5 ILCS 571/5

Current through Public Act 103-1052
Section 5 ILCS 571/5 - Authorization to accept retrocession
(a) Under the provisions of Section 2683 of Title 10 of the United States Code, the State of Illinois authorizes acceptance of retrocession by the United States of America of concurrent legislative jurisdiction over lands consisting of the U.S. Army Depot Activity Savanna Military Reservation, Jo Daviess County and Carroll County, Illinois, being more particularly described as follows:

Situate in the State of Illinois, Jo Daviess County and Carroll County, in sections 1, 2, 3, 4, 5, 10, 11, and 12 of Township 25 north, Range 2 east and sections 18, 19, 20, 28, 29, 30, 31, 32, 33, and 34 of Township 26 north, Range 2 east and Sections 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 35, and 36 of Township 26 north, Range 1 east, and section 6 of Township 25 north, Range 3 east, all of the Fourth Principal Meridian, and more particularly described as follows.

Beginning at a concrete monument at the intersection of the east bank of the Mississippi River and the north line of section 5, Township 26 north, Range 1 east; thence with said north line Easterly 3,141 feet to a buggy axle at the northeast corner of section 5; thence with the north line of section 4 Easterly 2,640 feet to a 2 inch shafting at the north quarter corner of Section 4; thence Easterly 1,002 feet to a monument on the westerly right-of-way line of the Burlington Northern Santa Fe Railroad; thence crossing section 4 with said right-of-way line as it generally follows a southeasterly direction Southeasterly 2,335 feet, more or less, to point on the west line of Section 3, said point being located South 1,588 feet from the northwest corner of section 3; thence crossing a portion of section 3 Southeasterly 2,845 feet, more or less, to a monument on the boundary of the village of Blanding; thence with the common boundary of the U.S. Army Depot Activity Savanna and village of Blanding South 43 [degrees]; 50' West 372 feet to a monument South 46 [degrees]; 10' East 131 feet to a monument North 60 [degrees]; 30' East 387 feet to a monument on said westerly railroad right-of-way line; thence crossing section 3 with said right-of-way line as it generally follows a southeasterly direction Southeasterly 2,430 feet, more or less to a point on the north line of Section 10, said point being located West 1,332 feet from a monument at the northeast corner of Section 10; thence crossing Section 10 and a portion of Section 11 Southeasterly 5,010 feet, more or less, to a monument on the north and south quarter line through Section 11, said point being located North 3,102 feet from a stone on the south line of Section 11; thence crossing Section 11 Southeasterly 3,000 feet, more or less, to a monument on the east line of Section 11, said monument being located North 2,277 feet from the southeast corner of said Section 11; thence crossing Section 12 Southeasterly 3,880 feet, more or less, to a point on the north line of Section 13, said point being located East 393 feet from a stone at the north quarter corner of Section 13; thence crossing Section 13 and a portion of Section 18 Southeasterly 3,950 feet, more or less, to a monument on the east and west quarter line in Section 18, Township 26 north, Range 2 east, said monument being located East 452 feet from a stone at the west quarter corner of Section 18; thence crossing Section 18 Southeasterly 3,585 feet, more or less, to a monument on the north line of Section 19, said monument being located West 2 feet from the north quarter corner of Section 19; thence crossing Section 19 Southeasterly 4,320 feet, more or less, to a monument on the west line of Section 20; thence crossing Section 20 Southeasterly 2,787 feet, more or less, to a monument on the north line of Section 29; thence crossing Sections 29 and 28 Southeasterly 7,180 feet, more or less, to a point on the north line of Section 33, said point being located North 86 [degrees]; 45' East 731.3 feet from a stone at the northwest corner of Section 33; thence crossing a portion of Section 33 Southeasterly 4,170 feet, more or less, to a point on the east and west quarter line through said Section 33, said point being located East 1,141 feet from the center of said Section 33; thence crossing Sections 33 and 34 Southeasterly 4,740 feet, more or less, to a point on the north line of Section 3, Township 25 north, Range 2 east; thence crossing said right-of-way with said north line of Section 3 Easterly 305 feet to a monument on the north quarter corner of Section 3; thence continuing with said north line of Section 3 Easterly 2,678 feet to the northwest corner of Section 2; thence with the north line of Section 2 Easterly 2,181.5 feet to a monument on the westerly bank of the Apple River; thence with said westerly bank Southerly to a point 100 feet north of and parallel to the east and west quarter line of Section 2; thence with a line 100 feet north of and parallel to the east and west quarter line of Section 2 Easterly 80 feet, more or less, to a point on the centerline of the Apple River, said point being the northwest corner of U.S. Tract No. S-10; thence with the north boundary of U.S. Tract No. S-10 (north line of the access road to the U.S. Army Depot Activity Savanna) Easterly 824.7 feet, more or less, to a point on the west line of Section 1; thence crossing Section 1 with a line 100 feet north of and parallel to the east and west quarter line of Section one Easterly along a line comprising the northern boundaries of U.S. Tract Nos. S-7, S-6, S-5, S-4, S-3, and S-2, respectively, passing the east line of Section 1, to the southwest right-of-way line Illinois Highway No. 84; thence with said right-of-way line Southeasterly 115 feet, more or less, to a point on the extended east and west quarter line of Section 1, Township 25 north, Range 2 east; thence with said extended line Westerly to the east quarter corner of Section 1, Township 25 north, Range 2 east; thence along the east and west quarter line of said Section 1 Westerly to a point at the center of Section 1; thence continuing along the said east and west quarter line Westerly 1,942.1 feet (passing a point at 1925.4 feet on the centerline of the old access road, hereafter referred to as Point "A") to a point on the west right-of-way line of the old access road to the U.S. Army Depot Activity Savanna; thence with said west right-of-way Southwesterly to a point 20 feet south of and parallel to the east and west quarter line of Section 1, said point also being the southeast corner of U.S. Tract No. S-9A; thence along the south boundary of said U.S. Tract No. S-9A Westerly to a point on the west line of Section 1, thence along a line 20.0 south of and parallel to the east and west quarter line of Section 2, Township 25 north, Range 2 east Westerly 855 feet, more or less, to a point on the westerly bank of the Apple River; thence along the westerly bank of the Apple River Southeasterly to the Mississippi River; thence along the meanders of the Mississippi River Northwesterly to the Southeast corner of a tract of land transferred to Mississippi Lock and Dam No.12; thence with the common boundary of Lock and Dam No.12 and said Army Depot North 73 [degrees]; 05' East 1,251.4 feet, more or less, to a point; thence North 61 [degrees]; 58' East 5,524.0 feet, to a point on the south line of Section 4, Township 26 north, Range 1 east; thence with said south line North 88 [degrees]; 53' East 333.3 feet to the southwest corner of Section 3; thence with the south line of Section 3 South 88 [degrees]; 40' East 780.6 feet; thence North 28 [degrees]; 29' West 1,466.1 feet to a point on the north line of the southwest quarter of the southwest quarter of said Section 3; thence along said north line North 88 [degrees]; 21' West 75.0 feet to the northwest corner of the southwest quarter of the southwest quarter of said Section 3; thence South 46 [degrees]; 48' West 839.1 feet South 61 [degrees]; 58' West 5,541.0 feet South 73 [degrees]; 05' West 1287.6 feet, more or less, to the Mississippi River; thence with the meanders of the Mississippi River Northwesterly to the point of beginning, inclusive of Apple River island in Section 10 and 11, sand bars in Sections 3, 4, and 5, all in Township 25 north, Range 2 east, Island No. 9 in Section 31, Township 26 north, Range 2 east, and in Section 25, Township 26 north, Range 1 east, Island No.

7 in Sections 25 and 26, Township 26 north, Range 1 east, and Section 31, Township 26 North, Range 2 east, Island No.

4 in Section 22 and 27; Island No. 2 in Section 8, 9 and 16; and Island No. 1, in Section 5; all in Township 26 north, Range 1 east, excepting that portion of the railroad right-of-way in Sections 2, 3, and 11, Township 25 north, Range 2 east, and also the following, lying 15 feet on both sides of the following described centerline:

Beginning at the aforesaid Point "A" said point being on the centerline of a strip of land 30 feet in width, thence with said centerline and an angle of 116 [degrees]; 07' to the right with said east and west quarter line of Section 1 Southwesterly 387.8 feet; thence with a deflection angle to the right of 04 [degrees];

Southwesterly 190 feet; thence with a deflection angle to the right of 37 [degrees];

Southwesterly 145 feet; thence with a deflection angle to the right of 20 [degrees]; 47'

Westerly 371.6 feet, more or less, to a point on the east line of Section 2, Township 25 north, Range 2 east, being located South 591 feet from the west quarter corner of said Section 2; thence with an angle to the left of 94 [degrees]; 33' with said west line of Section 2 Westerly 578.4 feet to a point on the centerline of a strip of land 100 feet in width, lying 50 feet on both sides of the following described centerline; thence with a deflection angle to the right of 12 [degrees]; 34'

Westerly 499.3 feet to the east bank of the Apple River, containing a total of 13,060.94 acres, more or less, for all of the above described lands.

Further, the State of Illinois accepts retrocession of and authorizes acceptance of retrocession of concurrent legislative jurisdiction over all those lands owned by the United States that may subsequently be identified by the Department of the Army as part of the U.S. Army Depot Activity Savanna Military Reservation, Jo Daviess County and Carroll County, Illinois, although not included within the legal description contained in this subsection, to the extent concurrent jurisdiction has not previously been retroceded to the State of Illinois. Any additional land over which the State accepts retrocession of concurrent jurisdiction shall be identified in a notice filed by the Governor as provided in subsection (d).

(b) Pursuant to concurrent legislative jurisdiction, both State and federal laws are applicable. Since most major crimes violate both federal and State laws, both may punish an offender for an offense committed in the area. The State of Illinois, subject to the exemption of the federal government, has the right to tax. The regulatory powers of the State of Illinois may be exercised in the area, but not in such a manner as to interfere with federal functions. Persons residing on the area under concurrent legislative jurisdiction are ensured important rights and privileges of citizenship, such as the right to vote and access to the Illinois courts.
(c) Subject to subsection (b), the State of Illinois accepts cession of concurrent legislative jurisdiction from the United States.
(d) The Governor of the State of Illinois is authorized to accept the retrocession of concurrent legislative jurisdiction over the subject lands by filing a notice of acceptance with the Illinois Secretary of State.
(e) Upon transfer by deed of the subject lands, or any portion thereof, by the United States of America, the concurrent jurisdiction retained by the United States shall expire as to the particular property transferred.

5 ILCS 571/5

P.A. 92-150, eff. 7-24-01.
Amended by P.A. 095-0331,§ 55, eff. 8/21/2007.