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IllinoisHB1367104th General Assembly (2025–2026)HouseWALLET

TWP OPEN SPACES-LEASE OR SALE

Sponsored By: Aarón M. Ortíz (Democratic)

Became Law

counties & townshipsassignmentsexecutive

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

Tighter limits on land condemnation

The township cannot use eminent domain for open space once combined government open space reaches 30% of the township’s acreage. A parcel on an open space plan cannot be condemned after 3 years, or 2 years for existing programs, from the later of July 29, 1988, or the referendum date. If the township files a case within that period, it can still proceed. Farming use pauses the clock until farming stops. The township can still buy land later by non-condemnation methods.

Voters control sales of open space

Townships must keep fee-owned open land for open space unless they lease or dispose of it using the law’s steps. The board cannot sell or give away any open space without a voter referendum at a regular election. The board needs a two-thirds vote to place the question on the ballot. A sale to the state transportation department for a road can happen without a referendum only after at least one public hearing with 20 days’ notice, 30 days’ notice before the board vote, and a two-thirds board vote. If a township dissolves or its borders change, the land stays open space unless disposed of under these rules or transferred to a nonprofit or government to keep as open space.

Open space must be 50 acres

The law raises the minimum size for township open space to 50 acres. The old 12-acre rule no longer applies. Smaller parcels under 50 acres cannot qualify as township open space under this definition.

Shorter leases; township keeps buildings

New leases of township open space can run no longer than 25 years. This replaces the old 50-year maximum. Leases signed before the law stay the same. When a covered lease ends, any buildings or structures on the land become township property.

Sponsors & Cosponsors

Sponsor

  • Aarón M. Ortíz

    Democratic • House

Cosponsors

  • Adriane Johnson

    Democratic • Senate

  • Anne Stava

    Democratic • House

  • Karina Villa

    Democratic • Senate

  • Laura Faver Dias

    Democratic • House

  • Mark L. Walker

    Democratic • Senate

  • Mary Edly-Allen

    Democratic • Senate

  • Robert F. Martwick

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 141 • No: 62

Senate vote • 5/21/2025

Third Reading - Passed;

Yes: 43 • No: 14 • Other: 1

Senate vote • 5/15/2025

Do Pass Executive;

Yes: 10 • No: 1

House vote • 4/8/2025

Third Reading - Short Debate - Passed

Yes: 75 • No: 39

House vote • 4/8/2025

House Floor Amendment No. 1 Recommends Be Adopted Counties & Townships Committee;

Yes: 7 • No: 4

House vote • 3/13/2025

Do Pass / Short Debate Counties & Townships Committee;

Yes: 6 • No: 4

Actions Timeline

  1. Public Act . . . . . . . . . 104-0048

    8/1/2025House

  2. Effective Date January 1, 2026

    8/1/2025House

  3. Governor Approved

    8/1/2025House

  4. Sent to the Governor

    6/17/2025House

  5. Passed Both Houses

    5/21/2025House

  6. Third Reading - Passed; 043-014-001

    5/21/2025Senate

  7. Placed on Calendar Order of 3rd Reading May 20, 2025

    5/15/2025Senate

  8. Second Reading

    5/15/2025Senate

  9. Do Pass Executive; 010-001-000

    5/15/2025Senate

  10. Added as Alternate Co-Sponsor Sen. Robert F. Martwick

    5/13/2025Senate

  11. Added as Alternate Co-Sponsor Sen. Mark L. Walker

    5/13/2025Senate

  12. Rule 2-10 Committee Deadline Established As May 23, 2025

    5/9/2025Senate

  13. Added as Alternate Co-Sponsor Sen. Adriane Johnson

    5/8/2025Senate

  14. Added as Alternate Co-Sponsor Sen. Karina Villa

    5/7/2025Senate

  15. Assigned to Executive

    4/23/2025Senate

  16. Referred to Assignments

    4/9/2025Senate

  17. First Reading

    4/9/2025Senate

  18. Chief Senate Sponsor Sen. Mary Edly-Allen

    4/9/2025Senate

  19. Placed on Calendar Order of First Reading

    4/9/2025Senate

  20. Arrive in Senate

    4/9/2025Senate

  21. Third Reading - Short Debate - Passed 075-039-000

    4/8/2025House

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

    4/8/2025House

  23. House Floor Amendment No. 1 Adopted

    4/8/2025House

  24. House Floor Amendment No. 1 Recommends Be Adopted Counties & Townships Committee; 007-004-000

    4/8/2025House

  25. Added Chief Co-Sponsor Rep. Laura Faver Dias

    4/7/2025House

Bill Text

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