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91_HB1960
LRB9103232MWpk
1 AN ACT to amend the Downstate Forest Preserve District
2 Act by changing Section 6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Downstate Forest Preserve District Act is
6 amended by changing Section 6 as follows:
7 (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
8 Sec. 6. Acquisition of property. Any such District shall
9 have power to acquire lands and grounds for the aforesaid
10 purposes by lease, or in fee simple by gift, grant, legacy,
11 purchase or condemnation, or to acquire easements in land,
12 and to construct, lay out, improve and maintain wells, power
13 plants, comfort stations, shelter houses, paths, driveways,
14 public roads, roadways and other improvements and facilities
15 in and through such forest preserves as they shall deem
16 necessary or desirable for the use of such forest preserves
17 by the public and may acquire, develop, improve and maintain
18 waterways in conjunction with the district. No district with
19 a population less than 600,000 shall have the power to
20 purchase, condemn, lease or acquire an easement in property
21 within a municipality without the concurrence of the
22 governing body of the municipality, except where such
23 district is acquiring land for a linear park or trail not to
24 exceed 100 yards in width or is acquiring land contiguous to
25 an existing park or forest preserve, and no municipality
26 shall annex any land for the purpose of defeating a District
27 acquisition once the District has given notice of intent to
28 acquire a specified parcel of land. No district with a
29 population of less than 500,000 shall (i) have the power to
30 condemn property for a linear park or trail within a
31 municipality without the concurrence of the governing body of
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1 the municipality or (ii) have the power to condemn property
2 for a linear park or trail in an unincorporated area without
3 the concurrence of the governing body of the township within
4 which the property is located or (iii) once having commenced
5 a proceeding to acquire land by condemnation, dismiss or
6 abandon that proceeding without the consent of the property
7 owners. No district shall establish a trail surface within 50
8 feet of an occupied dwelling which was in existence prior to
9 the approval of the acquisition by the district without
10 obtaining permission of the owners of the premises or the
11 concurrence of the governing body of the municipality or
12 township within which the property is located. All
13 acquisitions of land by a district with a population less
14 than 600,000 within 1 1/2 miles of a municipality shall be
15 preceded by a conference with the mayor or president of the
16 municipality or his designated agent. If a forest preserve
17 district is in negotiations for acquisition of land with
18 owners of land adjacent to a municipality, the annexation of
19 that land shall be deferred for 6 months. The district shall
20 have no power to acquire an interest in real estate situated
21 outside the district by the exercise of the right of eminent
22 domain, by purchase or by lease, but shall have the power to
23 acquire any such property, or an easement in any such
24 property, which is contiguous to the district by gift,
25 legacy, or grant, or lease by the State of Illinois, subject
26 to approval of the county board of the county, and of any
27 forest preserve district or conservation district, within
28 which the property is located. The district shall have the
29 same control of and power over land, an interest in which it
30 has so acquired, as over forest preserves within the
31 district. If any of the powers to acquire lands and hold or
32 improve the same given to Forest Preserve Districts, by
33 Sections 5 and 6 of this Act should be held invalid, such
34 invalidity shall not invalidate the remainder of this Act or
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1 any of the other powers herein given and conferred upon the
2 Forest Preserve Districts. Such Forest Preserve Districts
3 shall also have power to lease not to exceed 40 acres of the
4 lands and grounds acquired by it, for a term of not more than
5 99 years to veterans' organizations as grounds for
6 convalescing sick and disabled veterans, and as a place upon
7 which to construct rehabilitation quarters, or to a county as
8 grounds for a county nursing home or convalescent home. Any
9 such Forest Preserve District shall also have power to grant
10 licenses, easements and rights-of-way for the construction,
11 operation and maintenance upon, under or across any property
12 of such District of facilities for water, sewage, telephone,
13 telegraph, electric, gas or other public service, subject to
14 such terms and conditions as may be determined by such
15 District.
16 Any such District may purchase, but not condemn, a parcel
17 of land and sell a portion thereof for not less than fair
18 market value pursuant to resolution of the Board. Such
19 resolution shall be passed by the affirmative vote of at
20 least 2/3 of all members of the board within 30 days after
21 acquisition by the district of such parcel.
22 Whenever the board of any forest preserve district
23 determines that the public interest will be subserved by
24 vacating any street, roadway, or driveway, or part thereof,
25 located within a forest preserve, it may vacate that street,
26 roadway, or driveway, or part thereof, by an ordinance passed
27 by the affirmative vote of at least 3/4 of all the members of
28 the board. This vote shall be taken by ayes and nays and
29 entered in the records of the board.
30 The determination of the board that the nature and extent
31 of the public use or public interest to be subserved is such
32 as to warrant the vacation of any street, roadway, or
33 driveway, or part thereof, is conclusive, and the passage of
34 such an ordinance is sufficient evidence of that
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1 determination, whether so recited in the ordinance or not.
2 The relief to the public from further burden and
3 responsibility of maintaining any street, roadway or
4 driveway, or part thereof, constitutes a public use or public
5 interest authorizing the vacation.
6 Nothing contained in this Section shall be construed to
7 authorize the board of any forest preserve district to vacate
8 any street, roadway, or driveway, or part thereof, that is
9 part of any State or county highway.
10 When property is damaged by the vacation or closing of
11 any street, roadway, or driveway, or part thereof, damage
12 shall be ascertained and paid as provided by law.
13 Except in cases where the deed, or other instrument
14 dedicating a street, roadway, or driveway, or part thereof,
15 has expressly provided for a specific devolution of the title
16 thereto upon the abandonment or vacation thereof, and except
17 where such street, roadway or driveway, or part thereof, is
18 held by the district by lease, or where the district holds an
19 easement in the land included within the street, roadway or
20 driveway, whenever any street, roadway, or driveway, or part
21 thereof is vacated under or by virtue of any ordinance of any
22 forest preserve district, the title to the land in fee simple
23 included within the street, roadway, or driveway, or part
24 thereof, so vacated vests in the forest preserve district.
25 The board of any forest preserve district is authorized
26 to sell at fair market price, gravel, sand, earth and any
27 other material obtained from the lands and waters owned by
28 the district.
29 For the purposes of this Section, "acquiring land"
30 includes acquiring a fee simple, lease or easement in land.
31 (Source: P.A. 86-267; 86-1387; 87-847.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.