Illinois Compiled Statutes 765 ILCS 120/4 – A conservation right created pursuant to this Act may be enforced in …
Current as of: 2024 | Check for updates
|
Other versions
A conservation right created pursuant to this Act may be enforced in an action seeking injunctive relief, specific performance, or damages in the circuit court of the county in which the area, place, building, structure or site is located by any of the following:
(a) the United States or any agency of the federal
(a) the United States or any agency of the federal
|
government, the State of Illinois, or any unit of local government;
|
(b) any not-for-profit corporation or trust which
|
owns the conservation right;
|
(c) the owner of any real property abutting or within
|
500 feet of the real property subject to the conservation right. Any owner of property subject to a conservation right who wilfully violates any term of such conservation right may, in the court’s discretion, be held liable for punitive damages in an amount equal to the value of the real property subject thereto.
|
An action to enforce a conservation right may also be brought by any party entitled to enforce the conservation right under this Section against a nonowner who is violating the terms of the conservation right.
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.
Terms Used In Illinois Compiled Statutes 765 ILCS 120/4
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
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.