(30 ILCS 605/7.1)
(from Ch. 127, par. 133b10.1)
(a) Except as otherwise provided by law, all surplus real
property held by the State of Illinois shall be disposed of by the
administrator as provided in this Section. "Surplus real property," as
used in this Section, means any real property to which the State holds fee
simple title or
lesser interest, and is vacant, unoccupied or unused and which has no
foreseeable use by the owning agency.
(b) All responsible officers shall submit an Annual Real Property
Utilization Report to the Administrator, or annual update of such
report, on forms required by the Administrator, by July 31 of each year.
The Administrator may require such documentation as he deems reasonably
necessary in connection with this Report, and shall require that such
Report include the following information:
(1) A legal description of all real property owned by the State
under the control of the responsible officer.
(2) A description of the use of the real property listed under (1).
(3) A list of any improvements made to such real property during the
(4) The dates on which the State first acquired its interest in such
real property, and the purchase price and source of the funds used to
acquire the property.
(5) Plans for the future use of currently unused real property.
(6) A declaration of any surplus real property.
On or before October 31 of each year the Administrator shall furnish
copies of each responsible officer's report along with a list of surplus
property indexed by legislative district to the General Assembly.
This report shall be filed with the Speaker, the Minority Leader and the
Clerk of the House of Representatives and the President, the Minority
Leader and the Secretary of the Senate and shall be duplicated and made
available to the members of the General Assembly for evaluation by such
members for possible liquidation of unused public property at public sale.
(c) Following receipt of the Annual Real Property Utilization Report
required under paragraph (b), the Administrator shall notify all State
agencies by October 31 of all declared surplus real
property. Any State
agency may submit a written request to the Administrator, within 60 days
of the date of such notification, to have control of surplus real
property transferred to that agency. Such request must indicate the
reason for the transfer and the intended use to be made of such surplus
real property. The Administrator may deny any or all such requests by a
State agency or agencies if the Administrator determines that it is more
advantageous to the State to dispose of the surplus real property under
paragraph (d). In case requests for the same surplus real property are
received from more than one State agency, the Administrator shall weigh
the benefits to the State and determine to which agency, if any, to
transfer control of such property. The Administrator shall coordinate
the use and disposal of State surplus real property with any State space
(d) Any surplus real property which is not transferred to the
control of another State agency under paragraph (c) shall be disposed of
by the Administrator. No appraisal is required if during his initial
survey of surplus real property the Administrator determines such
property has a fair market value of less than $5,000. If the value of
such property is determined by the Administrator in his initial survey
to be $5,000 or more, then the Administrator shall obtain 3 appraisals
of such real property, one of which shall be performed by an appraiser
residing in the county in which said surplus real property is located.
The average of these 3 appraisals, plus the costs of obtaining the
appraisals, shall represent the fair market value of the surplus real
property. No surplus real property may be conveyed by the Administrator
for less than the fair market value. Prior to offering the surplus real
property for sale to the public the Administrator shall give notice in
writing of the existence and fair market value of the surplus real
property to the governing bodies of the county and of all cities,
villages and incorporated towns in the county in which such real
property is located. Any such governing body may exercise its option to
acquire the surplus real property for the fair market value within 60
days of the notice. After the 60 day period has passed, the
Administrator may sell the surplus real property by public auction
following notice of such sale by publication on 3 separate days not less
than 15 nor more than 30 days prior to the sale in the State newspaper
and in a newspaper having general circulation in the county in which the
surplus real property is located. The Administrator shall post "For
Sale" signs of a conspicuous nature on such surplus real property
offered for sale to the public. If no acceptable offers for the surplus
real property are received, the Administrator may have new appraisals of
such property made. The Administrator shall have all power necessary to
convey surplus real property under this Section. All moneys received
for the sale of surplus real property shall be deposited in the General
Revenue Fund, except that:
(1) Where moneys expended for the acquisition of such
real property were from a special fund which is still a special fund in the State treasury, this special fund shall be reimbursed in the amount of the original expenditure and any amount in excess thereof shall be deposited in the General Revenue Fund.
(2) Whenever a State mental health facility operated
by the Department of Human Services is closed and the real estate on which the facility is located is sold by the State, the net proceeds of the sale of the real estate shall be deposited into the Community Mental Health Medicaid Trust Fund.
(3) Whenever a State developmental disabilities
facility operated by the Department of Human Services is closed and the real estate on which the facility is located is sold by the State, the net proceeds of the sale of the real estate shall be deposited into the Community Developmental Disability Services Medicaid Trust Fund.
The Administrator shall have authority to order such surveys, abstracts
of title, or commitments for title insurance as may, in his reasonable
discretion, be deemed necessary to demonstrate to prospective purchasers or
bidders good and marketable title in any property offered for sale pursuant
to this Section. Unless otherwise specifically authorized by the General
Assembly, all conveyances of property made by the Administrator shall be by
quit claim deed.
(e) The Administrator shall submit an annual report on or before
February 1 to the Governor and the General Assembly containing a
detailed statement of surplus real property either transferred or
conveyed under this Section.
(Source: P.A. 96-527, eff. 1-1-10; 96-660, eff. 8-25-09; 96-1000, eff. 7-2-10.)