Public Act 098-0281
 
SB1499 EnrolledLRB098 02653 OMW 32658 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Cook County Forest Preserve District Act is
amended by changing Sections 7, 8, and 8.1 as follows:
 
    (70 ILCS 810/7)  (from Ch. 96 1/2, par. 6410)
    Sec. 7. Any forest preserve district shall have the power
to create forest preserves, and for that purpose shall have the
power to acquire in fee simple or by easements in land, in the
manner hereinafter provided, and hold lands containing one or
more natural forests or parts thereof or land or lands
connecting such forests or parts thereof, or lands capable of
being forested, for the purpose of protecting and preserving
the flora, fauna, and scenic beauties within such district, and
to restore, restock, protect and preserve the natural forests
and such lands together with their flora and fauna, as nearly
as may be, in their natural state and condition, for the
purpose of the education, pleasure, and recreation of the
public. Lands may be acquired in fee simple or by easements in
land for the consolidation of such preserves into unit areas of
size and form convenient and desirable for public use and
economical maintenance and improvement and when in the judgment
of the Board the public access, use, and enjoyment of such
preserves and other purposes of this Act will be served by
connecting any such preserves with forested ways or links,
lands for connecting links of such width, length, and location
as the Board deem necessary or desirable may be acquired in fee
simple or by easements in land and held for such purposes and
improved by forestation, roads, and pathways. Any such district
may also acquire lands in fee simple or by easements in land
along or enclosing water courses, drainage ways, lakes, ponds,
planned impoundments or elsewhere which, in the judgment of its
Board are required to store flood waters, or control other
drainage and water conditions, or to recycle secondary treated
sewage effluents or wastewater through the production and sale
of agricultural, silvicultural or aquacultural products,
necessary for the preservation and management of the water
resources of the district, provided no debris, tree, tree
limbs, logs, shrubbery, or related growths and trimmings
therefrom shall be deposited in, along, or upon the bank of any
waters and water courses within the State of Illinois or any
tributary thereto where the same shall be liable to be washed
into or deposited along waters and water courses, either by
normal or flood flows, as a result of storms or otherwise,
which may in any manner impede or obstruct the natural flow of
such waters and water courses. Unforested lands adjacent to
forest preserves may also be acquired in fee simple or by
easements in land to provide for extension of roads and
forested ways around and by such preserves and for parking
space for automobiles and other facilities not requiring
forested areas but incidental to the use and protection
thereof. All work done in or along any water course shall be
done in accordance with the provisions of "An Act in relation
to the regulation of the rivers, lakes, and streams of the
State of Illinois," approved June 10, 1911, as heretofore and
hereafter amended, insofar as such Act may be applicable.
(Source: P.A. 80-320.)
 
    (70 ILCS 810/8)  (from Ch. 96 1/2, par. 6411)
    Sec. 8. Any forest preserve district shall have power to
acquire easements in land, lands in fee simple and grounds
within such district for the aforesaid purposes by gift, grant,
legacy, purchase or condemnation and to construct, lay out,
improve and maintain wells, power plants, comfort stations,
shelter houses, paths, driveways, roadways and other
improvements and facilities in and through such forest
preserves as it shall deem necessary or desirable for the use
of such forest preserves by the public. Such forest preserve
districts shall also have power to lease not to exceed 40 acres
of the lands and grounds acquired by it, for a term of not more
than 99 years to veterans' organizations as grounds for
convalescing sick and disabled veterans, and as a place upon
which to construct rehabilitation quarters, or to a county as
grounds for a county nursing home or convalescent home. Any
such forest preserve district shall also have power to grant
licenses, easements and rights-of-way for the construction,
operation and maintenance upon, under or across any property of
such district of facilities for water, sewage, telephone,
telegraph, electric, gas or other public service, subject to
such terms and conditions as may be determined by such
district.
    Whenever the board determines that the public interest will
be subserved by vacating any street, roadway, or driveway, or
part thereof, located within a forest preserve, it may vacate
that street, roadway, or driveway, or part thereof, by an
ordinance passed by the affirmative vote of at least 3/4 of all
the members of the board.
    The determination of the board that the nature and extent
of the public use or public interest to be subserved is such as
to warrant the vacation of any street, roadway, or driveway, or
part thereof, is conclusive, and the passage of such an
ordinance is sufficient evidence of that determination,
whether so recited in the ordinance or not. The relief to the
public from further burden and responsibility of maintaining
any street, roadway or driveway, or part thereof, constitutes a
public use or public interest authorizing the vacation.
    Nothing contained in this Section shall be construed to
authorize the board to vacate any street, roadway, or driveway,
or part thereof, that is part of any State or county highway.
    When property is damaged by the vacation or closing of any
street, roadway, or driveway, or part thereof, damage shall be
ascertained and paid as provided by law.
    Except in cases where the deed, or other instrument
dedicating a street, roadway, or driveway, or part thereof, has
expressly provided for a specific devolution of the title
thereto upon the abandonment or vacation thereof, whenever any
street, roadway, or driveway, or part thereof is vacated under
or by virtue of any ordinance of any forest preserve district,
the title to the land in fee simple included within the street,
roadway, or driveway, or part thereof, so vacated vests in the
forest preserve district.
    The board of any forest preserve district is authorized to
sell at fair market price, gravel, sand, earth and any other
material obtained from the lands and waters owned by the
district.
(Source: P.A. 83-388.)
 
    (70 ILCS 810/8.1)  (from Ch. 96 1/2, par. 6411.1)
    Sec. 8.1. Property owned by a forest preserve district and
property in which a forest preserve district is the grantee of
a conservation easement or grantee of a conservation right as
defined in Section 1(a) of the Real Property Conservation
Rights Act shall not be subject to eminent domain or
condemnation proceedings.
(Source: P.A. 80-1443.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.