96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4075


 
Introduced 2/27/2009, by Rep. Chapin Rose
 
SYNOPSIS AS INTRODUCED:
 		





    Provides that the Director of the Department of Natural Resources shall, subject to the conditions stated in the Act, convey by quit claim deed specified parcels of real property to Arcola, Arthur, Hindsboro, Lovington, Lovington Township, East Oakland Township, Bourbon Township, Douglas County, and Lowe Road District for $1 for each parcel subject to: the specified parcel of real property being included in a judgment in, or a settlement or resolution of litigation  that is favorable to the State of Illinois or the Department of Natural Resources, as a party to the litigation, in one of 2 specified court cases in Moultrie County or Douglas County;  each designated entity must first be given a written right of first refusal by the Department and then, in turn,  give written notice to the Director that it will accept the conveyance and pay the $1 consideration. Provides that a parcel of real property shall not be conveyed so long as there is pending litigation concerning the ownership of that parcel. Provides that for parcels not subject to any litigation, the written right of first refusal shall be given within 30 days after the effective date and the conveyance made if the entity gives written notice to the Director of the Department of Natural Resources that it will accept the property and pay the $1 consideration.  Provides that conveyances are made subject to existing utilities, roads, reservations, easements, covenants, and restrictions of record. Effective immediately.
















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A BILL FOR









 











HB4075

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1
    AN ACT concerning property.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. Arcola conveyance. The Director of the 
5
Department of Natural Resources, on behalf of the State of 
6
Illinois, shall, pursuant to the conditions stated in Section 
7
50,  execute and deliver to the City of Arcola, an Illinois Unit 
8
of Local Government, of the County of Douglas, State of 
9
Illinois, for and in consideration of One Dollar ($1.00) paid 
10
to said Department, a quit claim deed to the following 
11
described real property, to wit:
 
12
        All that part of the following described property lying 
13
    between Locust Street and Collins Street in the City of 
14
    Arcola, and all that part of the following described 
15
    property running from Jacques Street, in the City of 
16
    Arcola, in an easterly direction approximately two (2) 
17
    miles, to wit:
 
18
        All those certain pieces or parcels of land and 
19
    premises, easements, rights-of-way and any other rights of 
20
    any kind whatsoever appurtenant thereto or used in 
21
    conjunction therewith on and along that portion of the 
22
    former Peoria Secondary Track of the Penn Central 
 


 






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1
    Corporation, as granted to The People of the State of 
2
    Illinois, Department of Conservation, by Quit Claim Deed 
3
    dated September 20, 1991, recorded in the Moultrie County 
4
    Recorder's Office as document #228680, recorded in the 
5
    Douglas County Recorder's Office in Deed Book 221 at Page 
6
    238, and recorded in the Coles County Recorder's Office in 
7
    Volume 771 at Page 209;
 
8
        EXCEPT that part thereof required by the Illinois 
9
    Department of Transportation for the future widening of 
10
    Interstate 57.

 
11
    Section 10. Arthur conveyance. The Director of the 
12
Department of Natural Resources, on behalf of the State of 
13
Illinois, shall, pursuant to the conditions stated in Section 
14
50, execute and deliver to the Village of Arthur, an Illinois 
15
Unit of Local Government, of the Counties of Douglas and 
16
Moultrie, for and in consideration of One Dollar ($1.00) paid 
17
to said Department, a quit claim deed to the following 
18
described real property, to wit:
 
19
        All that part of the following described property lying 
20
    westerly of the East line of the Northwest Quarter (NW 1/4) 
21
    of Section 30, Township 15 North, Range 7 East of the Third 
22
    Principal Meridian, Douglas County, Illinois, as extended 
23
    across the former right-of-way of the abandoned Penn 
 


 






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    Central Railroad, and easterly of the West right of way 
2
    line of
Glasgow Street in the Village of Arthur, Moultrie 
3
    County, Illinois, as extended across said railroad 
4
    right-of-way, to wit:
 
5
        Part of Section 25 Township 15 North, Range 6 East of 
6
    the Third Principal Meridian, Moultrie County, Illinois 
7
    and part of Section 30, Township 15 North, Range 7 East of 
8
    the Third Principal Meridian, Douglas County, Illinois, 
9
    being all those certain pieces or parcels of land and 
10
    premises, easements, rights-of-way and any other rights of 
11
    any kind whatsoever appurtenant thereto or used in 
12
    conjunction therewith on and along that portion of the 
13
    former Peoria Secondary Track of the Penn Central 
14
    Corporation, lying within said Sections 25 and 30, as 
15
    granted to The People of the State of Illinois, Department 
16
    of Conservation, by Quit Claim Deed dated September 20, 
17
    1991, recorded in the Moultrie County Recorder's Office as 
18
    document #228680, recorded in the Douglas County 
19
    Recorder's Office in Deed Book 221 at Page 238, and 
20
    recorded in the Coles County Recorder's Office in Volume 
21
    771 at Page 209.

 
22
    Section 15. Hindsboro conveyance. The Director of the 
23
Department of Natural Resources, on behalf of the State of 
24
Illinois, shall, pursuant to the conditions stated in Section 
 


 






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50, execute and deliver to the Village of Hindsboro, an 
2
Illinois Unit of Local Government, of the County of Douglas, 
3
State of Illinois, for and in consideration of One Dollar 
4
($1.00) paid to said Department, a quit claim deed to the 
5
following described real property, to wit:
 
6
        All that part of the following described property lying 
7
    within the limits of the Village of Hindsboro, to wit:
 
8
        All those certain pieces or parcels of land and 
9
    premises, easements, rights-of-way and any other rights of 
10
    any kind whatsoever appurtenant thereto or used in 
11
    conjunction therewith on and along that portion of the 
12
    former Peoria Secondary Track of the Penn Central 
13
    Corporation, as granted to The People of the State of 
14
    Illinois, Department of Conservation, by Quit Claim Deed 
15
    dated September 20, 1991, recorded in the Moultrie County 
16
    Recorder's Office as document #228680, recorded in the 
17
    Douglas County Recorder's Office in Deed Book 221 at Page 
18
    238, and recorded in the Coles County Recorder's Office in 
19
    Volume 771 at Page 209.

 
20
    Section 20. Lovington conveyance. The Director of the 
21
Department of Natural Resources, on behalf of the State of 
22
Illinois, shall, pursuant to the conditions stated in Section 
23
50, execute and deliver to the Village of Lovington, an 
 


 






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1
Illinois Unit of Local Government, of the County of Moultrie, 
2
State of Illinois, for and in consideration of One Dollar 
3
($1.00) paid to said Department, a quit claim deed to the 
4
following described real property, to wit:
 
5
        All that part of the following described property 
6
    running from the Illinois Route 32 river bridge, eastward 
7
    through Lovington and to the East line of Lovington 
8
    Township, to wit:
9
        All those certain pieces or parcels of land and 
10
    premises, easements, rights-of-way and any other rights of 
11
    any kind whatsoever appurtenant thereto or used in 
12
    conjunction therewith on and along that portion of the 
13
    former Peoria Secondary Track of the Penn Central 
14
    Corporation, as granted to The People of the State of 
15
    Illinois, Department of Conservation, by Quit Claim Deed 
16
    dated September 20, 1991, recorded in the Moultrie County 
17
    Recorder's Office as document #228680, recorded in the 
18
    Douglas County Recorder's Office in Deed Book 221 at Page 
19
    238, and recorded in the Coles County Recorder's Office in 
20
    Volume 771 at Page 209.

 
21
    Section 25. Lovington Township conveyance. The Director of 
22
the Department of Natural Resources, on behalf of the State of 
23
Illinois, shall, pursuant to the conditions stated in Section 
24
50, execute and deliver to Lovington Township, an Illinois Unit 
 


 






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of Local Government, of the County of Moultrie, State of 
2
Illinois, for and in consideration of One Dollar ($1.00) paid 
3
to said Department, a quit claim deed to the following 
4
described real property, to wit:
5
        All that part of the following described property 
6
    running from Washington Street to Broadway Street in the 
7
    Village of Lovington, and all that part of the following 
8
    described property running from County Road 700 East, 
9
    eastwardly approximately 600 feet, to wit:
10
        All those certain pieces or parcels of land and 
11
    premises, easements, rights-of-way and any other rights of 
12
    any kind whatsoever appurtenant thereto or used in 
13
    conjunction therewith on and along that portion of the 
14
    former Peoria Secondary Track of the Penn Central 
15
    Corporation, as granted to The People of the State of 
16
    Illinois, Department of Conservation, by Quit Claim Deed 
17
    dated September 20, 1991, recorded in the Moultrie County 
18
    Recorder's Office as document #228680, recorded in the 
19
    Douglas County Recorder's Office in Deed Book 221 at Page 
20
    238, and recorded in the Coles County Recorder's Office in 
21
    Volume 771 at Page 209.

 
22
    Section 30. East Oakland Township conveyance. The Director 
23
of the Department of Natural Resources, on behalf of the State 
24
of Illinois, shall, pursuant to the conditions stated in 
25
Section 50, execute and deliver to East Oakland Township , an 
 


 






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1
Illinois Unit of Local Government, of the County of Coles, 
2
State of Illinois, for and in consideration of One Dollar 
3
($1.00) paid to said Department, a quit claim deed to the 
4
following described real property, to wit:
 
5
        All that part of the following described property 
6
    running from Main Street in Oakland, westerly to County 
7
    Road 2300 East, to wit:
 
8
        All those certain pieces or parcels of land and 
9
    premises, easements, rights-of-way and any other rights of 
10
    any kind whatsoever appurtenant thereto or used in 
11
    conjunction therewith on and along that portion of the 
12
    former Peoria Secondary Track of the Penn Central 
13
    Corporation, as granted to The People of the State of 
14
    Illinois, Department of Conservation, by Quit Claim Deed 
15
    dated September 20, 1991, recorded in the Moultrie County 
16
    Recorder's Office as document #228680, recorded in the 
17
    Douglas County Recorder's Office in Deed Book 221 at Page 
18
    238, and recorded in the Coles County Recorder's Office in 
19
    Volume 771 at Page 209.

 
20
    Section 35. Bourbon Township conveyance.  The Director of 
21
the Department of Natural Resources, on behalf of the State of 
22
Illinois, shall, pursuant to the conditions stated in Section 
23
50, execute and deliver to Bourbon Township, an Illinois Unit 
 


 






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1
of Local Government, of the County of Douglas, State of 
2
Illinois, for and in consideration of One Dollar ($1.00) paid 
3
to said Department, a quit claim deed to the following 
4
described real property, to wit:
5
        All that part of the following described property 
6
    located within the limits of Bourbon Township, to wit:
7
        All those certain pieces or parcels of land and 
8
    premises, easements, rights-of-way and any other rights of 
9
    any kind whatsoever appurtenant thereto or used in 
10
    conjunction therewith on and along that portion of the 
11
    former Peoria Secondary Track of the Penn Central 
12
    Corporation, as granted to The People of the State of 
13
    Illinois, Department of Conservation, by Quit Claim Deed 
14
    dated September 20, 1991, recorded in the Moultrie County 
15
    Recorder's Office as document #228680, recorded in the 
16
    Douglas County Recorder's Office in Deed Book 221 at Page 
17
    238, and recorded in the Coles County Recorder's Office in 
18
    Volume 771 at Page 209.

 
19
    Section 40. Douglas County conveyance. The Director of the 
20
Department of Natural Resources, on behalf of the State of 
21
Illinois, shall, pursuant to the conditions stated in Section 
22
50, execute and deliver to Douglas County, an Illinois Unit of 
23
Local Government, for and in consideration of One Dollar 
24
($1.00) paid to said Department, a quit claim deed to the 
25
following described real property, to wit:
 
 


 






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        Various parcels for wetland mitigation, being parts of 
2
    the
following described property, to wit:
 
3
        All those certain pieces or parcels of land and 
4
    premises, easements, rights-of-way and any other rights of 
5
    any kind whatsoever appurtenant thereto or used in 
6
    conjunction therewith on and along that portion of the 
7
    former Peoria Secondary Track of the Penn Central 
8
    Corporation, as granted to The People of the State of 
9
    Illinois, Department of Conservation, by Quit Claim Deed 
10
    dated September 20, 1991, recorded in the Moultrie County 
11
    Recorder's Office as document #228680, recorded in the 
12
    Douglas County Recorder's Office in Deed Book 221 at Page 
13
    238, and recorded in the Coles County Recorder's Office in 
14
    Volume 771 at Page 209.


 
15
    Section 45. Lowe Road District conveyance. The Director of 
16
the Department of Natural Resources, on behalf of the State of 
17
Illinois, shall, pursuant to the conditions stated in Section 
18
50, execute and deliver to Lowe Road District, an Illinois Unit 
19
of Local Government, of the County of Moultrie, State of 
20
Illinois, for and in consideration of One Dollar ($1.00) paid 
21
to said Department, a quit claim deed to the following 
22
described real property, to wit:
 
 


 






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        Three (3) parcels in Lowe Township, one parcel starting 
2
    at the East side of Section 28 and running westerly 
3
    approximately 726 feet, another parcel running from one end 
4
    of Williamsburg to the other, and another parcel in Section 
5
    27 behind Effingham Equity Fertilizer Plant, said parcels 
6
    being parts of the following described property, to wit:
 
7
        All those certain pieces or parcels of land and 
8
    premises, easements, rights-of-way and any other rights of 
9
    any kind whatsoever appurtenant thereto or used in 
10
    conjunction therewith on and along that portion of the 
11
    former Peoria Secondary Track of the Penn Central 
12
    Corporation, as granted to The People of the State of 
13
    Illinois, Department of Conservation, by Quit Claim Deed 
14
    dated September 20, 1991, recorded in the Moultrie County 
15
    Recorder's Office as document #228680, recorded in the 
16
    Douglas County Recorder's Office in Deed Book 221 at Page 
17
    238, and recorded in the Coles County Recorder's Office in 
18
    Volume 771 at Page 209.

 
19
    Section 50. Restrictions and conditions. 
20
    (a)  For a parcel of real property described in Section 5, 
21
10, 15, 20, 25, 30, 35, 40, or  45, that is not subject to any 
22
litigation, the entity designated to receive real property 
23
described in that Section shall within 30 days after the 
24
effective date of this Act  receive from the Department of 
 


 






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Natural Resources a written notice of first refusal to receive 
2
that property and if the entity designated to receive real 
3
property described in that Section then gives written notice to 
4
the Director of the Department of Natural Resources that the 
5
entity  will accept the described real property as grantee  and 
6
will tender the consideration of $1.00, the conveyance of the 
7
parcel of real property shall be made pursuant to the 
8
applicable Section and Section 55 and subject to existing 
9
public utilities, existing public roads, and any and all 
10
reservations, easements, covenants and restrictions of record.
11
    (b)  The conveyance of a parcel of real property authorized 
12
by Section 5, 10, 15, 20, 25, 30, 35, 40, or  45, shall be made 
13
as follows: if  the property described in the appropriate  
14
Section is included in whole or in part in a judgment in, or a 
15
settlement or other  resolution of litigation  that is favorable 
16
to the State of Illinois  or the Department of Natural 
17
Resources, as a party, concerning the property described in the 
18
respective Section of this Act in the case of: Ag Farms, Inc. 
19
v. American Premier Underwriters and the Illinois Department of 
20
Natural Resources (2002-MR-6) in Moultrie County; or Hemingway 
21
v. American Premier Underwriters the Illinois Department of 
22
Natural Resources (97-MR-5) in Douglas County, then  the entity 
23
designated to receive real property described in that Section 
24
shall receive, within 60 days after the conclusion of that 
25
litigation as to that parcel of property, from the Department 
26
of Natural Resources a written notice of first refusal to 
 


 






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receive that property upon the conclusion, as to that parcel of 
2
property, of that litigation if the entity designated to 
3
receive real property described in that Section gives  written 
4
notice to the Director of the Department of Natural Resources 
5
that the entity  will accept the described real property as 
6
grantee and will tender the consideration of $1.00;  provided 
7
that the conveyance is made subject to existing public 
8
utilities, existing public roads, and any and all reservations, 
9
easements, covenants and restrictions of record.
10
    (c)  Notwithstanding other provisions of this Act, for each 
11
Section, the parcel of real property described in that  Section 
12
shall not be conveyed so long as there is pending any 
13
litigation concerning the ownership of that parcel of property.
 
14
    Section 55. The Director of Natural Resources shall obtain 
15
a certified copy of the portions of this Act containing the 
16
title, the enacting clause, the restrictions and conditions on 
17
the property to be conveyed, the effective date, the 
18
appropriate Section containing the land description of the 
19
property to be conveyed, and this Section, within 60 days after 
20
the entity designated as the grantee of  the real property 
21
described in the appropriate  Section has delivered a written 
22
notice to the Director of Natural Resources that states that 
23
the entity  will accept the described property as grantee and 
24
will pay the consideration of $1.00 and, upon receipt of the 
25
payment required by the Section, shall record the certified 
 


 






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document in the Recorder's Office in the County in which the 
2
land is located.
 

3
    Section 99. Effective date. This Act takes effect upon 
4
becoming law.