§ 9-1907. Process for clearing title.

1. Within thirty days of the effective date of this section, the
department shall submit a written request to the county tax assessor for
a certified list, to be prepared from the most current tax roll, of the
names and addresses of all persons who claim title to the disputed
parcels listed in section 9-1905 of this title. The assessor shall
prepare such a list within seven days after receiving the department's
request, and include on the list the names and addresses of all persons
on the most current tax roll and the names and addresses of all persons
who, not less than seven days prior to the date on which the assessor
received the department's request, notified the assessor that they claim
title to a disputed parcel. The department shall be entitled to rely
upon the information contained in the certified list, and failure by the
department to give notice to any person claiming title who is not
included on the list or is not at the address included on the list shall
not invalidate any proceeding or actions authorized by this title.
Within thirty days after receipt of the certified list from the
assessor, the department shall send, by first class mail, a letter to
each person included on the list, informing the person that a
constitutional amendment has been adopted and legislation enacted that
authorizes a resolution of title issues on disputed parcels in township
forty, including the disputed parcel to which the person claims
ownership rights. The department shall send a separate letter to each
person claiming title to each disputed parcel. Such letter shall
describe the process for resolving title set forth in this title and
state that, until such time as the state is estopped from asserting its
claim of title to the disputed parcel pursuant to subdivision seven of
this section, any person claiming title to the disputed parcel shall
assume all the risk with respect to subdividing or adding new structures
or improvements to the disputed parcel. The department shall provide a
copy of each such letter to the attorney general. The department shall
also, within thirty days after receipt of the list from the assessor,
publish written notice of the process to clear title, including a list
by tax lot number of the parcels listed in section 9-1905 of this title,
in the state register, the environmental notice bulletin and a newspaper
of general circulation in township forty.

2. Within ninety days of the receipt of the department's letter,
pursuant to subdivision one of this section, for each disputed parcel, a
person shall provide to the department, with copies to the office of the
attorney general and the town, a separate notarized statement as set
forth in section 9-1915 of this title, notifying the department either:

a. that he or she will participate in the process set forth in this
title to resolve title to the disputed parcel or parcels, and, if so,
whether he or she intends to provide as a gift to the state a specified
portion of a disputed parcel in fee simple without reservations for
inclusion in the forest preserve or a conservation easement to the town
restricting development over all or a specified portion of a disputed
parcel, with a secondary right of enforcement in the state; or

b. that he or she declines to participate in the process established
by this title to resolve title to disputed parcels.

3. With respect to a parcel or conservation easement which the person
intends to provide as a gift to the state or the town, respectively, as
specified in paragraph a of subdivision two of this section, the town
shall provide the person with an assessed value of the proposed
conveyance, with a copy to the department, within one hundred twenty
days of the town's receipt of a copy of the notification concerning such
gift.

4. Within twelve months of the date of the letters sent by the
department pursuant to subdivision one of this section, all persons who
are participating in the process set forth in this title to resolve
title to disputed parcels shall convey to the state any land which such
persons expressed an intent to so convey pursuant to paragraph a of
subdivision two of this section, convey to the town any conservation
easements which such persons expressed an intent to so convey pursuant
to paragraph a of subdivision two of this section, and make payment to
the town in the amount due pursuant to subdivision five of this section.

5. Within twelve months of the date of the letters sent by the
department pursuant to subdivision one of this section, persons
participating in the process set forth in this title to resolve title to
disputed parcels shall pay the town an amount that approximates the
state's administrative costs in resolving the disputed parcels situated
within township forty. The payment amount for each individual disputed
parcel shall be the sum of: (a) a flat rate of two thousand dollars per
parcel; and (b) an amount equal to the total assessed value of the
parcel, including structures and improvements situated thereon, as
determined by the two thousand twelve town assessment, less the assessed
value of any portion of such parcel conveyed to the state in fee or any
conservation easement conveyed to the town, pursuant to paragraph a of
subdivision two of this section, divided by the total assessed value of
all disputed parcels, including structures and improvements situated
thereon as determined by the two thousand twelve town assessment,
multiplied by two hundred thousand dollars. The town shall use all such
payments to acquire land for inclusion in the forest preserve pursuant
to subdivision six of this section.

6. Within eighteen months of the date of the letters sent by the
department pursuant to subdivision one of this section, the department
shall identify lands for the town to acquire for inclusion in the forest
preserve. Subject to legislative approval, such lands shall provide a
net benefit to the forest preserve as compared to the disputed parcels
to which the state is estopped from asserting a claim pursuant to
subdivision seven of this section. The town shall use all payments
acquired pursuant to subdivision five of this section for the
acquisition of such lands. Such lands shall be conveyed from the owner
directly to the state. Title to land to be conveyed to the state
pursuant to this title and the deed to the state shall be approved by
the attorney general, as to form and manner of execution and
recordability, before the deed shall be accepted on behalf of the state.

7. The commissioner shall cause to be prepared an accurate survey map
showing the boundaries of all disputed land to which the state will be
releasing and extinguishing its right, title and interest and record the
survey map in the Hamilton county clerk's office. The commissioner shall
also cause legal descriptions of such boundaries to be prepared from the
map. Except for those parcels the title to which will be litigated
pursuant to section 9-1909 of this title, upon legislative approval of
the lands to be provided to the state pursuant to subdivision six of
this section, the completion of the conveyances to the state, and
certification by the commissioner that each respective person has
complied with all applicable terms and conditions of this title, and
notwithstanding the provisions of the public lands law, the commissioner
shall be authorized to release and extinguish all right, title and
interest of the state in the disputed parcels that are located within
these surveyed boundaries, without reservation and exception. The legal
descriptions shall be approved by the commissioner and incorporated into
the release and extinguishment document. The commissioner shall send
notice of the state's release and extinguishment of rights to a disputed
parcel by separate letter to each person for each parcel of land the
title to which has been settled pursuant to this title, and upon release
and extinguishment of rights, the state shall be estopped from asserting
any claim of title to disputed parcels based upon (a) facts or actions
that occurred prior to the effective date of this title, and (b) deeds,
tax sales or other documents that predate the effective date of this
title. The commissioner shall also cause to be prepared an accurate
survey map, to be recorded in the county clerk's office, and a legal
description from the survey map, for each individual parcel of land the
claimant of which has filed a notice pursuant to paragraph b of
subdivision two of this section or has not complied in a timely fashion
with the requirements of subdivisions two, four or five of this section.
The department shall provide a copy of such survey and legal description
to the office of the attorney general to assist in the litigation
required by section 9-1909 of this title.