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92_HB3247gms
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
GEORGE H. RYAN
GOVERNOR
February 8, 2002
To the Honorable Members of the
Illinois House of Representatives
92nd General Assembly
Pursuant to the authority vested in the Governor by
Article IV, Section 9(e) of the Illinois Constitution of
1970, and re-affirmed by the People of the State of Illinois
by popular referendum in 1974, and conforming to the standard
articulated by the Illinois Supreme Court in People ex Rel.
Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental
Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387
(1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d
356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186
(1987), that gubernatorial action be consistent with the
fundamental purposes and the intent of the bill, I hereby
return House Bill 3247 entitled "AN ACT in relation to
certain land," with my specific recommendations for change.
House Bill 3247 proposes to release easements, restore
access rights and convey interest in certain described in
Illinois for the Illinois Department of Transportation. It
also proposes property transfers for the Illinois Attorney
General, the Department of Central Management Services, the
Department of Corrections and the Department of Natural
Resources. It also would allow the Cook County Forest
Preserve to transfer certain excess property and allow the
Metropolitan Water Reclamation District to annex additional
property.
With respect to one parcel under the control of the
Department of Transportation House Bill 3247 contains an
inaccurate legal description in Section 985. The legal
description included in the bill for the Ariston Cafe' is for
property already owned by the cafe', not the excess property
that they are seeking to annex. The sponsors of this
conveyance agree it should be removed from the bill.
Concerns have been raised recently regarding the
conveyance of parcels of recreational open space and wetlands
adjacent to the Illinois Youth Center from the Department of
Corrections to the cities of St. Charles and Geneva. Some
have questioned why the State would convey these large
parcels of land at not cost while in the midst of declining
state revenues. They argue that the State instead should
consider selling this open space to help solve the budget
shortfall.
The fact is these hundreds of acres of open space would
have a value of $16 million to $20 million only if it were
sold to developers, thereby depriving area residents of vital
recreational land they have enjoyed for 30 years. It also
should be noted that over 100 years ago community residents
donated this land to the State; therefore, it is reasonable
for these communities to except that they should not be
required to buy back surplus parcels the State does not need.
My Administration has helped preserve more than 68,000
acres of land for public use, a record amount that eclipses
the 38,000 acres preserved during the previous eight years.
My $200 million Open Land Trust program is unparalleled in
the history of Illinois in preserving some 42,000 acres of
open space, parkland, natural areas and recreational trails
for the public trust. The ongoing Conservation 2000 program,
which is designed to preserve and enhance wildlife habitats
and to increase recreational facilities, has protected more
than 21,000 acres since I took office. Our efforts also
include the Conservation Reserve Enhancement Program, a $500
million, multi-year federal-state program to reduce erosion
and restore wetlands and habitats in areas like the Illinois
River. Since 1999, the CREP program has restored more than
115,000 acres and permanently protected more than 15,000
acres of floodplain.
Given the great strides we have made in preserving open
space in Illinois over the past three years, I will not agree
with the short-sighted notion that we try to help solve
today's temporary budget shortfall by resorting to the
permanent loss of this vast acreage of open space.
Finally, while the local recipients of these conveyances
have agreed to hold the land in the public trust, I believe
the State should require this in the law as a condition of
conveyances. Therefore, I recommend that language be added to
the bill causing the land to revert to State ownership if the
local owners fail in the future to abide by their commitment.
For these reasons, I hereby return House Bill 3247 with
the following specific recommendations for change:
On page 74, after line 30, insert:
"Language establishing a reverter without further action
to the State of Illinois should the land be used for
purposes other than public purposes shall be placed in
the quitclaim deed conveying said property,"; and
On page 77, after line 32, insert:
Language establishing a reverter without further action
to the State of Illinois should the land be used for
purposes other than public purposes shall be placed in
the quitclaim deed conveying said property."; and
On page 79, line 2, delete "100" and replace it with
"10"; and
On page 79, line 3, delete "east", and replace it with
"west"; and
On page 79, after line 4, insert:
"Language establishing a reverter without further action
to the State of Illinois should the land be used for
purposes other than public purposes shall be placed in
the quitclaim deed conveying said property."; and
On page 80, after line 4, insert:
"Language establishing a reverter without further action
to the State of Illinois should the land be used for
purposes other than public purposes shall be placed in
the quitclaim deed conveying said property."; and
On page 83, after line 23, insert:
"Language establishing a reverter without further action
to the State of Illinois should the land be used for
purposes other than public purposes shall be placed in
the quitclaim deed conveying said property."; and
On page 84, after line 26, insert:
"Language establishing a reverter without further action
to the State of Illinois should the land be used for
purposes other than public purposes shall be placed in
the quitclaim deed conveying said property."; and
On page 104, delete lines 28 through 32; and
On page 105, delete lines 1 through 21.
With these changes, House Bill 3247 will have my
approval. I respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor