the transfer of real property.
 
    Section 30. Review. Any determinations required by this Act 
and any actions to transfer real estate are within the sole 
discretion of the Department and are not subject to judicial or 
administrative review.

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