Illinois 101st Regular Session Status: Enacted 5 D cosponsors

HB 2601 — PROPERTY-CONSERVATION RIGHTS

Last action — Public Act . . . . . . . . . 101-0142

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2019. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    0 primary, 9 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Real Property Conservation Rights Act. Provides that a conservation right may be amended or modified from time to time only by a written instrument executed by the grantor and grantee and recorded with the office of the recorder of deeds of the county in which the land is located. Provides that either party may, in the absolute discretion of the party, withhold consent to any amendment or modification requested by the other party. Provides that an amendment or modification shall not materially and adversely affect the conservation purposes of the conservation right or facilitate the extinguishment of the conservation right. Provides that the consent of any party other than the grantor and grantee is not required for amendment or modification, even if the other party is entitled to enforce an easement. Provides that the conservation right may contain other requirements for amendment or modification, and such other requirements shall control. Provides that a unit of local government has the authority to grant a conservation right on property that it owns to another unit of government or to a not-for-profit corporation or trust that meets certain criteria. Provides that an action to enforce a conservation right may be brought by any party entitled to enforce the conservation right against a nonowner who is violating the terms of the conservation right. Provides that a notice of violation may be recorded by the holder of the conservation right against any property that the holder of the conservation right reasonably determines is in violation of the conservation right. Provides that a conservation right shall not be extinguished by adverse possession, a claim of abandonment, or merger, and may be extinguished only by such procedure as may be set forth in the conservation right or by a release of the conservation right in accordance with the terms of the conservation right. Provides that no prescriptive easement shall be established that adversely impacts the conservation values protected by the conservation right. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Deletes language providing that a notice of violation may be recorded by the holder of the conservation right against any property that the holder of the conservation right reasonably determines is in violation of the conservation right. Provides instead that if the holder of a conservation right reasonably determines that there is a violation of the right, the holder of the conservation right may record a notice of violation against the property for which the conservation right applies. Effective immediately.

Bill Text

What changed in the latest version

7 added · 7 removed

Plain-language change summary

The updated version of Bill HB 2601 introduces new provisions regarding conservation rights. It specifies that a holder of such rights can file a notice of violation if they find someone is not complying with the conservation terms. This change is significant because it gives conservation right holders more authority to address violations, ensuring better protection of conservation efforts.

→
Previous
Latest
HB2601 Engrossed LRB101 09240 LNS 54334 b AN ACT concerning civil law.
HB2601 Enrolled LRB101 09240 LNS 54334 b AN ACT concerning civil law.
Without limiting the generality of the foregoing, the instrument conveying or reserving a conservation right may, with respect to either the grantor or HB2601 Engrossed - 2 - LRB101 09240 LNS 54334 b grantee, require, prohibit, condition, limit or control any or all of the following:
Without limiting the generality of the foregoing, the instrument conveying or reserving a conservation right may, with respect to either the grantor or HB2601 Enrolled - 2 - LRB101 09240 LNS 54334 b grantee, require, prohibit, condition, limit or control any or all of the following:
HB2601 Engrossed - 3 - LRB101 09240 LNS 54334 b (10) activities affecting drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation;
HB2601 Enrolled - 3 - LRB101 09240 LNS 54334 b (10) activities affecting drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation;
The holder of such rights shall also be permitted to HB2601 Engrossed - 4 - LRB101 09240 LNS 54334 b transfer or assign such rights but only to another agency of the State, a unit of local government or to a not-for-profit corporation or trust.
The holder of such rights shall also be permitted to HB2601 Enrolled - 4 - LRB101 09240 LNS 54334 b transfer or assign such rights but only to another agency of the State, a unit of local government or to a not-for-profit corporation or trust.
Any owner of real property in this State may convey a conservation right in such real property to the United States or any agency of the federal government an agency of the State, to a unit of local government, or to a not-for-profit corporation or trust whose primary purposes include the HB2601 Engrossed - 5 - LRB101 09240 LNS 54334 b conservation of land, natural areas, open space or water areas, or the preservation of native plants or animals, or biotic communities, or geographic formations of scientific, aesthetic, or educational interest, or the preservation of buildings, structures or sites of historical, architectural, archeological or cultural significance.
Any owner of real property in this State may convey a conservation right in such real property to the United States or any agency of the federal government an agency of the State, to a unit of local government, or to a not-for-profit corporation or trust whose primary purposes include the HB2601 Enrolled - 5 - LRB101 09240 LNS 54334 b conservation of land, natural areas, open space or water areas, or the preservation of native plants or animals, or biotic communities, or geographic formations of scientific, aesthetic, or educational interest, or the preservation of buildings, structures or sites of historical, architectural, archeological or cultural significance.
HB2601 Engrossed - 6 - LRB101 09240 LNS 54334 b (a) the United States or any agency of the federal government, the State of Illinois, or any unit of local government;
HB2601 Enrolled - 6 - LRB101 09240 LNS 54334 b (a) the United States or any agency of the federal government, the State of Illinois, or any unit of local government;
This Act shall not be construed to imply that any restriction, easement, covenant or condition which does not have the benefit of the Act shall, on account of any provision HB2601 Engrossed - 7 - LRB101 09240 LNS 54334 b herein, be unenforceable.
This Act shall not be construed to imply that any restriction, easement, covenant or condition which does not have the benefit of the Act shall, on account of any provision HB2601 Enrolled - 7 - LRB101 09240 LNS 54334 b herein, be unenforceable.
⬇ Download PDF
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 101-0142

  2. Effective Date July 26, 2019

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 056-000-001

  7. Placed on Calendar Order of 3rd Reading May 17, 2019

  8. Second Reading

  9. Placed on Calendar Order of 2nd Reading May 7, 2019

  10. Do Pass Judiciary; 009-000-000

  11. Assigned to Judiciary

  12. Referred to Assignments

  13. First Reading

  14. Chief Senate Sponsor Sen. Melinda Bush

  15. Placed on Calendar Order of First Reading

  16. Arrive in Senate

  17. Third Reading - Short Debate - Passed 097-000-000

  18. Added Co-Sponsor Rep. Jennifer Gong-Gershowitz

  19. Placed on Calendar Order of 3rd Reading - Short Debate

  20. Second Reading - Short Debate

  21. Placed on Calendar 2nd Reading - Short Debate

  22. Do Pass as Amended / Short Debate Judiciary - Civil Committee; 014-000-000

  23. House Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote

  24. House Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee

  25. Added Co-Sponsor Rep. Margo McDermed

  26. Added Co-Sponsor Rep. Theresa Mah

  27. Added Co-Sponsor Rep. Robyn Gabel

  28. Added Co-Sponsor Rep. Delia C. Ramirez

  29. Added Co-Sponsor Rep. Michael J. Zalewski

  30. Added Co-Sponsor Rep. Ann M. Williams

  31. Reported Back To Judiciary - Civil Committee;

  32. Recommends Do Pass Subcommittee/ Judiciary - Civil Committee; 007-000-000

  33. House Committee Amendment No. 1 Referred to Rules Committee

  34. House Committee Amendment No. 1 Filed with Clerk by Rep. Bob Morgan

  35. To Commercial Law Subcommittee

  36. Assigned to Judiciary - Civil Committee

  37. Referred to Rules Committee

  38. First Reading

  39. Filed with the Clerk by Rep. Bob Morgan

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 9 co-sponsors · 174 not signed on

Sponsors (0)

None.

Co-sponsors (9)

Not signed on (174)

174 members have not signed on to this bill.

Show all 174 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 25001
Democrat 18002
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Link — Yea
Sandoval — Yea
Manar — Yea
Schimpf — Yea
Martinez — Yea
Barickman — Yea
Gillespie — Yea
Glowiak — Yea
Bennett — Yea
Steans — Yea
McGuire — Yea
Bertino-Tarrant — Yea
Stewart — Yea
Harris — Yea
Brady — Yea
Mulroe — Yea
Bush — Yea
Muñoz — Yea
Oberweis — Yea
Hutchinson — Yea
Crowe — Yea
Cullerton, T. — Yea
Cullerton — Yea
Righter — Yea
Landek — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Not Voting
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Ram Villivalam Democrat Yea
Robert Peters Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Third Reading

Passed 97 Yea · 0 Nay · 21 Other
Party YeaNayPresentNot Voting
Democrat 42006
Unaffiliated 41009
Republican 14006
Total 970021
% of votes cast 82%0%0%18%
How each member voted (118)
Member Party Vote
Durkin — Yea
Arroyo — Yea
Mazzochi — Yea
Bailey — Yea
McAuliffe — Yea
Flowers — Yea
Batinick — Yea
McDermed — Yea
Frese — Yea
Bourne — Yea
Thapedi — Yea
McSweeney — Yea
Brady — Yea
Turner — Yea
Bristow — Yea
Unes — Yea
Greenwood — Yea
Burke — Yea
Butler — Yea
Carroll — Yea
Caulkins — Yea
Harris — Yea
Pappas — Yea
Connor — Yea
Conroy — Yea
Wheeler — Yea
Ramirez — Yea
Hurley — Yea
Williams — Yea
Jones — Yea
Costello — Yea
Willis — Yea
Robinson — Yea
Kalish — Yea
Yednock — Yea
Yingling — Yea
Skillicorn — Yea
Davis — Yea
Demmer — Yea
Marron — Yea
Bennett — Not Voting
Wehrli — Not Voting
Welter — Not Voting
Parkhurst — Not Voting
Zalewski — Not Voting
Sommer — Not Voting
Madigan — Not Voting
Conyears-Ervin — Not Voting
D'Amico — Not Voting
Costa Howard — Yea
Aarón M. Ortíz Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Not Voting
Anthony DeLuca Democrat Not Voting
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Celina Villanueva Democrat Yea
Curtis J. Tarver, II Democrat Not Voting
Daniel Didech Democrat Yea
Debbie Meyers-Martin Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Julie A. Morrison Democrat Not Voting
Justin Slaughter Democrat Yea
Kam Buckner Democrat Not Voting
Karina Villa Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Not Voting
La Shawn K. Ford Democrat Yea
Laura M. Murphy Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Mary Edly-Allen Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Amy L. Grant Republican Not Voting
Andrew S. Chesney Republican Yea
Blaine Wilhour Republican Not Voting
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
Jeff Keicher Republican Not Voting
Joe C. Sosnowski Republican Not Voting
John M. Cabello Republican Not Voting
Norine K. Hammond Republican Not Voting
Patrick Windhorst Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea

Subjects

housing environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 2601 do?
Amends the Real Property Conservation Rights Act. Provides that a conservation right may be amended or modified from time to time only by a written instrument executed by the grantor and grantee and recorded with the office of the recorder of deeds of the county in which the land is located. Provides that either party may, in the absolute discretion of the party, withhold consent to any amendment or modification requested by the other party. Provides that an amendment or modification shall not materially and adversely affect the conservation purposes of the conservation right or facilitate the extinguishment of the conservation right. Provides that the consent of any party other than the grantor and grantee is not required for amendment or modification, even if the other party is entitled to enforce an easement. Provides that the conservation right may contain other requirements for amendment or modification, and such other requirements shall control. Provides that a unit of local government has the authority to grant a conservation right on property that it owns to another unit of government or to a not-for-profit corporation or trust that meets certain criteria. Provides that an action to enforce a conservation right may be brought by any party entitled to enforce the conservation right against a nonowner who is violating the terms of the conservation right. Provides that a notice of violation may be recorded by the holder of the conservation right against any property that the holder of the conservation right reasonably determines is in violation of the conservation right. Provides that a conservation right shall not be extinguished by adverse possession, a claim of abandonment, or merger, and may be extinguished only by such procedure as may be set forth in the conservation right or by a release of the conservation right in accordance with the terms of the conservation right. Provides that no prescriptive easement shall be established that adversely impacts the conservation values protected by the conservation right. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Deletes language providing that a notice of violation may be recorded by the holder of the conservation right against any property that the holder of the conservation right reasonably determines is in violation of the conservation right. Provides instead that if the holder of a conservation right reasonably determines that there is a violation of the right, the holder of the conservation right may record a notice of violation against the property for which the conservation right applies. Effective immediately.
Who sponsors HB 2601?
HB 2601 is sponsored by Bob Morgan (Democrat), Ann M. Williams (Democrat), Michael J. Zalewski, Delia C. Ramirez, Robyn Gabel (Democrat), Theresa Mah (Democrat), Margo McDermed, Jennifer Gong-Gershowitz (Democrat), and Melinda Bush.
What is the current status of HB 2601?
This bill has been enacted into law. Introduced February 14, 2019. Enacted.
Where can I track HB 2601?
Track HB 2601 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 2601

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 2601

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →