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91_HB1688eng HB1688 Engrossed 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 HB1688 Engrossed -2- LRB9104018KSmg 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.) HB1688 Engrossed -3- LRB9104018KSmg 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 HB1688 Engrossed -4- LRB9104018KSmg 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 HB1688 Engrossed -5- LRB9104018KSmg 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 HB1688 Engrossed -6- LRB9104018KSmg 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 No conservation easement held by a public body shall 34 diminish the powers granted in any other law to acquire by HB1688 Engrossed -7- LRB9104018KSmg 1 purchase, gift, grant, eminent domain, or otherwise and to 2 use land for public purposes. 3 (Source: P.A. 80-584.) 4 (765 ILCS 120/2) (from Ch. 30, par. 402) 5 Sec. 2. Any owner of real property in this State may 6 convey a conservation right in such real property to the 7 United States or any agency of the federal government an 8 agency of the State, to a unit of local government, or to a 9 not-for-profit corporation or trust whose primary purposes 10 include the conservation of land, natural areas, farmed 11 lands, open space or water areas, or the preservation of 12 native plants or animals, or biotic communities, or 13 geographic formations of scientific, aesthetic, or 14 educational interest, or the preservation of buildings, 15 structures or sites of historical, architectural, 16 archeological or cultural significance. 17 No conveyance of such conservation rights shall take 18 effect until such conveyance is accepted by the grantee. 19 Acceptance of such conservation rights may be conditioned 20 upon any requirements which are deemed proper by the grantee. 21 Such requirements may include the payment of funds by the 22 grantor to provide for the management of such conservation 23 rights. 24 (Source: P.A. 80-584.) 25 (765 ILCS 120/4) (from Ch. 30, par. 404) 26 Sec. 4. A conservation right created pursuant to this 27 Act may be enforced in an action seeking injunctive relief, 28 specific performance, or damages in the circuit court of the 29 county in which the area, place, building, structure or site 30 is located by any of the following: 31 (a) the United States or any agency of the federal 32 government, the State of Illinois, or any unit of local HB1688 Engrossed -8- LRB9104018KSmg 1 government; 2 (b) any not-for-profit corporation or trust which owns 3 the conservation right; 4 (c) the owner of any real property abutting or within 5 500 feet of the real property subject to the conservation 6 right. Any owner of property subject to a conservation right 7 who wilfully violates any term of such conservation right 8 may, in the court's discretion, be held liable for punitive 9 damages in an amount equal to the value of the real property 10 subject thereto. 11 (Source: P.A. 80-584.)