093_HB3597
LRB093 07073 BDD 07225 b
1 AN ACT concerning property rights.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short Title. This Act may be cited as the
5 Illinois Vested Property Rights Act.
6 Section 5. Purpose. It is the intent of the General
7 Assembly to encourage a stronger commitment to comprehensive
8 and capital facilities planning, ensure the provision of
9 adequate public facilities for development, encourage the
10 efficient use of resources, and reduce the economic cost of
11 development.
12 Section 10. Findings.
13 (a) The General Assembly finds that the lack of
14 certainty in the approval of developments can result in a
15 waste of economic and land resources, can discourage sound
16 capital improvement planning and financing, can cause the
17 cost of housing and development to escalate, and can
18 discourage commitment to comprehensive planning. It is
19 necessary and desirable, as a matter of public policy, to
20 provide for the establishment of vested property rights in
21 order to ensure reasonable certainty, stability, and fairness
22 in the land use planning process, to secure the reasonable
23 investment-backed expectations of landowners in order to
24 stimulate economic growth, and to foster cooperation between
25 the public and private sectors.
26 (b) Assurance to a developer that upon receipt of its
27 zoning approval or development permits it may proceed in
28 accordance with existing laws, policies, and ordinances
29 strengthens the public planning process, encourages sound
30 capital improvement planning and financing, assists in
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1 assuring there are adequate capital facilities for the
2 development, encourages private participation in
3 comprehensive planning, reduces the economic costs of
4 development, allows for the orderly planning of public
5 facilities and services, and allows for the equitable
6 allocation of the cost of public services.
7 (c) Because the development approval process involves
8 the expenditure of considerable sums of money, predictability
9 encourages the maximum efficient utilization of resources at
10 the least economic cost to the public. The ability of a
11 landowner to obtain a vested property right when the property
12 is zoned will preserve the prerogatives and authority of
13 local government with respect to land use matters, while
14 promoting those areas of State-wide concern described herein.
15 The establishment of vested property rights will promote the
16 goals specified in this Act in a manner consistent with the
17 State constitution, which guarantees to each person the
18 inalienable right to acquire, possess, and protect property,
19 and is therefore declared to be a matter of state-wide
20 concern.
21 (d) Public benefits derived from orderly and planned
22 development may include, but are not limited to, affordable
23 housing, more cost effective design standards, and
24 construction of needed infastructure, both on and off site,
25 and other improvements.
26 (e) Land planning and development involve review and
27 action by multiple governmental agencies. The granting of the
28 vesting of development rights may facilitate the cooperation
29 and coordination of the requirements and needs of the various
30 governmental agencies having jurisdiction over land
31 development.
32 (f) The vesting of property rights by protecting these
33 rights from the effect of subsequently enacted local
34 legislation or from the effects of changing policies and
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1 procedures of local government agencies that may conflict
2 with any term or provision of the development or in any way
3 hinder, restrict, or prevent the development of the project.
4 The vesting of property rights will provide a reasonable
5 certainty as to the lawful requirements that must be met in
6 development of the project, while maintaining the authority
7 and duty of government to enforce laws and regulations which
8 promote the public safety, health, and general welfare of the
9 citizens of our State that are otherwise specifically
10 authorized by existing statutes.
11 (g) This intent will be carried out by authorizing the
12 appropriate local governments to enter into development
13 agreements with developers, subject to the express powers
14 granted to it by the General Assembly and the requirements of
15 this Act.
16 Section. 15. Definitions. In this Act:
17 "Application" means a substantially complete application
18 for approval of a site-specific development plan that has
19 been submitted to a local government in compliance with
20 applicable requirements established by the local government.
21 For local governments that have provided for the review and
22 approval of site-specific development plans in multiple
23 stages, "application" means the original application at the
24 first stage in any process that may culminate in the ultimate
25 approval of a site-specific development plan.
26 "Development" includes redevelopment of property.
27 "Landowner" means any owner of a legal or equitable
28 interest in real property and includes the heirs, successors,
29 and assigns of these ownership interests.
30 "Local government" means any county, municipality, city,
31 village, town, or other governmental unit, whether home rule
32 or not, acting through its governing body or any board,
33 council, commission, or agency with final approval authority
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1 over the zoning restrictions of property, site-specific
2 development plans, or land use controls affecting the vested
3 rights of landowners.
4 "Property" means all real property subject to land use
5 regulation by a local government.
6 "Vested property right" means the right to undertake and
7 complete the development and use of property under the terms
8 and conditions of the statutes, laws, ordinances, and
9 regulations that are in place at the time of the submittal of
10 the application.
11 "Site-specific development plan" means a plan that has
12 been submitted to a local government by a landowner or the
13 landowner's representative describing, with reasonable
14 certainty, the type and intensity of the use for a specific
15 parcel or parcels of property. This plan may be in the form
16 of, but need not be limited to, any of the following plans or
17 approvals: (a) planned unit development plan; (b) a
18 subdivision plat; (c) a specially planned area; (d) a planned
19 building group; (e) a general submission plan;(f) a
20 preliminary or general development plan; (g) a conditional or
21 special use plan; (h) a preliminary plan; (i) a preliminary
22 plat; (j) petition for special use; (k) petition for
23 variance; or (l) any other land use approval designation as
24 may be used by the local government. The application of the
25 site-specific development plan shall trigger a vested
26 property right.
27 "Zoning" includes, but is not limited to, existing zoning
28 classification of property at the time of the effective date
29 of this Act of the 93rd General Assembly and includes
30 rezoning applications and restrictions.
31 Section 20. Establishment of vested property right.
32 (a) A vested property right is established with respect
33 to any property upon the submittal of an application for
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1 approval or conditional approval of a site-specific
2 development plan, regardless of whether the site-specific
3 development plan is submitted with a request for a zoning
4 restriction for the property.
5 (b) A vested property right shall attach to and run with
6 the applicable property and shall confer upon the landowner
7 the right to undertake and complete the development and use
8 of the property under the terms and conditions of the
9 site-specific development plan according to the applicable
10 statutes, laws, ordinances and regulations that pertain to
11 the zoning classification, or reclassification, that are in
12 effect at the time that the application is submitted. A
13 site-specific development plan shall be deemed approved upon
14 the effective date of the local government legal action,
15 resolution, or ordinance relating thereto.
16 Section 25. Duration.
17 (a) A property right that has been vested as provided
18 for in this Act shall remain vested for a period of 10 years.
19 This period may not be extended unless expressly authorized
20 by the local government.
21 (b) Following the approval or conditional approval of a
22 zoning or rezoning classification or of a site-specific
23 developmental plan, nothing in this Act shall exempt any
24 landowner from requirements established by the local
25 government for plat approval of any subsequent subdivision of
26 the property.
27 Section 30. Jurisdiction. A vested property right
28 arising while one local government has jurisdiction over all
29 or part of the property included within a site-specific
30 development plan shall be effective against any other local
31 government that may subsequently obtain or assert
32 jurisdiction over the property.
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1 Section 35. Application and construction.
2 (a) Nothing in this Act precludes judicial determination
3 that a vested property right exists in a particular case or
4 that a compensable taking has occurred.
5 (b) Nothing in this Act shall be construed to impair,
6 affect, or invalidate any rights vested in connection with
7 planned unit developments or subdivisions that have been
8 approved prior to the effective date of this Act of the 93rd
9 General Assembly.
10 (c) This Act applies to all zoning classifications
11 existing at the time of the effective date of this Act of the
12 93rd General Assembly, and all property rights shall vest at
13 the time of this effective date.
14 (d) This Act shall not limit or otherwise restrict a
15 landowner from seeking rezoning of existing or future
16 property.
17 (e) Nothing in this Act shall be construed to waive the
18 requirements for substantial compliance by a local government
19 with the subdivision requirements and appropriate regulations
20 promulgated thereunder.
21 (f) This Act shall be liberally construed to further the
22 purposes of this Act.
23 Section 40. Home rule. The provisions of this Act shall
24 apply to all municipalities and other units of local
25 government including but not limited to home rule units of
26 government. This Section is a limitation under subsection (i)
27 of Section 6 of Article VII of the Illinois Constitution on
28 the concurrent exercise by home rule units of powers and
29 functions exercised by the State.