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IL HB5844
Bill
Status
11/16/2022
Primary Sponsor
Janet Yang Rohr
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AI Summary
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Expands public rights to access and use navigable waters in Illinois to include all rights under state and federal law, including the Northwest Ordinance of 1787, federal navigational servitude, and the public trust doctrine.
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Deems any segment of a lake, river, or stream navigable if it can support commercial or recreational watercraft for a substantial part of the year or is actually used for such purposes, with the burden on others to prove non-navigability in court.
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Prohibits interference with public access to navigable waters and requires users to avoid littering, creating nuisances, and entering/exiting from private property without permission while allowing reasonable touching of water beds and riparian lands for lawful activities.
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Clarifies that Department of Natural Resources actions or inactions cannot create legal presumptions against waterway navigability in civil or criminal litigation.
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Preserves local government authority to regulate public property under their control and allows any person to challenge alleged interference with public water access rights in appropriate civil or criminal litigation.
Legislative Description
PUBLIC ACCESS-NAVIGABLE WATERS
Last Action
Added Chief Co-Sponsor Rep. Anne Stava-Murray
12/2/2022