Illinois Compiled Statutes
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60 ILCS 1/115-55
(60 ILCS 1/115-55)
(a) The board may acquire by gift, legacy, purchase,
condemnation in the manner provided for the exercise of the right of eminent
domain under the Eminent Domain Act and except as
otherwise provided in this subsection, lease, agreement, or
otherwise the fee or any lesser right or interest in real property that is open
land and may hold that property with or without public access for open space,
scenic roadway, pathway, outdoor recreation, or other conservation benefits.
No township in a county having a population of more than 150,000 but not more
than 250,000 has authority under this Article to acquire property by
no other township has authority under this Article to acquire
(i) property that is used for farming or agricultural purposes; (ii) property
that is situated within the corporate limits of a municipality or contiguous to
one or more municipalities unless approval to acquire the property by
condemnation is obtained under Section 115-30 or 115-35; (iii) property upon
which development has commenced; or (iv) property owned by a religious
organization, church, school, or charitable organization exempt from federal
taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 or
similar provisions of any successor law, or any other organization controlled
by or affiliated with such a religious organization, church, school, or
(b) For purposes of this Section:
"Development" of property is deemed to have
commenced if (i) at least 30 days before the filing of a petition under Section 115-10, an application for a preliminary plan or preliminary planned unit development has been filed with the applicable governmental entity or, if neither is required, a building permit has been obtained at least 30 days before the filing of a petition under Section 115-10; (ii) mass grading of the property has commenced; and (iii) within 180 days of the date the open space plan is recommended for approval by the board under Section 115-5 or by petition of the voters under Section 115-20, 115-30, or 115-35, the installation of public improvements has commenced.
(2) "Contiguous" means contiguous for purposes of
annexation under Article 7 of the Illinois Municipal Code.
(3) Real property is deemed used for farming or
agricultural purposes if it is more than 10 acres in area and devoted primarily to (i) the raising and harvesting of crops, (ii) the feeding, breeding, and management of livestock, (iii) dairying, or (iv) any other agricultural or horticultural use or combination of those uses, with the intention of securing substantial income from those activities, and has been so used for the 3 years immediately preceding the filing of a condemnation action. Real property used for farming or agricultural purposes includes land devoted to and qualifying for payments or other compensation under a soil conservation program under an agreement with an agency of the federal government and also includes the construction and use of dwellings and other buildings customarily associated with farming and agricultural uses when associated with those uses.
(c) If a township's acquisitions of open land, or interests
in open land when combined with other lands in the township held for open
space purposes by other governmental entities, equals 30% of the total
acreage of the township, then the township may not acquire additional open
land by condemnation.
(d) Any parcel of land that is included in an open space plan adopted by a
township that has not been acquired by the township under this Section within 3
years, or within 2 years with respect to existing open space programs, after
the later of (i) July 29, 1988, or (ii) the date of the passage of the
referendum may not thereafter be acquired by condemnation by the township under
this Section, except that if an action in condemnation to acquire the parcel is
filed under this Section within that 3 year or 2 year period, as applicable,
the parcel may be acquired by condemnation by the township notwithstanding the
fact that the condemnation action may not be concluded within the 3 year or 2
period, as applicable. Notwithstanding the foregoing, if a parcel of land
cannot be acquired by condemnation under subsection (a) because of its use for
farming or agricultural purposes, the 3 year or 2 year period, as applicable,
shall be tolled until the date the parcel ceases to be used for farming or
agricultural purposes. Notwithstanding the foregoing, the fee or any lesser
right or interest in real property that is open land may be acquired after the
3 year or 2 year period, as applicable, by any means authorized under
subsection (a) other than condemnation.
(Source: P.A. 94-1055, eff. 1-1-07.)