5 
option must be exercised within six months after the service upon him of a 
notice of the appropriation of such land by the forest preserve board, by serving 
upon such board a written notice that he elects to reserve the spruce timber 
thereon. If such a notice be not served by the owner within the time above 
specified, he shall be deemed to have waived his right to such reservation, and 
such timber shall thereupon become and be the property of the State. In case 
land is acquired by purchase, the spruce timber and no other may be reserved 
by agreement between the board and the owner, subject to all the provisions of 
this act in relation to timber reserved after an appropriation of land by the forest 
preserve board. The presentation of a claim to the court of claims before the 
service of a notice of reservation, shall be deemed a waiver of the right to such 
reservation. 
Src. 8. The reservation of timber and the manner of exercising and consum- 
mating such right are subject to the following restrictions, limitations and con- 
ditions : 
1. The reservation does not include or affect timber within twenty rods of a 
lake, pond or river, and such timber can not be reserved. Roads may be cut or 
built across or through such reserved space of twenty rods, under the supervision 
of the forest preserve board, for the purpose of removing spruce timber from 
adjoining land, and the reservation of spruce timber within such space shall be 
deemed a reservation by the owner, his assignee or representative, of the right 
to cut other timber necessary in constructing such road, but such reservation 
does not confer a right to remove such other timber so cut, or to use it otherwise 
than in constructing a road. 
2. The timber reserved must be removed from the land within fifteen years 
after the service of notice of reservation, or the making of an agreement subject 
to reguiations to be prescribed by the forest preserve board; but such land shall 
not be cut over more than once, and the said board may prescribe regulations for 
the purpose of enforcing this limitation. All timber reserved and not removed 
from the land within such time shall thereupon become and be the property of 
the State, and all the title or claim thereto by the original owner, his assigns or 
representatives, shall thereupon be deemed abandoned. 
Src. 9. A person who reserves timber as herein provided is not entitled to any 
compensation for the value of his land purchased or taken and appropriated by 
the State, nor for any damages caused thereby, until: 
1. The timber so reserved is all removed and the object of the reservation fully 
consummated; or 
2. The time limited for the removal of such timber has fully elapsed, or the 
right to remove any more timber is waived by a written instrument filed with 
the forest preserve board; and 
3. The forest preserve board is satisfied that no trespass on State lands has 
been committed by such owner or his assigns or representatives; that no timber 
or other property of the State not so reserved has been taken, removed, destroyed 
or injured by him or them, and that a cause of action in behalf of the State does 
not exist against him or them for any alleged trespass or other injury to the 
property or interests of the State; and 
4. That the owner, his assignee, or other representative has fully complied 
with all rules, regulations and requirements of the forest preserve board con- 
cerning the use of streams or other property of the State for the purpose of 
removing such timber. 
Sec. 10. A warrant shall not be drawn by the comptroller for the amount of 
compensation agreed upon between the owner and the forest preserve board, nor 
for the amount of a judgment rendered by the court of claims, until a further 
certificate by the board is filed with him to the effect that the owner has not 
reserved any timber or that he, his assignee, or other representative, has com- 
plied with the provisions of this act, or has otherwise become entitled to receive 
the amount of the purchase price, award or judgment. 
Sec. 11. The forest preserve board may settle and adjust any claims for dam- 
ages due to the State on account of any trespasses or other injuries to property 
or interests of the State, or penalties incurred by reason of such trespasses or 
otherwise, and the amount of such damages or penalties so adjusted shall be 
deducted from the original compensation agreed to be paid for the lands, or for 
damages, or from a judgment rendered by the court of claims on account of the 
appropriation of such land. A judgment recovered by the State for such a 
trespass or for a penalty shall likewise be deducted from the amount of such 
compensation or judgment. 
