Bill Text: IL SB0385 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Reinserts, from House Amendment No. 1, the authorization for the State of Illinois to deliver certain real property to the City of Venice, with specified conditions, for $1. Amends the Capital Development Board Act. Provides that, notwithstanding any other provision of law, an ordinance of a unit of local government may not be enforced against the remediation, redevelopment, or improvement of an inoperable State facility conveyed to a unit of local government for a recreational public purpose if the ordinance prohibits, restricts, or limits the remediation, redevelopment, or improvement of the inoperable State facility for a recreational public purpose. Provides that a unit of local government may not require payment of permitting fees or require permit inspections for the remediation, redevelopment, or improvement of an inoperable State facility conveyed to a unit of local government for the purpose of remediation, redevelopment, or improvement for a recreational public purpose. Indicates that the provisions apply to remediation, redevelopment, or improvement projects that are ongoing on the effective date of the amendatory Act and to all projects started on or after the effective date of the amendatory Act. Limits the concurrent exercise of home rule powers. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2023-12-08 - Public Act . . . . . . . . . 103-0573 [SB0385 Detail]

Download: Illinois-2023-SB0385-Chaptered.html

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Public Act 103-0573
SB0385 Enrolled LRB103 02793 LNS 47799 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State of Illinois is authorized to execute
and deliver to the City of Venice, for and in consideration of
$1 paid to the State of Illinois, a quit claim deed to the
following described real property located in Madison County,
to wit:
A tract of land in the east half of Section 35, Township 3
North, Range 10 West of the Third Principal Meridian, in
the City of Venice, Madison County, Illinois, described as
follows:
Beginning at the intersection of the southwesterly
prolongation of the southeasterly right of way line of
Washington Avenue (60 feet wide) with the southwesterly
right of way line of Klein Avenue (60 feet wide); thence on
an assumed bearing of South 36 degrees 36 minutes 16
seconds East on said southwesterly right of way line,
215.90 feet; thence southeasterly 93.15 feet on said
southwesterly right of way line being a curve to the right
having a radius of 353.08 feet, the chord of said curve
bears South 29 degrees 02 minutes 47 seconds East, 92.88

feet; thence South 53 degrees 33 minutes 36 seconds West,
525.95 feet; thence North 23 degrees 46 minutes 53 seconds
West on a line 75.00 feet northeasterly and parallel with
the centerline of FA Route 14 (IL 3) Corridor Protection
Map, recorded as Document Number A01656129 (Book, 125,
Page 59), 36.23 feet; thence northwesterly 85.32 feet on a
curve to the left being 75.00 feet northeasterly and
parallel with said centerline, having a radius of 1,602.89
feet, the chord of said curve bears North 25 degrees 18
minutes 23 seconds West, 85.31 feet to the east right of
way line of Fourth Street (varying width); thence North 01
degrees 27 minutes 27 seconds West on said east right of
way line, 230.62 feet; thence North 53 degrees 33 minutes
36 seconds East, 380.65 feet to the Point of Beginning.
Said Parcel 800XD85 contains 146,622 square feet, or
3.3660 acres, more or less.
Section 10. (a) The conveyances of real property shall be
made subject to: (1) existing public utilities, existing
public roads, and any and all reservations, easements,
encumbrances, covenants, and restrictions of record; and (2)
the express condition that if the real property ceases to be
used for public purposes, it shall revert to the State of
Illinois.

(b) The State of Illinois shall obtain a certified copy of
this Act within 60 days after its effective date and, upon
receipt of the payment required by Section 5, if any payment is
required, shall record the certified document in the
Recorder's Office in the county in which the land is located.
Section 15. The Capital Development Board Act is amended
by adding Section 10.19 as follows:
(20 ILCS 3105/10.19 new)
Sec. 10.19. Local regulation of remediation,
redevelopment, and improvements of inoperable State
facilities.
(a) Notwithstanding any other provision of law, an
ordinance of a unit of local government may not be enforced
against the remediation, redevelopment, or improvement of an
inoperable State facility conveyed to a unit of local
government for a recreational public purpose if the ordinance
prohibits, restricts, or limits the remediation,
redevelopment, or improvement of the inoperable State facility
for a recreational public purpose. A unit of local government
may not require payment of permitting fees or require permit
inspections for the remediation, redevelopment, or improvement
of an inoperable State facility conveyed to a unit of local
government for the purpose of remediation, redevelopment, or
improvement for a recreational public purpose.

(b) This Section applies to remediation, redevelopment, or
improvement projects that are ongoing on the effective date of
this amendatory Act of the 103rd General Assembly and to all
projects started on or after the effective date of this
amendatory Act of the 103rd General Assembly.
(c) A home rule unit may not regulate remediation,
redevelopment, or improvement of an inoperable State facility
conveyed to a unit of local government for a recreational
public purpose in a manner inconsistent with this Section.
This Section is a limitation under subsection (i) of Section 6
of Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.