95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0478

 

Introduced 2/1/2007, by Rep. William B. Black

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/10-155

    Amends the Property Tax Code. Provides that if land is improved with a water-retention dam that is operated primarily for commercial purposes, that dam is not considered to be used for open space purposes despite the fact that any resulting man-made lake may be considered to be used for open space purposes.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning revenue.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Property Tax Code is amended by changing
5 Section 10-155 as follows:
 
6     (35 ILCS 200/10-155)
7     Sec. 10-155. Open space land; valuation. In all counties,
8 in addition to valuation as otherwise permitted by law, land
9 which is used for open space purposes and has been so used for
10 the 3 years immediately preceding the year in which the
11 assessment is made, upon application under Section 10-160,
12 shall be valued on the basis of its fair cash value, estimated
13 at the price it would bring at a fair, voluntary sale for use
14 by the buyer for open space purposes.
15     Land is considered used for open space purposes if it is
16 more than 10 acres in area and:
17         (a) is actually and exclusively used for maintaining or
18     enhancing natural or scenic resources,
19         (b) protects air or streams or water supplies,
20         (c) promotes conservation of soil, wetlands, beaches,
21     or marshes, including ground cover or planted perennial
22     grasses, trees and shrubs and other natural perennial
23     growth, and including any body of water, whether man-made

 

 

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1     or natural,
2         (d) conserves landscaped areas, such as public or
3     private golf courses,
4         (e) enhances the value to the public of abutting or
5     neighboring parks, forests, wildlife preserves, nature
6     reservations, sanctuaries, or other open spaces, or
7         (f) preserves historic sites.
8     Land is not considered used for open space purposes if it
9 is used primarily for residential purposes.
10     If the land is improved with a water-retention dam that is
11 operated primarily for commercial purposes, the
12 water-retention dam is not considered to be used for open space
13 purposes despite the fact that any resulting man-made lake may
14 be considered to be used for open space purposes under this
15 Section.
16 (Source: P.A. 88-455; 89-137, eff. 1-1-96.)