Bill Status of HB 2601   101st General Assembly

Short Description:  PROPERTY-CONSERVATION RIGHTS

House Sponsors
Rep. Bob Morgan, Ann M. Williams, Michael J. Zalewski, Delia C. Ramirez, Robyn Gabel, Theresa Mah, Margo McDermed and Jennifer Gong-Gershowitz

Senate Sponsors
(Sen. Melinda Bush)


Last Action  View All Actions

DateChamber Action
  7/26/2019HousePublic Act . . . . . . . . . 101-0142

Statutes Amended In Order of Appearance
765 ILCS 120/1from Ch. 30, par. 401
765 ILCS 120/2from Ch. 30, par. 402
765 ILCS 120/4from Ch. 30, par. 404
765 ILCS 120/6from Ch. 30, par. 406

Synopsis As Introduced
Amends the Real Property Conservation Rights Act. Provides that a conservation right may be amended or modified from time to time only by a written instrument executed by the grantor and grantee and recorded with the office of the recorder of deeds of the county in which the land is located. Provides that either party may, in the absolute discretion of the party, withhold consent to any amendment or modification requested by the other party. Provides that an amendment or modification shall not materially and adversely affect the conservation purposes of the conservation right or facilitate the extinguishment of the conservation right. Provides that the consent of any party other than the grantor and grantee is not required for amendment or modification, even if the other party is entitled to enforce an easement. Provides that the conservation right may contain other requirements for amendment or modification, and such other requirements shall control. Provides that a unit of local government has the authority to grant a conservation right on property that it owns to another unit of government or to a not-for-profit corporation or trust that meets certain criteria. Provides that an action to enforce a conservation right may be brought by any party entitled to enforce the conservation right against a nonowner who is violating the terms of the conservation right. Provides that a notice of violation may be recorded by the holder of the conservation right against any property that the holder of the conservation right reasonably determines is in violation of the conservation right. Provides that a conservation right shall not be extinguished by adverse possession, a claim of abandonment, or merger, and may be extinguished only by such procedure as may be set forth in the conservation right or by a release of the conservation right in accordance with the terms of the conservation right. Provides that no prescriptive easement shall be established that adversely impacts the conservation values protected by the conservation right. Effective immediately.

House Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Deletes language providing that a notice of violation may be recorded by the holder of the conservation right against any property that the holder of the conservation right reasonably determines is in violation of the conservation right. Provides instead that if the holder of a conservation right reasonably determines that there is a violation of the right, the holder of the conservation right may record a notice of violation against the property for which the conservation right applies. Effective immediately.

Actions 
DateChamber Action
  2/14/2019HouseFiled with the Clerk by Rep. Bob Morgan
  2/14/2019HouseFirst Reading
  2/14/2019HouseReferred to Rules Committee
  2/26/2019HouseAssigned to Judiciary - Civil Committee
  2/27/2019HouseTo Commercial Law Subcommittee
  3/11/2019HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Bob Morgan
  3/11/2019HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/13/2019HouseRecommends Do Pass Subcommittee/ Judiciary - Civil Committee; 007-000-000
  3/13/2019HouseReported Back To Judiciary - Civil Committee;
  3/13/2019HouseAdded Co-Sponsor Rep. Ann M. Williams
  3/14/2019HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  3/14/2019HouseAdded Co-Sponsor Rep. Delia C. Ramirez
  3/14/2019HouseAdded Co-Sponsor Rep. Robyn Gabel
  3/14/2019HouseAdded Co-Sponsor Rep. Theresa Mah
  3/14/2019HouseAdded Co-Sponsor Rep. Margo McDermed
  3/19/2019HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  3/20/2019HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  3/20/2019HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 014-000-000
  3/21/2019HousePlaced on Calendar 2nd Reading - Short Debate
  3/26/2019HouseSecond Reading - Short Debate
  3/26/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/27/2019HouseAdded Co-Sponsor Rep. Jennifer Gong-Gershowitz
  3/29/2019HouseThird Reading - Short Debate - Passed 097-000-000
  4/3/2019SenateArrive in Senate
  4/3/2019SenatePlaced on Calendar Order of First Reading
  4/3/2019SenateChief Senate Sponsor Sen. Melinda Bush
  4/3/2019SenateFirst Reading
  4/3/2019SenateReferred to Assignments
  4/24/2019SenateAssigned to Judiciary
  5/2/2019SenateDo Pass Judiciary; 009-000-000
  5/2/2019SenatePlaced on Calendar Order of 2nd Reading May 7, 2019
  5/16/2019SenateSecond Reading
  5/16/2019SenatePlaced on Calendar Order of 3rd Reading May 17, 2019
  5/21/2019SenateThird Reading - Passed; 056-000-001
  5/21/2019HousePassed Both Houses
  6/19/2019HouseSent to the Governor
  7/26/2019HouseGovernor Approved
  7/26/2019HouseEffective Date July 26, 2019
  7/26/2019HousePublic Act . . . . . . . . . 101-0142

Back To Top