Article 10 - Powers (Continued) Sales and Conveyance Of Real Estate
(70 ILCS 1205/10‑1) (from Ch. 105, par. 10‑1) Sec. 10‑1. Every park district shall retain and be vested with all power and authority contained in "An Act to authorize the commissioners of park districts to convey property to and lease property from the Federal Government", approved November 21, 1933, as amended. (Source: P. A. 77‑554.) |
(70 ILCS 1205/10‑3) (from Ch. 105, par. 10‑3) Sec. 10‑3. Every park district shall retain and be vested with all power and authority contained in an act entitled "An Act to enable the board of park commissioners of certain park districts to convey certain lands for park and other purposes," approved June 25, 1917. Nothing contained in this code shall be deemed to limit the rights and powers conferred upon park districts to make and receive conveyances of real estate under "An Act concerning the powers of certain municipal corporations with respect to real estate," approved July 2, 1925, and the power and procedure therein prescribed is hereby specifically reserved to all park districts. (Source: Laws 1951, p. 113.) |
(70 ILCS 1205/10‑4) (from Ch. 105, par. 10‑4) Sec. 10‑4. Any park district shall have the power to acquire by gift, grant or purchase, real estate and lands for use as a site for an armory and to convey, sell, donate, lease or rent real estate or lands so acquired and any real estate or lands now owned by such park district to the State of Illinois or to any proper agency thereof for use as a site for an armory, but the park district shall have no power to divert any gift, grant or legacy from the specific purpose designated by the donor. Such district shall have power to acquire by lease or permit the right to occupy and use real estate, land and riparian estates for park and playground purposes and to improve, maintain and equip the same as a park or playground, and to place permanent buildings and structures thereon. Such district may by ordinance lease, for any period not exceeding 99 years, any tract or parcel of land of the park district to any organization incorporated under the laws of this State as a corporation not for pecuniary profit, as a site for a memorial to the military and naval forces of this State and of the United States. (Source: P.A. 83‑388.) |
(70 ILCS 1205/10‑7) (from Ch. 105, par. 10‑7) Sec. 10‑7. Sale, lease, or exchange of realty. (a) Any park district owning and holding any real estate is authorized (1) to sell or lease that property to the State of Illinois, with the State's consent, or another unit of Illinois State or local government for public use, (2) to give the property to the State of Illinois if the property is contiguous to a State park, or (3) to lease that property upon the terms and at the price that the board determines for a period not to exceed 99 years to any corporation organized under the laws of this State, for public use. The grantee or lessee must covenant to hold and maintain the property for public park or recreational purposes unless the park district obtains other real property of substantially the same size or larger and of substantially the same or greater suitability for park purposes without additional cost to the district. In the case of property given or sold under this subsection after the effective date of this amendatory Act of the 92nd General Assembly for which this covenant is required, the conveyance must provide that ownership of the property automatically reverts to the grantor if the grantee knowingly violates the required covenant by allowing all or any part of the property to be used for purposes other than park or recreational purposes. Real estate given, sold, or leased to the State of Illinois under this subsection (1) must be 50 acres or more in size, (2) may not be located within the territorial limits of a municipality, and (3) may not be the site of a known environmental liability or hazard. (b) Any park district owning or holding any real estate is authorized to convey such property to a nongovernmental entity in exchange for other real property of substantially equal or greater value as determined by 2 appraisals of the property and of substantially the same or greater suitability for park purposes without additional cost to such district. Prior to such exchange with a nongovernmental entity the park board shall hold a public meeting in order to consider the proposed conveyance. Notice of such meeting shall be published not less than three times (the first and last publication being not less than 10 days apart) in a newspaper of general circulation within the park district. If there is no such newspaper, then such notice shall be posted in not less than 3 public places in said park district and such notice shall not become effective until 10 days after said publication or posting. (c) Notwithstanding any other provision of this Act, this subsection (c) shall apply only to park districts that serve territory within a municipality having more than 40,000 inhabitants and within a county having more than 260,000 inhabitants and bordering the Mississippi River. Any park district owning or holding real estate is authorized to sell that property to any not‑for‑profit corporation organized under the laws of this State upon the condition that the corporation uses the property for public park or recreational programs for youth. The park district shall have the right of re‑entry for breach of condition subsequent. If the corporation stops using the property for these purposes, the property shall revert back to ownership of the park district. Any temporary suspension of use caused by the construction of improvements on the property for public park or recreational programs for youth is not a breach of condition subsequent. Prior to the sale of the property to a not‑for‑profit corporation, the park board shall hold a public meeting to consider the proposed sale. Notice of the meeting shall be published not less than 3 times (the first and last publication being not less than 10 days apart) in a newspaper of general circulation within the park district. If there is no such newspaper, then the notice shall be posted in not less than 3 public places in the park district. The notice shall be published or posted at least 10 days before the meeting. A resolution to approve the sale of the property to a not‑for‑profit corporation requires adoption by a majority of the park board. (d) Real estate, not subject to such covenant or which has not been conveyed and replaced as provided in this Section, may be conveyed in the manner provided by Sections 10‑7a to 10‑7d hereof, inclusive. (e) In addition to any other power provided in this Section, any park district owning or holding real estate that the board deems is not required for park or recreational purposes may lease such real estate to any individual or entity and may collect rents therefrom. Such lease shall not exceed 2 and one‑half times the term of years provided for in Section 8‑15 governing installment purchase contracts. (f) Notwithstanding any other provision of law, if (i) the real estate that a park district with a population of 3,000 or less transfers by lease, license, development agreement, or other means to any private entity is greater than 70% of the district's total property and (ii) the current use of the real estate will be substantially altered by that private entity, the real estate may be conveyed only in the manner provided for in Sections 10‑7a, 10‑7b, and 10‑7c. (Source: P.A. 91‑423, eff. 8‑6‑99; 91‑918, eff. 7‑7‑00; 92‑401, eff. 1‑1‑02.) |
(70 ILCS 1205/10‑7a) (from Ch. 105, par. 10‑7a) Sec. 10‑7a. When any park district owns and holds such real estate, and desires to sell the same under provisions of Section 10‑7 hereof or to transfer real estate subject to subsection (f) of Section 10‑7, the board shall, by four‑fifths vote, adopt a resolution describing such property and in and by said resolution find and declare that said property is no longer needed or useful for park purposes and that it intends to sell or transfer the same. After said resolution has been adopted the same shall be published not less than 3 times (the first and last publication being not less than 10 days apart) in a newspaper published and of general circulation within the park district, if there be such a paper. If there be no such newspaper, then publication shall be in some newspaper of general circulation in such district, if any, or if none, then such resolution shall be posted in not less than 3 public places in said park district and said resolution shall not become effective until 10 days after said publication or posting. (Source: P.A. 91‑918, eff. 7‑7‑00.) |
(70 ILCS 1205/10‑7b) (from Ch. 105, par. 10‑7b) Sec. 10‑7b. Such property, subject to the provisions of Section 10‑7a, shall not be sold or transferred unless the sale or transfer thereof is approved by a majority of the voters of said park district voting on the question at a regular election. (Source: P.A. 91‑918, eff. 7‑7‑00.) |
(70 ILCS 1205/10‑7c) (from Ch. 105, par. 10‑7c) Sec. 10‑7c. Upon the completion of the publication required by Section 10‑7a the board shall either abandon said sale or transfer or certify the question to the proper election officials, who shall submit the question of selling or transferring said property to the voters of said park district at a regular election in accordance to the general election law. The proposition shall be in substantially the following form: Shall the.... park district(sell or transfer) the YESfollowing real estate.... (here describe land proposed NOto be sold or transferred)? Notice of such referendum shall be given and said referendum shall be conducted in the manner provided by the general election law, but such notice shall describe the property to be sold. If a majority of the electors voting on the question vote in the affirmative, the park district may thereafter sell or transfer the real estate. (Source: P.A. 91‑918, eff. 7‑7‑00.) |
(70 ILCS 1205/10‑7d) (from Ch. 105, par. 10‑7d) Sec. 10‑7d. If a majority of the voters in any park district voting on the question at a referendum held for that purpose votes in favor of selling such property under Sections 10‑7 to 10‑7d hereof, inclusive, the governing board shall, proceed to sell such property at public auction after first giving two weeks' notice of the time and place and terms of said sale by notice published two successive weeks, once each week, the first publication to be not less than fifteen days prior to the date fixed for said sale, in a newspaper published and of general circulation in said district, if there be such a newspaper. If there be no such newspaper, then such publication may be had in a newspaper of general circulation in the district, if any, or if none, then by posting in not less than ten public places in such district. Said board shall sell said property to the highest responsible bidder at said auction and notice of sale shall be in substantially the following form: NOTICE OF SALE Notice is hereby given that on (insert date), the .... Park District will sell at public sale at .... at the hour of .... o'clock ...M. the following described property: (Here describe property) The terms of the sale shall be as follows: (Here insert terms upon which property shall be sold). By order of the Board of .... Park District. .... (President of .... Park District) Prior to directing notice for sale the board shall adopt a resolution fixing the time for the sale, specifying the terms of the sale which shall not be less than one‑third of the purchase price in cash and the balance in 2 equal payments due not more than 6 months and 12 months from date of sale. In the event no bids are received at such sale, said property may, without another referendum on such question, again be advertised for sale at any time within 12 months from date of the first sale, in the manner hereinabove provided. The Board may reserve the right to reject any or all bids and advertise for resale. In the event said property is not sold within 12 months from date of the first public sale, said property shall not be sold until a new resolution is adopted with new opportunity for referendum on such question by the voters. Any deed, subject to the provisions of Sections 10‑7a to this Section 10‑7d, inclusive, shall be executed by the president and secretary of the district and shall be deposited in escrow with the treasurer of said district, and shall not be released to the purchaser of said property or recorded until the purchase price therefor has been deposited in full with said treasurer. Any proceeds derived from the sale of such property shall become a part of the general corporate funds of said district. (Source: P.A. 91‑357, eff. 7‑29‑99.) |