(70 ILCS 2605/8d)
Transfer of certain real property.
The Board of Commissioners of
the District, upon its determination that all or part of the prism of the
relocated North Branch of the Chicago River, between the north right-of-way
line of Belmont Avenue (on the south) and the south right-of-way line of
Lawrence Avenue (on the north) in Chicago, Cook County, Illinois, is no longer
needed for its corporate purposes, and that disposition thereof is in the best
interests of the District, with the recommendation of its Executive Director, may convey for fair market value, directly to owners of real
property immediately adjacent thereto, such interest in the channel prism
as the Board of Commissioners may deem appropriate, by direct negotiation with
the adjacent real property owners and without competitive bidding, but
otherwise subject to all laws, ordinances, and rules applicable to the
disposition of surplus real property by the District, upon whatever terms the
Board of Commissioners deems appropriate, but subject to the following
(1) The adjacent owner has constructed a dock, patio,
terrace, or other nonhabitable recreational structure within the channel prism and adjacent to the owner's personal residence.
(2) The structure has been constructed and used
before the effective date of this amendatory Act of 1994.
(3) The structure is an appurtenance to the personal
residence of the owner of the adjacent real property and is used solely for noncommercial personal recreational activities.
(4) The structure is otherwise in compliance with all
applicable laws, ordinances, rules, and policies of any governmental body having jurisdiction of the real estate, the parties involved with the structure, or the activity of any of the parties involved.
(5) The Director of Engineering and the Director of
the Maintenance and Operations Department of the District have determined that the structure will not interfere with the District's execution of its corporate purposes or functions and that the existence of the structure will not hamper or obstruct the hydraulic flows in the channel prism.
(6) No expansion, extension, or enlargement of the
structure is permitted after the date of conveyance of the channel prism segment by the District to the adjacent real property owner.
(Source: P.A. 95-923, eff. 1-1-09.)