House Sponsors: WINTERS. Senate Sponsors: RAUSCHENBERGER 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 END OF INQUIRY Full Text Bill Status