Illinois

Recreational Use/Recreational Trespass Laws

754 I.L.C.S. 65/1 through 65/7

§ 3

Except as specifically recognized by or provided in Section 6 of this Act, an owner of land owes no duty of care to keep the premises safe for entry or use by any person for recreational or conservation purposes, or to give any warning of a natural or artificial dangerous condition, use, structure, or activity on such premises to persons entering for such purposes.

§ 4

Except as specifically recognized by or provided in Section 6 of this Act, an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational or conservation purposes does not thereby:

(a) Extend any assurance that the premises are safe for any purpose.

(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed.

(c) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such person or any other person who enters upon the land.

(d) Assume responsibility for or incur liability for any injury to such person or property caused by any natural or artificial condition, structure or personal property on the premises.

§ 65/6. Willful and wanton acts; injury suffered by persons paying admission

§ 6. Nothing in this Act limits in any way any liability which otherwise exists:

(a) For willful and wanton failure to guard or warn against a dangerous condition, use, structure, or activity.

(b) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the State or a subdivision thereof, any consideration received by the owner for such lease is not a charge within the meaning of this Section.

§ 65/7. Duty of care or grounds of liability; exercise of care

§ 7. Nothing in this Act shall be construed to:

(a) Create a duty of care or ground of liability for injury to persons or property.

(b) Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this Act to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Agriculture (based on soil productivity), including lands under a forest management plan. 35 Ill. Comp. Stat. 200/10-125.

Statute: Title – Chapter 35. Revenue, Property Taxes, Act 200. Property Tax Code, Title 3. Valuation and Assessment, Article 10. Valuation Procedures for Special Properties, Division 6. Farmland, Open Space, and Forestry Management Plan .

Method of Assessment: Special assessment based on the economic value of agricultural land.
http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=8

Application: Burden on landowner.

Penalties: If land is no longer used for open space purposes, the person liable for taxes on that land must notify the chief county assessment officer in writing.
The liable person shall pay the difference between the taxes paid in the 3 preceding years and what the taxes for those years would have been when based on the valuation as otherwise permitted by law, plus 5% interest.

Current Use Taxation for open-space land: 

Illinois does have current use taxation to promote open space or recreation.

Statute: 35 Ill. Comp. Stat. 200/10-110 through 10-160

Purpose of Assessment: Farmland, open space, and forestry preservation.

Method of Assessment: Land that has been used as open space for three years immediately preceding the assessment year is to be valued on the basis of fair cash value, estimated at the price it would bring at a fair, voluntary sale for use by the buyer for open space purposes. 35 Ill. Comp. Stat. 200/10-155.

Eligibility Requirements

Application: Burden on owner to apply with chief county assessment officer by January 31 of each year. County Farmland Assessment Review Committee assists officer with application process.

Renewal: Not automatic, must reapply each year that special valuation is desired for Open Space and Land Encumbered by Conservation Rights.

Area Requirements: Land is considered used for open space purposes if it is more than 10 acres and serves various conservation functions as listed under 35 Ill. Comp. Stat. 200/10-155.

Plan Requirements: Only required for forestry valuation, not open space. 35 Ill. Comp. Stat. 200/10-150.

Unique or Functional Characteristics

Land must have been used as open space for three years immediately preceding the assessment year for which current use valuation is sought. 35 Ill. Comp. Stat. 200/10-155.

Any land that has not been used for 20+ years as a farm and for which no other use can be determined is considered open space, and its value is assessed on the basis of fair cash value. 35 Ill. Comp. Stat. 200/10-147; 200/10-155.

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Tax incentive specifically for providing access: 

Illinois has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

Illinois does have tax incentives for land subject to conservation easements.

Statute: 35 Ill. Comp. Stat. 200/10-110

Purpose: Protection of farmland, open space and forestland.

Valuation: A conservation right on land shall be determined to be a public benefit if the Department of Natural Resources certifies that it protects in perpetuity at least one of the following: (1) Land providing a regular opportunity for public access to outdoor recreation or outdoor education; (2) Land preserving habitat for state or federal endangered or threatened species or federal candidate species as defined in the Code of Federal Regulations (50 CFR 424.02); (3) Land identified in the Illinois Natural Areas Inventory; (4) Land determined to be eligible for registration under Section 16 of the Illinois Natural Areas Preservation Act; (5) Land contributing to the ecological viability of a park, conservation area, nature preserve, or other high quality native terrestrial or aquatic area that is publicly owned or otherwise protected; (6) Land included in, or consistent with a federal, State, regional, or local government policy or plan for the conservation of wildlife habitat or open space, for the restoration or protection of lakes and streams, or for the protection of scenic areas.

Process: The person liable for taxes on the land shall submit an application to the Department of Natural Resources requesting certification that the land meets one of the criteria established in subsection (a). The application shall be in a form furnished by the Department of Natural Resources. Within 30 days of receipt of a complete and correct application for certification, the Department of Natural Resources shall determine whether the land encumbered by a conservation right provides a demonstrated public benefit and shall inform the applicant in writing of the decision.

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Income Tax: 

Illinois has no tax credits or incentives for the donation of land or conservation easements.

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Hunter Access Program: 

No programs classified as “state administrated walk-in hunter access programs” were identified in this state via general internet search. However, for more accurate information regarding this state’s hunter access programs or efforts, please view the Hunting Heritage Action Plan Hunter Access Program Assessment Survey Report.

Case Law

Miller v. U.S. 597 F.2d 614

-Illinois Recreational Area Licensing Act applied to areas such as national wildlife refuge which were maintained primarily for recreational purposes while Illinois Recreational Use of Land and Water Areas Act applied only to lands which were used on casual basis for recreational purposes; thus, United States was not entitled to protection against liability provided to landowner under Recreational Use Act.
-The central purpose of the Recreational Use Act is “to encourage owners of land to make land and water areas available to the public for recreational purposes . . . .” By contrast, the Licensing Act applies to areas of land that are specifically maintained for recreational use.