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Public Act 101-0243


 

Public Act 0243 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0243
 
HB2073 EnrolledLRB101 04909 AWJ 49918 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Park District Code is amended by changing
Section 10-7 as follows:
 
    (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 4
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.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/9/2019