§ 9-1907. Process for clearing title.\n 1. Within thirty days of the effective date of this section, the\ndepartment shall submit a written request to the county tax assessor for\na certified list, to be prepared from the most current tax roll, of the\nnames and addresses of all persons who claim title to the disputed\nparcels listed in section 9-1905 of this title. The assessor shall\nprepare such a list within seven days after receiving the department's\nrequest, and include on the list the names and addresses of all persons\non the most current tax roll and the names and addresses of all persons\nwho, not less than seven days prior to the date on which the assessor\nreceived the department's request, notified the assessor that they claim\ntitle to a disputed parcel. The department shal
Free access — add to your briefcase to read the full text and ask questions with AI
§ 9-1907. Process for clearing title.\n 1. Within thirty days of the effective date of this section, the\ndepartment shall submit a written request to the county tax assessor for\na certified list, to be prepared from the most current tax roll, of the\nnames and addresses of all persons who claim title to the disputed\nparcels listed in section 9-1905 of this title. The assessor shall\nprepare such a list within seven days after receiving the department's\nrequest, and include on the list the names and addresses of all persons\non the most current tax roll and the names and addresses of all persons\nwho, not less than seven days prior to the date on which the assessor\nreceived the department's request, notified the assessor that they claim\ntitle to a disputed parcel. The department shall be entitled to rely\nupon the information contained in the certified list, and failure by the\ndepartment to give notice to any person claiming title who is not\nincluded on the list or is not at the address included on the list shall\nnot invalidate any proceeding or actions authorized by this title.\nWithin thirty days after receipt of the certified list from the\nassessor, the department shall send, by first class mail, a letter to\neach person included on the list, informing the person that a\nconstitutional amendment has been adopted and legislation enacted that\nauthorizes a resolution of title issues on disputed parcels in township\nforty, including the disputed parcel to which the person claims\nownership rights. The department shall send a separate letter to each\nperson claiming title to each disputed parcel. Such letter shall\ndescribe the process for resolving title set forth in this title and\nstate that, until such time as the state is estopped from asserting its\nclaim of title to the disputed parcel pursuant to subdivision seven of\nthis section, any person claiming title to the disputed parcel shall\nassume all the risk with respect to subdividing or adding new structures\nor improvements to the disputed parcel. The department shall provide a\ncopy of each such letter to the attorney general. The department shall\nalso, within thirty days after receipt of the list from the assessor,\npublish written notice of the process to clear title, including a list\nby tax lot number of the parcels listed in section 9-1905 of this title,\nin the state register, the environmental notice bulletin and a newspaper\nof general circulation in township forty.\n 2. Within ninety days of the receipt of the department's letter,\npursuant to subdivision one of this section, for each disputed parcel, a\nperson shall provide to the department, with copies to the office of the\nattorney general and the town, a separate notarized statement as set\nforth in section 9-1915 of this title, notifying the department either:\n a. that he or she will participate in the process set forth in this\ntitle to resolve title to the disputed parcel or parcels, and, if so,\nwhether he or she intends to provide as a gift to the state a specified\nportion of a disputed parcel in fee simple without reservations for\ninclusion in the forest preserve or a conservation easement to the town\nrestricting development over all or a specified portion of a disputed\nparcel, with a secondary right of enforcement in the state; or\n b. that he or she declines to participate in the process established\nby this title to resolve title to disputed parcels.\n 3. With respect to a parcel or conservation easement which the person\nintends to provide as a gift to the state or the town, respectively, as\nspecified in paragraph a of subdivision two of this section, the town\nshall provide the person with an assessed value of the proposed\nconveyance, with a copy to the department, within one hundred twenty\ndays of the town's receipt of a copy of the notification concerning such\ngift.\n 4. Within twelve months of the date of the letters sent by the\ndepartment pursuant to subdivision one of this section, all persons who\nare participating in the process set forth in this title to resolve\ntitle to disputed parcels shall convey to the state any land which such\npersons expressed an intent to so convey pursuant to paragraph a of\nsubdivision two of this section, convey to the town any conservation\neasements which such persons expressed an intent to so convey pursuant\nto paragraph a of subdivision two of this section, and make payment to\nthe town in the amount due pursuant to subdivision five of this section.\n 5. Within twelve months of the date of the letters sent by the\ndepartment pursuant to subdivision one of this section, persons\nparticipating in the process set forth in this title to resolve title to\ndisputed parcels shall pay the town an amount that approximates the\nstate's administrative costs in resolving the disputed parcels situated\nwithin township forty. The payment amount for each individual disputed\nparcel shall be the sum of: (a) a flat rate of two thousand dollars per\nparcel; and (b) an amount equal to the total assessed value of the\nparcel, including structures and improvements situated thereon, as\ndetermined by the two thousand twelve town assessment, less the assessed\nvalue of any portion of such parcel conveyed to the state in fee or any\nconservation easement conveyed to the town, pursuant to paragraph a of\nsubdivision two of this section, divided by the total assessed value of\nall disputed parcels, including structures and improvements situated\nthereon as determined by the two thousand twelve town assessment,\nmultiplied by two hundred thousand dollars. The town shall use all such\npayments to acquire land for inclusion in the forest preserve pursuant\nto subdivision six of this section.\n 6. Within eighteen months of the date of the letters sent by the\ndepartment pursuant to subdivision one of this section, the department\nshall identify lands for the town to acquire for inclusion in the forest\npreserve. Subject to legislative approval, such lands shall provide a\nnet benefit to the forest preserve as compared to the disputed parcels\nto which the state is estopped from asserting a claim pursuant to\nsubdivision seven of this section. The town shall use all payments\nacquired pursuant to subdivision five of this section for the\nacquisition of such lands. Such lands shall be conveyed from the owner\ndirectly to the state. Title to land to be conveyed to the state\npursuant to this title and the deed to the state shall be approved by\nthe attorney general, as to form and manner of execution and\nrecordability, before the deed shall be accepted on behalf of the state.\n 7. The commissioner shall cause to be prepared an accurate survey map\nshowing the boundaries of all disputed land to which the state will be\nreleasing and extinguishing its right, title and interest and record the\nsurvey map in the Hamilton county clerk's office. The commissioner shall\nalso cause legal descriptions of such boundaries to be prepared from the\nmap. Except for those parcels the title to which will be litigated\npursuant to section 9-1909 of this title, upon legislative approval of\nthe lands to be provided to the state pursuant to subdivision six of\nthis section, the completion of the conveyances to the state, and\ncertification by the commissioner that each respective person has\ncomplied with all applicable terms and conditions of this title, and\nnotwithstanding the provisions of the public lands law, the commissioner\nshall be authorized to release and extinguish all right, title and\ninterest of the state in the disputed parcels that are located within\nthese surveyed boundaries, without reservation and exception. The legal\ndescriptions shall be approved by the commissioner and incorporated into\nthe release and extinguishment document. The commissioner shall send\nnotice of the state's release and extinguishment of rights to a disputed\nparcel by separate letter to each person for each parcel of land the\ntitle to which has been settled pursuant to this title, and upon release\nand extinguishment of rights, the state shall be estopped from asserting\nany claim of title to disputed parcels based upon (a) facts or actions\nthat occurred prior to the effective date of this title, and (b) deeds,\ntax sales or other documents that predate the effective date of this\ntitle. The commissioner shall also cause to be prepared an accurate\nsurvey map, to be recorded in the county clerk's office, and a legal\ndescription from the survey map, for each individual parcel of land the\nclaimant of which has filed a notice pursuant to paragraph b of\nsubdivision two of this section or has not complied in a timely fashion\nwith the requirements of subdivisions two, four or five of this section.\nThe department shall provide a copy of such survey and legal description\nto the office of the attorney general to assist in the litigation\nrequired by section 9-1909 of this title.\n