94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2823


 
Introduced 2/22/2005, by Rep. Tom Cross
 
SYNOPSIS AS INTRODUCED:
 		













765 ILCS 120/1
  from Ch. 30, par. 401







    Amends the Real Property Conservation Rights Act.  Makes a technical change in  a Section
defining a term under the Act.
















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A BILL FOR









 











HB2823

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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 5. The Real Property Conservation Rights Act is 
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amended by changing Section 1 as follows:
 



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    (765 ILCS 120/1)  (from Ch. 30, par. 401)



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    Sec. 1. (a) A conservation right is a right, whether stated 
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in the
the form
of a restriction, easement, covenant or 
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condition, or, without limitation,
in any other form in any 
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deed, will, plat, or without limitation any other
instrument 
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executed by or on behalf of the owner of land or in any 
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condemnation
order of taking, appropriate to preserving:  (i) 
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the significant physical
character and visual characteristics 
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of structures having architectural,
historical,  or cultural 
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significance, together with any associated real
property, 
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whether or not improved; or (ii) land or water areas 
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predominantly
in their natural, scenic,
open or wooded 
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condition, or as suitable habitat
for fish, plants, or 
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wildlife; or (iii) the integrity of archaeological
sites and 
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the artifacts or information which they may contain pending 
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properly
supervised excavation and investigation.  Without 
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limiting the generality
of the foregoing, the instrument 
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conveying or reserving a conservation right
may, with respect 
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to either the grantor or grantee, require, prohibit,
condition,

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limit or control any or all of the following:

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        (1) access or public visitation;


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        (2) affirmative acts of alteration, restoration, 
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    rehabilitation, repair,
maintenance, investigation, 
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    documentation, payment of taxes, or compliance
with public 
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    law and regulations;


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        (3) conditions of operation, use, restoration, 
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    alteration, repair or
maintenance;


 


 






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        (4) acts detrimental to the preservation of a place;


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        (5) the construction, placement, maintenance in a 
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    particular condition,
alteration, or removal of roads, 
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    signs, billboards or other advertising,
utilities or other 
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    structures on or above the ground;


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        (6) the dumping or placing of soil or other substance 
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    or material as
landfill,
or dumping or placing of trash, 
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    waste or other materials;


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        (7) the excavation, dredging or removal of loam, peat, 
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    gravel, soil, rock
or other material substance in such 
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    manner as to affect the surface or to
otherwise alter the 
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    topography of the area;


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        (8) the removal or destruction of trees, shrubs or 
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    other vegetation;


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        (9) surface use inconsistent with preservation of 
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    water or land areas,
or the improvement or appurtenance 
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    thereto;


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        (10) activities affecting drainage, flood control, 
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    water conservation,
erosion control or soil conservation, 
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    or fish and wildlife habitat
preservation; or


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        (11) any other acts or uses having relation to the 
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    preservation of
structures,
sites and water or land areas 
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    or the improvements or appurtenances thereto.

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    (b) A conservation right shall be taken to include a 
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preservation
restriction
as that term is defined in Section 
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11-48.2-1A of the "Illinois Municipal
Code", as now or 
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hereafter amended, and shall not be unenforceable on account
of 
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lack of privity of estate or contract or lack of benefit to 
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particular
land or on account of the benefit being assigned or 
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assignable.  Conservation
rights shall be construed and 
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enforced in accordance with their terms, and
shall be 
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transferable and transferred, recorded and indexed, in the same

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manner as fee simple interests in real property, subject only 
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to the
limitations
provided herein.

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    Conservation rights may be released by the holder of such 
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rights to the
holder of the fee even though the holder of the 
 


 






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fee may not be an agency
of the State, a unit of local 
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government or a not-for-profit corporation or
trust.

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    The holder of a grant pursuant to this Act shall not be 
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required to record
any instrument subsequent to the recording 
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of the grant in order to maintain or
continue the validity of 
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the grant.

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    The holder of such rights shall also be permitted to 
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transfer or assign
such rights but only to another agency of 
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the State, a unit of local government
or to a not-for-profit 
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corporation or trust.

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(Source: P.A. 91-497, eff. 1-1-00.)