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SB 3379

EASEMENT BY DNR-KNOX COUNTY

104th Regular Session Introduced by Mike Halpin and 2 co-sponsors

The bill grants a 0.82-acre nonexclusive easement for private ingress/egress across state land to the Moore family, conditioned on a shared maintenance agreement and potential auto

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Bill Summary · SB 3379

Summary of SB3379 (104th Illinois General Assembly)

Jurisdiction: Illinois | Topic: Property/Easement

1) Purpose and Intent

  • The bill authorizes the conveyance of a specific, nonexclusive easement by the State of Illinois, Department of Natural Resources (DNR), to Nancy J. and Robert D. Moore (co-trustees of the Dean Moore Family Trust) and their successors or assigns.
  • The easement grants a 25-foot-wide ingress/egress path across a defined portion of state land, to allow access or passage for the private landowners and their successors.

2) Key Provisions and Changes

  • Sec. 5 — Easement Description and Grant
    • For a payment of $1.00 to the State, the DNR may grant a nonexclusive easement to the Moore family trust.
    • The easement area is specifically described as a 0.82-acre parcel (approximately) located in the east half of the northeast quarter of Section 13, Township 11 North, Range 3 East, 4th Principal Meridian, Knox County, Illinois.
    • The centerline and boundary descriptions are precisely surveyed, including multiple directional bearings, curve data, radii, arc lengths, and chord lengths. The legal description culminates with the land area, 0.82 acres, more or less.
  • Sec. 10 — Conditions of Conveyance
    • The easement is subject to: 1) Existing public utilities, roads, reservations, easements, encumbrances, covenants, and restrictions of record. 2) A shared maintenance agreement between the DNR and the Moore trustees for the easement land. 3) An automatic termination and land revert to the State if either party ceases to maintain a shared maintenance agreement for the easement land.
  • Sec. 15 — Recordation and Certification
    • The DNR Director must obtain a certified copy of the Act within 60 days after it becomes law and record the Act in Knox County after a signed shared maintenance agreement is executed as required in Sec. 10.
  • Sec. 99 — Effective Date
    • The Act takes effect upon becoming law.

3) Who/What is Affected

  • Primary parties:
    • State of Illinois, through the Department of Natural Resources (grantor).
    • Nancy J. and Robert D. Moore, co-trustees of the Dean Moore Family Trust (grantees) and their successors or assigns (grantees).
  • Real property affected:
    • A defined parcel within the east half of the northeast quarter of Section 13, Township 11N, Range 3E, in Knox County, Illinois, comprising roughly 0.82 acres.
  • Gemeinfluences:
    • Any existing public utilities, roads, and record easements on the land remain in effect and must be respected.
    • A shared maintenance agreement dictates ongoing upkeep; failure to maintain triggers automatic termination and revert of the land to the State.

4) Procedural and Timeline Aspects

  • Payment: $1.00 consideration to the State for the easement grant.
  • Maintenance agreement: A critical prerequisite; the easement cannot be maintained without a mutual maintenance agreement between the DNR and the Moore trustees.
  • Termination trigger: If the shared maintenance agreement ceases, the easement terminates automatically and the land reverts to the State.
  • Recordation: A certified copy of the Act must be obtained within 60 days and recorded in Knox County after the maintenance agreement is in place.
  • Effective date: Immediate upon becoming law.

5) Practical Implications

  • The bill formalizes a private access easement across a state-owned parcel, balancing private access with public property protections.
  • It creates a binding maintenance obligation to ensure continued access and property upkeep.
  • It includes clear revertability: loss of maintenance leads to reversion of the land to the State.
  • The low monetary consideration ($1.00) indicates a conveyance of limited, noncommercial value beyond access rights.

Note: This summary focuses on the substantive provisions, conditions, and practical effects as stated in the bill text.

Compiled from official sources — confirm details with the bill’s official record.

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