Illinois § 4

§ 4.

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 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. (Source: P.A. 101-142, eff. 7-26-19.) (Text of Section after amendment by P.A. 104-49) Sec. 4. 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 government, the State of Illinois, or any unit of local government; (b) any not-for-profit corporation or trust or federally recognized Indian tribe that 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. (Source: P.A. 104-49, eff. 1-1-26.)