Legal Aspects

Please check back often to see what other laws and legal issues pertain to this project.

Right to Enter

§ 620 ILCS 5/36. Right to enter upon the land, buildings and structures of others
Statute text
Sec. 36. Right to enter upon the land, buildings and structures of others. In exercising its powers and performing its functions under the laws of this State pertaining to aeronautics, and the rules, rulings, regulations, orders and decisions issued pursuant thereto, the Department, each officer thereof, and each employee designated by it, and such other departments, agencies, officers and employees of this State and of the municipalities and other political subdivisions thereof as may be designated by it, or who are charged with the enforcement of the laws of this State pertaining to aeronautics, whether or not designated by the Department to do so, shall have the right to enter upon the land within this State of any person, municipality or other political subdivision and enter the buildings and structures thereon for the purposes, when and to the extent that their duty so requires, of making surveys, ascertaining necessary facts, and making investigations relating to the State airport plan, the State airways systems, a proposed or existing air navigation facility, any airport hazard, the obtaining of airport protection privileges, the establishment of zoning areas, the investigation of accidents concerning aircraft in this State, the condemning of property, the investigation of any violation of the laws of this State pertaining to aeronautics and the rules, rulings, regulations, orders and decisions issued pursuant thereto, and for any other purpose within the purview of the laws of this State pertaining to aeronautics and the rules, rulings, regulations, orders and decisions issued pursuant thereto; provided that such entry shall occur at reasonable times and with due regard for the safety of the owner, persons in possession or occupants thereof, and the protection of the buildings, structures, crops, or personal property located thereon; provided, further, that in the event any damage may be caused by virtue of any such entry, the Department may pay, as compensation, the amount of said damage as determined by it, in full satisfaction thereof, within the limits of available appropriations, or, if the Department does not pay the amount of any such damage, the person claiming compensation therefor may file his claim in connection therewith in the Court of Claims of this State. 
History
(Source: Laws 1945, p. 335.)
Annotations
Note. 
This section was Ill.Rev.Stat., Ch. 15 1/2, Para. 22.36.

State property

§ 35 ILCS 200/15-55. State property
Statute text
Sec. 15-55. State property. All property belonging to the State of Illinois
is exempt. However, the State agency holding title shall file the
certificate of ownership and use required by Section 15-10 [35 ILCS
200/15-10], together with a copy of any written lease or agreement, in
effect on March 30 of the assessment year, concerning parcels of 1 acre or
more, or an explanation of the terms of any oral agreement under which the
property is leased, subleased or rented. 
The leased property shall be assessed to the lessee and the taxes thereon
extended and billed to the lessee, and collected in the same manner as for
property which is not exempt. The lessee shall be liable for the taxes and
no lien shall attach to the property of the State. 
For the purposes of this Section, the word "leases" includes licenses,
franchises, operating agreements and other arrangements under which private
individuals, associations or corporations are granted the right to use
property of the Illinois State Toll Highway Authority and includes all
property of the Authority used by others without regard to the size of the
leased parcel. 
However, all property of every kind belonging to the State of Illinois,
which is or may hereafter be leased to the Illinois Prairie Path
Corporation, shall be exempt from all assessments, taxation or collection,
despite the making of any such lease, if it is used for: 

(a) conservation, nature trail or any other charitable, scientific,
educational or recreational purposes with public benefit, including the
preserving and aiding in the preservation of natural areas, objects, flora,
fauna or biotic communities; 
(b) the establishment of footpaths, trails and other protected areas; 
(c) the conservation of the proper use of natural resources or the promotion
of the study of plant and animal communities and of other phases of ecology,
natural history and conservation; 
(d) the promotion of education in the fields of nature, preservation and
conservation; or 
(e) similar public recreational activities conducted by the Illinois Prairie
Path Corporation. 
No lien shall attach to the property of the State. No tax liability shall
become the obligation of or be enforceable against Illinois Prairie Path
Corporation. 
Public Act 81-1026 applies to all leases or agreements entered into or
renewed on or after September 24, 1979. 
History
(Source: P.A. 86-413; 88-455, § 15-55.)