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91_HB1688enr HB1688 Enrolled 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 Enrolled -2- LRB9104018KSmg 1 as a nature preserve buffer under the Illinois Natural 2 Areas Preservation Act, for the purposes of this 3 paragraph, is encumbered by a public easement and shall 4 be depreciated for assessment purposes to a level at 5 which its valuation shall be $1 per acre or portion 6 thereof. 7 This Section is subject to and modified by Sections 8 10-110 through 10-140 and 11-5 through 11-65. 9 (Source: P.A. 84-1343; 88-455.) 10 (35 ILCS 200/22-70) 11 Sec. 22-70. Easements and covenants running with the 12 land. A tax deed issued with respect to any property sold 13 under this Code shall not extinguish or affect any 14 conservation right, easement, covenant running with the land 15 or right-of-way for water, sewer, electricity, gas, telephone 16 or other public service use which was created, on or over 17 that real property before the time that property was sold 18 under this Code and which is evidenced either by a recorded 19 instrument or by wires, poles, pipes, equipment or other 20 public service facilities. When the property described in a 21 tax deed issued under this Code is a dominant or a servient 22 tenement with respect to any private easement or easements, 23 created in good faith expressly or by operation of law for 24 the benefit of a dominant tenement or tenements, with respect 25 to the easement or easements the tax deed shall have the same 26 effect as a deed of conveyance made by the owner of the 27 property to the tax deed grantee, just prior to the issuance 28 of the deed. 29 This Section does not apply to tax deeds issued because 30 the owner of any easement, covenant running with the land or 31 right-of-way has failed to pay taxes or special assessments 32 assessed for that easement, covenant running with the land or 33 right-of-way. HB1688 Enrolled -3- LRB9104018KSmg 1 (Source: Laws 1967, p. 2744; P.A. 88-455.) 2 Section 10. The Code of Civil Procedure is amended by 3 changing Section 7-101 as follows: 4 (735 ILCS 5/7-101) (from Ch. 110, par. 7-101) 5 Sec. 7-101. Compensation - Jury. Private property shall 6 not be taken or damaged for public use without just 7 compensation, and in all cases in which compensation is not 8 made by the state in its corporate capacity, or a political 9 subdivision of the state, or municipality in its respective 10 corporate capacity, such compensation shall be ascertained by 11 a jury, as hereinafter prescribed. Where compensation is so 12 made by the state, a political subdivision of the state, or 13 municipality, any party upon application may have a trial by 14 jury to ascertain the just compensation to be paid. Such 15 demand on the part of the state, a political subdivision of 16 the state, or municipality, shall be filed with the complaint 17 for condemnation of the state, a political subdivision of the 18 state, or municipality. Where the state, a political 19 subdivision of the state, or municipality is plaintiff, a 20 defendant desirous of a trial by jury must file a demand 21 therefor on or before the return date of the summons served 22 on him or her or fixed in the publication in case of 23 defendants served by publication. In the event no party in 24 the condemnation action demands a trial by jury as provided 25 for by this Section, then the trial shall be before the court 26 without a jury. The right to just compensation as provided in 27 this Article applies to the owner or owners of any lawfully 28 erected off-premises outdoor advertising sign that is 29 compelled to be altered or removed under this Article or any 30 other statute, or under any ordinance or regulation of any 31 municipality or other unit of local government, and also 32 applies to the owner or owners of the property on which that HB1688 Enrolled -4- LRB9104018KSmg 1 sign is erected. The right to just compensation as provided 2 in this Article applies to property subject to a conservation 3 right under the Real Property Conservation Rights Act. The 4 amount of compensation for the taking of the property shall 5 not be diminished or reduced by virtue of the existence of 6 the conservation right. The holder of the conservation right 7 shall be entitled to just compensation for the value of the 8 conservation right. 9 (Source: P.A. 87-1205.) 10 Section 15. The Real Property Conservation Rights Act is 11 amended by changing Sections 1, 2, and 4 as follows: 12 (765 ILCS 120/1) (from Ch. 30, par. 401) 13 Sec. 1. (a) A conservation right is a right, whether 14 stated in the form of a restriction, easement, covenant or 15 condition, or, without limitation, in any other form in any 16 deed, will, plat, or without limitation any other instrument 17 executed by or on behalf of the owner of land or in any 18 condemnation order of taking, appropriate to preserving: (i) 19 the significant physical character and visual 20 characteristics of structures having architectural, 21 historical, or cultural significance, together with any 22 associated real property, whether or not improved; or (ii) 23 land or water areas predominantly in their natural, scenic, 24 open or wooded condition, or as suitable habitat for fish, 25 plants, or wildlife; or (iii) the integrity of 26 archaeological sites and the artifacts or information which 27 they may contain pending properly supervised excavation and 28 investigation. Without limiting the generality of the 29 foregoing, the instrument conveying or reserving a 30 conservation right may, with respect to either the grantor or 31 grantee, require, prohibit, condition, limit or control any 32 or all of the following: HB1688 Enrolled -5- LRB9104018KSmg 1 (1) access or public visitation; 2 (2) affirmative acts of alteration, restoration, 3 rehabilitation, repair, maintenance, investigation, 4 documentation, payment of taxes, or compliance with public 5 law and regulations; 6 (3) conditions of operation, use, restoration, 7 alteration, repair or maintenance; 8 (4) acts detrimental to the preservation of a place; 9 (5) the construction, placement, maintenance in a 10 particular condition, alteration, or removal of roads, signs, 11 billboards or other advertising, utilities or other 12 structures on or above the ground; 13 (6) the dumping or placing of soil or other substance or 14 material as landfill, or dumping or placing of trash, waste 15 or other materials; 16 (7) the excavation, dredging or removal of loam, peat, 17 gravel, soil, rock or other material substance in such manner 18 as to affect the surface or to otherwise alter the topography 19 of the area; 20 (8) the removal or destruction of trees, shrubs or other 21 vegetation; 22 (9) surface use inconsistent with preservation of water 23 or land areas, or the improvement or appurtenance thereto; 24 (10) activities affecting drainage, flood control, water 25 conservation, erosion control or soil conservation, or fish 26 and wildlife habitat preservation; or 27 (11) any other acts or uses having relation to the 28 preservation of structures, sites and water or land areas or 29 the improvements or appurtenances thereto. 30 (b) A conservation right shall be taken to include a 31 preservation restriction as that term is defined in Section 32 11-48.2-1A of the "Illinois Municipal Code", as now or 33 hereafter amended, and shall not be unenforceable on account 34 of lack of privity of estate or contract or lack of benefit HB1688 Enrolled -6- LRB9104018KSmg 1 to particular land or on account of the benefit being 2 assigned or assignable. Conservation rights shall be 3 construed and enforced in accordance with their terms, and 4 shall be transferable and transferred, recorded and indexed, 5 in the same manner as fee simple interests in real property, 6 subject only to the limitations provided herein. 7 Conservation rights may be released by the holder of such 8 rights to the holder of the fee even though the holder of the 9 fee may not be an agency of the State, a unit of local 10 government or a not-for-profit corporation or trust. 11 The holder of a grant pursuant to this Act shall not be 12 required to record any instrument subsequent to the recording 13 of the grant in order to maintain or continue the validity of 14 the grant. 15 The holder of such rights shall also be permitted to 16 transfer or assign such rights but only to another agency of 17 the State, a unit of local government or to a not-for-profit 18 corporation or trust. 19 (Source: P.A. 80-584.) 20 (765 ILCS 120/2) (from Ch. 30, par. 402) 21 Sec. 2. Any owner of real property in this State may 22 convey a conservation right in such real property to the 23 United States or any agency of the federal government an 24 agency of the State, to a unit of local government, or to a 25 not-for-profit corporation or trust whose primary purposes 26 include the conservation of land, natural areas, open space 27 or water areas, or the preservation of native plants or 28 animals, or biotic communities, or geographic formations of 29 scientific, aesthetic, or educational interest, or the 30 preservation of buildings, structures or sites of historical, 31 architectural, archeological or cultural significance. 32 No conveyance of such conservation rights shall take 33 effect until such conveyance is accepted by the grantee. HB1688 Enrolled -7- LRB9104018KSmg 1 Acceptance of such conservation rights may be conditioned 2 upon any requirements which are deemed proper by the grantee. 3 Such requirements may include the payment of funds by the 4 grantor to provide for the management of such conservation 5 rights. 6 (Source: P.A. 80-584.) 7 (765 ILCS 120/4) (from Ch. 30, par. 404) 8 Sec. 4. A conservation right created pursuant to this 9 Act may be enforced in an action seeking injunctive relief, 10 specific performance, or damages in the circuit court of the 11 county in which the area, place, building, structure or site 12 is located by any of the following: 13 (a) the United States or any agency of the federal 14 government, the State of Illinois, or any unit of local 15 government; 16 (b) any not-for-profit corporation or trust which owns 17 the conservation right; 18 (c) the owner of any real property abutting or within 19 500 feet of the real property subject to the conservation 20 right. Any owner of property subject to a conservation right 21 who wilfully violates any term of such conservation right 22 may, in the court's discretion, be held liable for punitive 23 damages in an amount equal to the value of the real property 24 subject thereto. 25 (Source: P.A. 80-584.)