Bill Text: IL HB3642 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Township Open Space Article of the Township Code. Reduces the acreage that constitutes open land or open space under the Article to 25 acres (currently, 50 acres). Provides, in the definition of "open space purposes", that development includes development for agricultural purposes. Provides that a township board may lease open space for open space purposes and may not lease any part of open space to anyone other than the federal government, a state government, or a local government. Provides that leased open space may be used for agricultural purposes. Provides that the township board may not sell, convey, donate, or otherwise dispose of open space without referendum approval by the majority of the voters of the township at a regular election, and provides that the board may certify the question of disposition of property to the appropriate election authority only if the board approves the question by at least a two-thirds majority of the board members. Provides that, if a township dissolves or is consolidated or merged or the boundaries of the township are altered, any affected open space shall continue to be used as required in the open space plan unless the open space is disposed of is approved by a two-thirds vote of the board of the unit of local government in control of that open space and after referendum of the voters of the unit of local government.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Engrossed) 2023-05-05 - Added as Alternate Co-Sponsor Sen. Michael E. Hastings [HB3642 Detail]

Download: Illinois-2023-HB3642-Engrossed.html

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AN ACT concerning local government.
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, 115-55, 115-90, and 115-95 and by adding
Section 115-97 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.
"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 25 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,

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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, including development for agricultural purposes;
(iv) the management and use of that property in a manner and
with restrictions that will leave it unimpaired for the

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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. 91-641, eff. 8-20-99.)
(60 ILCS 1/115-55)
Sec. 115-55. Acquisition of open land.
(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 condemnation, and no other
township 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

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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.
(a-5) Open land acquired in fee for an open space plan by a
township must be held by the township, unless leased or
disposed of as provided in Sections 115-90, 115-95, and
115-97, and used by the township or lessee for open space
purposes.
(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.

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(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

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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. 94-1055, eff. 1-1-07.)
(60 ILCS 1/115-90)
Sec. 115-90. Lease of lands. The board may lease open
space that is a part of the township's open space plan land for
a period not longer than 50 years from the date of the lease to
an individual, a nonprofit organization, the federal
government, a state government, or a local government a
responsible person, firm, or corporation for construction,

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reconstruction, alteration, renewal, equipment, furnishing,
extension, development, operation and maintenance of lodges,
housekeeping and sleeping cabins, swimming pools, golf
courses, campgrounds, sand beaches, marinas, agricultural
purposes, convention and entertainment centers, roads and
parking areas, and other related buildings and facilities. In
any lease of land leased under this Section, upon expiration
of the lease title to all structures on the leased land shall
be vested in the township. The changes made to this Section by
this amendatory Act of the 103rd General Assembly do not
affect any lease entered into on or before the effective date
of this amendatory Act of the 103rd General Assembly.
(Source: P.A. 88-670, eff. 12-2-94.)
(60 ILCS 1/115-95)
Sec. 115-95. Lease of buildings or facilities. The board
may lease to an individual, a nonprofit organization, the
federal government, a state government, or a local government
any building or facility constructed, reconstructed, altered,
renewed, equipped, furnished, extended, developed, and
maintained by the township on open space that is a part of the
township's open space plan to a responsible person, firm, or
corporation for operation or development, or both, and
maintenance for a period not longer than 20 years from the date
of the lease. The changes made to this Section by this
amendatory Act of the 103rd General Assembly do not affect any

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lease entered into on or before the effective date of this
amendatory Act of the 103rd General Assembly.
(Source: P.A. 88-670, eff. 12-2-94.)
(60 ILCS 1/115-97 new)
Sec. 115-97. Disposition of open space.
(a) A township board may not sell, convey, donate, or
otherwise dispose of any part of open space without referendum
approval by the majority of the voters of the township voting
on the question at a regular election. The board may certify
the question of disposition of property to the appropriate
election authority only if the board approves the question by
at least a two-thirds majority of the board members. The
referendum shall be conducted consistent with the referendum
procedures under Section 115-20.
(b) Notwithstanding any other provision of law, if a
township dissolves or is consolidated or merged or the
boundaries of the township are altered, any open space
affected by that action shall continue to be used as required
in the open space plan unless the open space is disposed of
using the same procedures required under subsection (a) by the
board of the unit of local government in control of that open
space.