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91_HB1688
LRB9104018KSmg
1 AN ACT concerned with property conservation rights.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by changing
5 Sections 9-145 and 22-70 as follows:
6 (35 ILCS 200/9-145)
7 Sec. 9-145. Statutory level of assessment. Except in
8 counties with more than 200,000 inhabitants which classify
9 property for purposes of taxation, property shall be valued
10 as follows:
11 (a) Each tract or lot of property shall be valued
12 at 33 1/3% of its fair cash value.
13 (b) Each taxable leasehold estate shall be valued
14 at 33 1/3% of its fair cash value.
15 (c) Each building or structure which is located on
16 the right of way of any canal, railroad or other company
17 leased or granted to another company or person for a term
18 of years, shall be valued at 33 1/3% of its fair cash
19 value.
20 (d) Any property on which there is a coal or other
21 mine, or stone or other quarry, shall be valued at 33
22 1/3% of its fair cash value. Oil, gas and other
23 minerals, except coal, shall have value and be assessed
24 separately at 33 1/3% of the fair cash value of such oil,
25 gas and other minerals. Coal shall be assessed
26 separately at 33 1/3% of the coal reserve economic value,
27 as provided in Sections 10-170 through 10-200.
28 (e) In the assessment of property encumbered by
29 public easement, any depreciation occasioned by such
30 easement shall be deducted in the valuation of such
31 property. Any property dedicated as a nature preserve or
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1 as a natural buffer under the Illinois Natural Areas
2 Preservation Act, for the purposes of this paragraph, is
3 encumbered by a public easement and shall be depreciated
4 for assessment purposes to a level at which its valuation
5 shall be $1 per acre or portion thereof.
6 This Section is subject to and modified by Sections
7 10-110 through 10-140 and 11-5 through 11-65.
8 (Source: P.A. 84-1343; 88-455.)
9 (35 ILCS 200/22-70)
10 Sec. 22-70. Easements and covenants running with the
11 land. A tax deed issued with respect to any property sold
12 under this Code shall not extinguish or affect any
13 conservation right, easement, covenant running with the land
14 or right-of-way for water, sewer, electricity, gas, telephone
15 or other public service use which was created, on or over
16 that real property before the time that property was sold
17 under this Code and which is evidenced either by a recorded
18 instrument or by wires, poles, pipes, equipment or other
19 public service facilities. When the property described in a
20 tax deed issued under this Code is a dominant or a servient
21 tenement with respect to any private easement or easements,
22 created in good faith expressly or by operation of law for
23 the benefit of a dominant tenement or tenements, with respect
24 to the easement or easements the tax deed shall have the same
25 effect as a deed of conveyance made by the owner of the
26 property to the tax deed grantee, just prior to the issuance
27 of the deed.
28 This Section does not apply to tax deeds issued because
29 the owner of any easement, covenant running with the land or
30 right-of-way has failed to pay taxes or special assessments
31 assessed for that easement, covenant running with the land or
32 right-of-way.
33 (Source: Laws 1967, p. 2744; P.A. 88-455.)
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1 Section 10. The Code of Civil Procedure is amended by
2 changing Section 7-101 as follows:
3 (735 ILCS 5/7-101) (from Ch. 110, par. 7-101)
4 Sec. 7-101. Compensation - Jury. Private property shall
5 not be taken or damaged for public use without just
6 compensation, and in all cases in which compensation is not
7 made by the state in its corporate capacity, or a political
8 subdivision of the state, or municipality in its respective
9 corporate capacity, such compensation shall be ascertained by
10 a jury, as hereinafter prescribed. Where compensation is so
11 made by the state, a political subdivision of the state, or
12 municipality, any party upon application may have a trial by
13 jury to ascertain the just compensation to be paid. Such
14 demand on the part of the state, a political subdivision of
15 the state, or municipality, shall be filed with the complaint
16 for condemnation of the state, a political subdivision of the
17 state, or municipality. Where the state, a political
18 subdivision of the state, or municipality is plaintiff, a
19 defendant desirous of a trial by jury must file a demand
20 therefor on or before the return date of the summons served
21 on him or her or fixed in the publication in case of
22 defendants served by publication. In the event no party in
23 the condemnation action demands a trial by jury as provided
24 for by this Section, then the trial shall be before the court
25 without a jury. The right to just compensation as provided in
26 this Article applies to the owner or owners of any lawfully
27 erected off-premises outdoor advertising sign that is
28 compelled to be altered or removed under this Article or any
29 other statute, or under any ordinance or regulation of any
30 municipality or other unit of local government, and also
31 applies to the owner or owners of the property on which that
32 sign is erected. The right to just compensation as provided
33 in this Article applies to the owner or owners of any
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1 conservation right held under the Real Property Conservation
2 Rights Act where the conservation right is taken or altered.
3 The amount of just compensation for the taking of a
4 conservation right shall be equal to the value of such right
5 taken and shall be determined by subtracting the value of the
6 property subject to the conservation right from the value of
7 the property as if it were not subject to the conservation
8 right. The amount of just compensation for the alteration of
9 a conservation right shall be the reduction in value of the
10 conservation right resulting from the alteration and shall be
11 determined by subtracting the value of the conservation right
12 after the right has been altered from the value of the
13 conservation right without such alteration which values shall
14 be determined in the same manner as when conservation rights
15 are taken.
16 (Source: P.A. 87-1205.)
17 Section 15. The Real Property Conservation Rights Act is
18 amended by changing Sections 1, 2, and 4 as follows:
19 (765 ILCS 120/1) (from Ch. 30, par. 401)
20 Sec. 1. (a) A conservation right is a right, whether
21 stated in the form of a restriction, easement, covenant or
22 condition, or, without limitation, in any other form in any
23 deed, will, plat, or without limitation any other instrument
24 executed by or on behalf of the owner of land or in any
25 condemnation order of taking, appropriate to preserving: (i)
26 the significant physical character and visual
27 characteristics of structures having architectural,
28 historical, or cultural significance, together with any
29 associated real property, whether or not improved; or (ii)
30 land or water areas predominantly in their natural, scenic,
31 farmed open or wooded condition, or as suitable habitat for
32 fish, plants, or wildlife; or (iii) the integrity of
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1 archaeological sites and the artifacts or information which
2 they may contain pending properly supervised excavation and
3 investigation. Without limiting the generality of the
4 foregoing, the instrument conveying or reserving a
5 conservation right may, with respect to either the grantor or
6 grantee, require, prohibit, condition, limit or control any
7 or all of the following:
8 (1) access or public visitation;
9 (2) affirmative acts of alteration, restoration,
10 rehabilitation, repair, maintenance, investigation,
11 documentation, payment of taxes, or compliance with public
12 law and regulations;
13 (3) conditions of operation, use, restoration,
14 alteration, repair or maintenance;
15 (4) acts detrimental to the preservation of a place;
16 (5) the construction, placement, maintenance in a
17 particular condition, alteration, or removal of roads, signs,
18 billboards or other advertising, utilities or other
19 structures on or above the ground;
20 (6) the dumping or placing of soil or other substance or
21 material as landfill, or dumping or placing of trash, waste
22 or other materials;
23 (7) the excavation, dredging or removal of loam, peat,
24 gravel, soil, rock or other material substance in such manner
25 as to affect the surface or to otherwise alter the topography
26 of the area;
27 (8) the removal or destruction of trees, shrubs or other
28 vegetation;
29 (9) surface use inconsistent with preservation of water
30 or land areas, or the improvement or appurtenance thereto;
31 (10) activities affecting drainage, flood control, water
32 conservation, erosion control or soil conservation, or fish
33 and wildlife habitat preservation; or
34 (11) any other acts or uses having relation to the
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1 preservation of structures, sites and water or land areas or
2 the improvements or appurtenances thereto.
3 (b) A conservation right shall be taken to include a
4 preservation restriction as that term is defined in Section
5 11-48.2-1A of the "Illinois Municipal Code", as now or
6 hereafter amended, and shall not be unenforceable on account
7 of lack of privity of estate or contract or lack of benefit
8 to particular land or on account of the benefit being
9 assigned or assignable. Conservation rights shall be
10 construed and enforced in accordance with their terms, and
11 shall be transferable and transferred, recorded and indexed,
12 in the same manner as fee simple interests in real property,
13 subject only to the limitations provided herein.
14 Conservation rights may be released by the holder of such
15 rights to the holder of the fee even though the holder of the
16 fee may not be an agency of the State, a unit of local
17 government or a not-for-profit corporation or trust.
18 A grant pursuant to this Act shall be valid for any
19 period of time as may be specified in the instrument by which
20 it is created, notwithstanding any rule against perpetuities,
21 law of marketable title, or similar law restricting the
22 duration of interests in land. The holder of a grant
23 pursuant to this Act shall not be required to record any
24 instrument subsequent to the recording of the grant in order
25 to maintain or continue the validity of such grant. In the
26 event that the duration of a grant is not specified in the
27 instrument by which a grant is created, the duration of a
28 grant shall be deemed to be perpetual.
29 The holder of such rights shall also be permitted to
30 transfer or assign such rights but only to another agency of
31 the State, a unit of local government or to a not-for-profit
32 corporation or trust.
33 (Source: P.A. 80-584.)
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1 (765 ILCS 120/2) (from Ch. 30, par. 402)
2 Sec. 2. Any owner of real property in this State may
3 convey a conservation right in such real property to the
4 United States or any agency of the federal government an
5 agency of the State, to a unit of local government, or to a
6 not-for-profit corporation or trust whose primary purposes
7 include the conservation of land, natural areas, farmed
8 lands, open space or water areas, or the preservation of
9 native plants or animals, or biotic communities, or
10 geographic formations of scientific, aesthetic, or
11 educational interest, or the preservation of buildings,
12 structures or sites of historical, architectural,
13 archeological or cultural significance.
14 No conveyance of such conservation rights shall take
15 effect until such conveyance is accepted by the grantee.
16 Acceptance of such conservation rights may be conditioned
17 upon any requirements which are deemed proper by the grantee.
18 Such requirements may include the payment of funds by the
19 grantor to provide for the management of such conservation
20 rights.
21 (Source: P.A. 80-584.)
22 (765 ILCS 120/4) (from Ch. 30, par. 404)
23 Sec. 4. A conservation right created pursuant to this
24 Act may be enforced in an action seeking injunctive relief,
25 specific performance, or damages in the circuit court of the
26 county in which the area, place, building, structure or site
27 is located by any of the following:
28 (a) the United States or any agency of the federal
29 government, the State of Illinois, or any unit of local
30 government;
31 (b) any not-for-profit corporation or trust which owns
32 the conservation right;
33 (c) the owner of any real property abutting or within
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1 500 feet of the real property subject to the conservation
2 right. Any owner of property subject to a conservation right
3 who wilfully violates any term of such conservation right
4 may, in the court's discretion, be held liable for punitive
5 damages in an amount equal to the value of the real property
6 subject thereto.
7 (Source: P.A. 80-584.)