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91_HB1960eng HB1960 Engrossed 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 HB1960 Engrossed -2- LRB9103232MWpk 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,orgrant, 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 HB1960 Engrossed -3- LRB9103232MWpk 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 HB1960 Engrossed -4- LRB9103232MWpk 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.