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Public Act 91-0641
HB2698 Enrolled LRB9100308PTbd
AN ACT to amend the Township Code.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Township Code is amended by changing
Sections 115-5, 115-20, 115-30, 115-35, 115-40, and 115-55 as
follows:
(60 ILCS 1/115-5)
Sec. 115-5. Definitions. As used in this Article,
unless the context otherwise requires:
"Board" means the township board in counties having a
population of more than 150,000 250,000.
"Development of real property" means the constructing,
installing, planting or creating of any permanent or
temporary improvement of real property that has been acquired
for open space purposes.
"Open land" or "open space" means any space or area of
land or water of an area of 50 acres or more, the
preservation or the restriction of development or use of
which would (i) maintain or enhance the conservation of
natural or scenic resources; (ii) protect natural streams or
water supply; (iii) promote conservation of soils, wet lands,
or shores; (iv) afford or enhance public outdoor recreation
opportunities; (v) preserve flora and fauna, geological
features, historic sites, or other areas of educational or
scientific interest; (vi) enhance the value to the public of
abutting or neighboring highways, parks, or other public
lands; (vii) implement the plan of development adopted by the
planning commission of any municipality or county; or (viii)
promote orderly urban or suburban development. A township at
any time may release a specified parcel of land from an open
space plan and allow the development of the parcel to occur.
Once development (as defined in Section 115-55) has
commenced, the land shall no longer be eligible for
acquisition as open space or open land.
"Open space plan" means the written plan adopted by the
board to implement an open space program and includes
properly adopted amendments or additions to the plan.
"Open space program" means the acquisition of the fee or
of a lesser right or interest in tracts of open land in the
township for open space purposes.
"Open space purposes" includes (i) the preservation and
maintenance of open land, scenic roadways, and pathways; (ii)
the holding of real property described in clause (i), with or
without public access, for the education, pleasure, and
recreation of the public or for other open space values;
(iii) the preservation of portions of that property in their
natural condition and the development of other portions of
that property; (iv) the management and use of that property
in a manner and with restrictions that will leave it
unimpaired for the benefit of future generations; and (v)
otherwise promoting the conservation of the nature, flora and
fauna, natural environment, and natural resources of the
township.
(Source: P.A. 85-1140; 88-62.)
(60 ILCS 1/115-20)
Sec. 115-20. Referendum on recommended plan; petition.
(a) If the board recommends adoption of the open space
plan, or if a petition is filed by not less than 5% or 50,
whichever is greater, of the registered voters of the
township (according to the voting registration records at the
time the petition is filed) recommending adoption of the open
space plan, then the Board, within 30 days of making of the
recommendation or the filing of the petition, shall file a
petition with the township clerk, requesting the clerk to
submit to the voters of the township the question of whether
the township shall adopt the open space plan and enter upon
an open space program, with the power to acquire open land by
purchase, condemnation (except townships in counties having a
population of more than 150,000 but not more than 250,000),
or otherwise in the township and with the power to issue
bonds for those purposes under this Article. The township
clerk shall certify that proposition to the proper election
officials, who shall submit the proposition to the township
voters at the next regular election. The referendum shall be
conducted and notice given in accordance with the general
election law.
(b) The question submitted to the voters at the election
shall be in substantially the following form:
Shall (name of township) adopt the open space plan
considered at the public hearing on (date) and enter upon
an open space program, and shall the Township Board have
the power (i) to acquire open land by purchase, (insert
", condemnation," if the township is in a county having a
population of more than 250,000), or otherwise, (ii) to
issue bonds for open space purposes in an amount not
exceeding 5% of the valuation of all taxable property in
the township, and (iii) to levy a tax to pay the
principal of and interest on those bonds, as provided in
Article 115 of the Township Code?
The votes shall be recorded as "Yes" or "No".
(c) If a majority of the voters voting at the election
on the question vote in favor of the question, the township
shall thereafter adopt the open space plan recommended by the
board or by the petition of the registered voters of the
township and shall enter upon an open space program under
this Article. If the proposition does not receive the
approval of a majority of the voters voting at the election
on the question, no proposition may be submitted to the
voters under this Section less than 23 months after the date
of the election.
(Source: P.A. 85-1140; 88-62.)
(60 ILCS 1/115-30)
Sec. 115-30. Property within municipality; petition;
referendum.
(a) If the open space plan recommended for adoption
under Section 115-20 contains property that is situated
within the corporate boundaries of a municipality, the
corporate authorities of the municipality may, within 30 days
of the recommendation, vote to authorize the board of a
township in a county having a population of more than 250,000
to acquire by condemnation property that is situated within
the municipality's corporate boundaries. If the corporate
authorities of the municipality fail to act within that 30
day period, then none of the property included in the open
space plan that is situated within the municipality shall be
acquired by the board by condemnation. The municipality's
failure to act constitutes a denial of authority to acquire
that property by condemnation.
(b) If, within 30 days of the decision of the
municipality to either authorize or deny the board the
authority to acquire by condemnation that property included
in the open space plan that is situated within the corporate
boundaries of the municipality, a petition is filed with the
township clerk, signed by not less than 15% of the registered
voters of the municipality residing within the township
(according to the voting registration records at the time the
petition is filed), requesting that the question of whether
the board shall be granted authority to acquire property
within its corporate boundaries by condemnation be submitted
to the voters of the municipality residing within the
township, then the question shall be submitted to those
voters in the form of a proposition. The petition shall state
the public question to be submitted and contain a common
description of the territory in plain and nonlegal language.
The description shall describe the territory by reference to
streets, natural or artificial landmarks, addresses, or any
other method that would enable a voter signing the petition
to be informed of the territory proposed to be acquired.
(c) The township clerk shall certify the proposition to
the proper election officials, who shall submit the
proposition to the voters of the municipality who reside
within the township. The referendum shall appear on the
ballot at the same election as the referendum required in
Section 115-20. Except as otherwise provided in this
Section, the referendum shall be conducted and notice given
in accordance with the general election law. The question
submitted to the voters at the election shall be in
substantially the following form:
Shall the Township Board of (name of township in a
county having a population of more than 250,000) have the
authority to acquire by condemnation open land that is
situated within the corporate boundaries of (name of
municipality) for open space purposes?
The votes shall be recorded as "Yes" or "No".
(d) The election authority shall include on the ballot
the description of the territory proposed to be acquired as
set forth in the petition. If the election authority
determines that the description cannot be included within the
space limitations of the ballot, the election authority shall
prepare large printed copies of a notice of the public
question that include the description. The notice shall be
prominently displayed in the polling place of each precinct
in which the question is to be submitted.
(e) If a majority of the voters voting at the election
on the question vote in favor of the question, then the board
may acquire by condemnation open land that is situated within
the corporate boundaries of the municipality and included in
the open space plan recommended for adoption under Section
115-20.
(f) If the corporate authorities of a municipality deny
the board the authority to acquire by condemnation property
that is situated within the municipality's boundaries and the
referendum does not appear on the ballot at the election
specified in this Section, or if the proposition fails to
receive the vote of a majority of the voters voting on the
question, then the board may not acquire the property by
condemnation.
(Source: P.A. 85-1140; 88-62.)
(60 ILCS 1/115-35)
Sec. 115-35. Property contiguous to municipality;
petition; referendum.
(a) If the open space plan recommended for adoption
under Section 115-20 contains property that is contiguous to
the corporate boundaries of one or more municipalities, the
corporate authorities of any of those municipalities may,
within 30 days of the recommendation, vote to authorize the
board of a township in a county having a population of more
than 250,000 to acquire by condemnation property that is
contiguous to the municipality's corporate boundaries. If
the corporate authorities of a municipality fail to act
within that 30 day period, then none of the property included
in the open space plan that is contiguous to a municipality
shall be acquired by the board by condemnation. The
municipality's failure to act constitutes a denial of
authority to acquire that property by condemnation.
(b) If, within 30 days of the decision of the
municipality to either authorize or deny the board the
authority to acquire by condemnation that property included
in the open space plan that is contiguous to the corporate
boundaries of the municipality, a petition is filed with the
township clerk, signed by not less than 15% of the registered
voters of the township (according to the voting registration
records at the time the petition is filed), requesting that
the question of whether the board shall be granted authority
to acquire property contiguous to the corporate boundaries of
the municipality by condemnation be submitted to the voters
of the township, then the question shall be submitted to
those voters in the form of a proposition. The petition shall
state the public question to be submitted and contain a
common description of the territory proposed to be acquired
in plain and nonlegal language. The description shall
describe the territory by reference to streets, natural or
artificial landmarks, addresses, or any other method that
would enable a voter signing the petition to be informed of
the territory proposed to be acquired.
(c) The township clerk shall certify the proposition to
the proper election officials, who shall submit the
proposition to the voters of the township. The referendum
shall appear on the ballot at the same election as the
referendum required in Section 115-20. Except as otherwise
provided in this Section, the referendum shall be conducted
and notice given in accordance with the general election law.
The question submitted to the voters at the election shall be
in substantially the following form:
Shall the Township Board of (name of township in a
county having a population of more than 250,000) have the
authority to acquire by condemnation open land that is
contiguous to the corporate boundaries of (name of
municipality) for open space purposes?
The votes shall be recorded as "Yes" or "No".
(d) The election authority shall include on the ballot
the description of the territory proposed to be acquired as
set forth in the petition. If the election authority
determines that the description cannot be included within the
space limitations of the ballot, the election authority shall
prepare large printed copies of a notice of the public
question that includes the description. The notice shall be
prominently displayed in the polling place of each precinct
in which the question is to be submitted.
(e) If a majority of the voters voting at the election
on the question vote in favor of the question, then the board
may acquire by condemnation open land that is contiguous to
the corporate boundaries of the municipality or
municipalities and included in the open space plan
recommended for adoption under Section 115-20.
(f) If the corporate authorities of a municipality deny
the board the authority to acquire by condemnation property
that is contiguous to the municipality's boundaries and the
referendum does not appear on the ballot at the election
specified in this Section, or if the proposition fails to
receive the vote of a majority of the voters voting on the
proposition, then the board may not acquire the property by
condemnation.
(g) For purposes of this Section, "contiguous" means
contiguous for purposes of annexation under Article 7 of the
Illinois Municipal Code.
(Source: P.A. 85-1140; 88-62.)
(60 ILCS 1/115-40)
Sec. 115-40. Later submission of proposition to include
property. If in a township in a county having a population of
more than 250,000 a parcel of land cannot be acquired by
condemnation because it was not approved at an election under
either Section 115-30 or 115-35, that parcel can again be
included in a proposition only if (i) the procedures set
forth in Section 115-15 relating to amendments that add
property to existing open space plans have been followed and
(ii) not less than 23 months have elapsed since the date of
the election at which the voters failed to approve the
acquisition of the parcel by condemnation.
(Source: P.A. 85-1140; 88-62.)
(60 ILCS 1/115-55)
Sec. 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 Article VII of
the Code of Civil Procedure 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 condemnation, and no other township, however, has
authority under this Article to acquire by condemnation (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 charitable organization.
(b) For purposes of this Section:
(1) "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 year 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 85-1140; 86-1191; 88-62.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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