92nd General Assembly
Summary of HB5727
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Short description: 
AGRICULTURAL LAND PRESERVATION                                             

Synopsis of Bill as introduced:
        Amends the Agricultural Areas Conservation  and  Protection  Act.      
   Provides  that  a  county  board  shall  grant  a  preference  to  the      
   recommendation  of  the  landowners  in  reviewing agricultural areas.      
   Provides that a petition for dissolution of an agricultural  area  may      
   be  submitted  during  the  year  (now  120  days)  before the 10-year      
   anniversary of the creation of the area.  Provides that the Department      
   of Agriculture must develop an incentive program for land  stewardship      
   that  pays  up  to  75%  of  the  costs of assistance to form, expand,      
   maintain, or  renew  agricultural  areas.   Provides  that  landowners      
   within  an  agricultural  area may not be subjected to a nuisance suit      
   based on the designation or maintenance of the land as an agricultural      
   area. Provides that the protection does not apply  to  suits  for  the      
   prohibition   of   contaminant   discharge   under  the  Environmental      
   Protection Act.  Provides that the Department of Agriculture may  give      
   technical  assistance  and  provide other resources if the land owners      
   are  subjected  to  any  other  private  civil  action.    Establishes      
   additional   procedures   for   county   boards   creating  designated      
   agricultural  areas  within  their  counties.   Changes  some  of  the      
   existing procedures to  be  followed  by  county  boards  in  creating      
   agricultural  areas.   Adds  additional  factors  to  be considered in      
   deciding whether to create agricultural areas and by  persons  seeking      
   withdrawal  of  land  from those areas.  Creates additional provisions      
   with regard to the filing of petitions  to  dissolve  an  agricultural      
   area.  Makes other changes.  Effective immediately.                         
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          505 ILCS 5/20.4 new                                                  
        Further amends the Agricultural Areas Conservation and Protection      
   Act.  Provides that the  existence  of  public  utilities  within  and      
   adjacent  to a proposed agricultural area is a factor to be considered      
   with respect to the formation of an agricultural area. Prohibits, with      
   certain exceptions, the use of eminent domain in  agricultural  areas.      
   Prohibits,  with certain exceptions, governmental units from advancing      
   public funds for the construction of nonfarm housing or commercial  or      
   industrial  facilities to serve nonagricultural uses of land within an      
   agricultural  area.    Provides  that  at  least  60  days  before  an      
   acquisition or advance, a notice of intent  must  be  filed  with  the      
   Director of Agriculture.  Provides that if the Director of Agriculture      
   finds that the proposed action might have an unreasonable effect on an      
   agricultural  area,  he  or she must issue an order, within the 60-day      
   period, for the party to desist from the  action  for  another  60-day      
   period.  Provides that a public hearing concerning the proposed action      
   must  be  held during the additional 60-day period.  Provides that any      
   eminent domain action determined to be contrary to  the  Act  and  for      
   which  feasible and prudent alternatives exist may be suspended for up      
   to one year.  The Director of Agriculture  may  request  the  Attorney      
   General  to  bring  a civil action to enjoin any entity from violating      
   the  provisions  concerning  eminent  domain.  Provides  that  utility      
   facilities and emergency projects are not affected.                         
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


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