Full Text of HB3864 102nd General Assembly
HB3864enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning urban problems.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Findings. | 5 | | (1) The General Assembly finds that in the 20th Century | 6 | | African-American communities in Illinois were substantially | 7 | | economically disadvantaged due to the policy of "redlining", | 8 | | whereby mortgage opportunities were denied to | 9 | | African-Americans or provided at greater than average interest | 10 | | rates. | 11 | | (2)
The General Assembly finds that through these | 12 | | policies, the African-American population of Illinois became | 13 | | concentrated in certain neighborhoods in Illinois cities. Due | 14 | | to the lack of access to capital, many of the renters in these | 15 | | neighborhoods were at the mercy of unscrupulous landlords, who | 16 | | failed to provide the proper maintenance and improvements to | 17 | | their properties. African-American homeowners in these | 18 | | neighborhoods often lacked the funds for proper upkeep. As a | 19 | | result, these neighborhoods began to become rundown and | 20 | | dilapidated. Soon thereafter these neighborhoods were deemed | 21 | | "blighted". Policymakers began to look for solutions to the | 22 | | problem of "blighted areas". | 23 | | (3) The Blighted Areas Redevelopment Act of 1947 was | 24 | | enacted in an attempt to address the blighted areas problem. |
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| 1 | | However, the General Assembly finds that the ultimate effect | 2 | | of this Act was to codify discriminatory housing practices by | 3 | | declaring large swaths of African-American neighborhoods | 4 | | blighted areas. This resulted in these areas being condemned | 5 | | and demolished and the residents being forced to move without | 6 | | affordable housing readily available. The ultimate result was | 7 | | that the condemned areas were not redeveloped with affordable | 8 | | housing, but rather converted to mixed industrial or highway | 9 | | use, effectively serving as a "moat" between African-American | 10 | | neighborhoods and the rest of the city. | 11 | | (4) The General Assembly finds that the stain of the | 12 | | discriminatory effects of the Blighted Areas Redevelopment Act | 13 | | of 1947 cannot be erased. However, the effects can be | 14 | | recognized and with the repeal of the Act, the path toward | 15 | | healing can begin.
| 16 | | Section 5. The Illinois Municipal Code is amended by | 17 | | changing Section 1-1-10 as follows:
| 18 | | (65 ILCS 5/1-1-10) (from Ch. 24, par. 1-1-10)
| 19 | | Sec. 1-1-10.
It is the policy of this State that all powers | 20 | | granted, either
expressly or by necessary implication, by this | 21 | | Code, by Illinois statute,
or by the Illinois Constitution to | 22 | | municipalities may be exercised
by those municipalities , and | 23 | | the officers, employees , and agents of each ,
notwithstanding | 24 | | effects on competition.
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| 1 | | It is further the policy of this State that home rule | 2 | | home-rule municipalities and , the officers, employees , and | 3 | | agents of each may
(1) exercise any power and perform any | 4 | | function pertaining to their government
and affairs or (2) | 5 | | exercise those powers within traditional areas of municipal
| 6 | | activity, except as limited by the Illinois Constitution or a | 7 | | proper limiting
statute, notwithstanding effects on | 8 | | competition.
| 9 | | It is the intention of the General Assembly that the | 10 | | "State action exemption"
to the application of federal | 11 | | antitrust statutes be fully available to
all municipalities , | 12 | | and the agents, officers , and employees of each
to the extent | 13 | | they are exercising authority as aforesaid, including, but
not | 14 | | limited to, the provisions of Sections 6, 7 , and 10 of Article | 15 | | VII of
the Illinois Constitution or the provisions of the | 16 | | following Illinois
statutes, as each is now in existence or | 17 | | may hereinafter be amended:
| 18 | | (a) The Illinois Local Library Act; Article 27 of the | 19 | | Property Tax Code "An Act to provide the manner of
levying or | 20 | | imposing taxes for the provision of special services to areas
| 21 | | within the boundaries of home rule units and non-home rule | 22 | | municipalities
and counties", approved September 21, 1973, as | 23 | | amended ; the Housing Development and Construction Act "An Act | 24 | | to
facilitate the development and construction of housing, to | 25 | | provide
governmental assistance therefor, and to repeal an Act | 26 | | herein named", approved July
2, 1947, as amended ; or the |
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| 1 | | Housing Authorities Act, the Housing
Cooperation Law, the | 2 | | Blighted Areas Redevelopment Act of 1947, the Blighted
Vacant | 3 | | Areas Development Act of 1949, the Urban Community | 4 | | Conservation Act,
the Illinois Enterprise Zone Act , or any | 5 | | other power exercised pursuant to
the Intergovernmental | 6 | | Cooperation Act; or
| 7 | | (b) Divisions 1, 2, 3, 4, 5 , and 6 of Article 7 of the | 8 | | Illinois Municipal
Code; Divisions 9, 10 , and 11 of Article 8 | 9 | | of the Illinois Municipal Code;
Divisions 1, 2, 3, 4 , and 5 of | 10 | | Article 9 of the Illinois Municipal Code; and
all of Divisions | 11 | | of Articles 10 and 11 of the Illinois Municipal Code; or
| 12 | | (c) Any other Illinois statute or constitutional provision | 13 | | now existing
or which may be enacted in the future, by which | 14 | | any municipality may exercise authority.
| 15 | | The "State action exemption" for which provision is made | 16 | | by this Section
shall be liberally construed in favor of such | 17 | | municipalities and the
agents, employees , and officers | 18 | | thereof, and such exemption shall be
available notwithstanding | 19 | | that the action of the municipality or its
agents, officers , | 20 | | or employees
constitutes an irregular exercise of | 21 | | constitutional or statutory powers.
However, this exemption | 22 | | shall not apply where the action alleged to be in
violation of | 23 | | antitrust law exceeds either (1) powers granted, either
| 24 | | expressly or by necessary implication, by Illinois statute or | 25 | | the Illinois
Constitution or (2) powers granted to a home rule | 26 | | municipality to perform
any function pertaining to its |
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| 1 | | government and affairs or to act within
traditional areas of | 2 | | municipal activity, except as limited by the Illinois
| 3 | | Constitution or a proper limiting statute.
| 4 | | Notwithstanding the foregoing, where it is alleged that a | 5 | | violation of
the antitrust laws has occurred, the relief | 6 | | available to the plaintiffs
shall be limited to an injunction | 7 | | which enjoins the alleged activity.
| 8 | | Nothing in this Section is intended to prohibit or limit | 9 | | any cause of
action other than under an antitrust theory.
| 10 | | (Source: P.A. 84-1050; revised 8-7-19.)
| 11 | | Section 10. The Housing Authorities Act is amended by | 12 | | changing Sections 9 and 17 and by adding Section 8.24 as | 13 | | follows: | 14 | | (310 ILCS 10/8.24 new) | 15 | | Sec. 8.24. Land clearance commissions. Any Land Clearance | 16 | | Commission created prior to the effective date of this | 17 | | amendatory Act of the 102nd General Assembly in accordance | 18 | | with the Blighted Areas Redevelopment Act of 1947 (repealed) | 19 | | shall be deemed lawful and valid except as provided under the | 20 | | Urban Renewal Consolidation Act of 1961. Nothing herein | 21 | | contained shall affect or impair the validity of any act or | 22 | | proceeding done or performed by such Land Clearance Commission | 23 | | under the Blighted Areas Redevelopment Act of 1947 prior to | 24 | | the effective date of this amendatory Act of the 102nd General |
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| 1 | | Assembly.
| 2 | | (310 ILCS 10/9) (from Ch. 67 1/2, par. 9)
| 3 | | Sec. 9. Whenever it shall be deemed necessary by an | 4 | | Authority in
connection with the exercise of its powers herein | 5 | | conferred to take or
acquire the fee of any real property in | 6 | | the area of operation or any
interest therein or right with | 7 | | respect thereto, such Authority may
acquire the same directly | 8 | | or through its agent or agents from the owner
or owners thereof | 9 | | or may acquire the same by the exercise of eminent
domain in | 10 | | the manner provided by the Eminent Domain Act.
| 11 | | If any of such property is devoted to a public use it may
| 12 | | nevertheless be acquired, provided that no property belonging | 13 | | to a
government may be acquired without its consent and that no | 14 | | property
belonging to a corporation subject to the | 15 | | jurisdiction of the Illinois
Commerce Commission may be | 16 | | acquired without the approval of the Illinois
Commerce | 17 | | Commission.
| 18 | | The power of eminent domain shall apply not only to | 19 | | improved or
unimproved property which may be acquired for or | 20 | | as an incident to the
development or operation of a project or | 21 | | projects, but also to: (a) any
improved or unimproved property | 22 | | the acquisition of which is necessary or
appropriate for the | 23 | | rehabilitation or redevelopment of any blighted or
slum area, | 24 | | or (b) any improved or unimproved property which the
Authority | 25 | | may require to carry out the provisions of this Act. Such
power |
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| 1 | | may be exercised by the Housing Authority on its own | 2 | | initiative or
as an agent of the city, village, incorporated | 3 | | town, county or counties,
or any government, or for the | 4 | | purpose of sale or lease to: (a) a housing
corporation | 5 | | operating under "An Act in relation to housing", approved
July | 6 | | 12, 1933, as amended; (b) neighborhood redevelopment | 7 | | corporations
operating under the "Neighborhood Redevelopment | 8 | | Corporation Law",
approved July 9, 1941, as amended; (c) | 9 | | insurance companies operating
under Section 125a of the | 10 | | "Illinois Insurance Code", approved June 29,
1937, as amended; | 11 | | (d) non-profit corporations organized for the purpose
of | 12 | | constructing, managing and operating housing projects and for | 13 | | the
improvement of housing conditions, including the rental or | 14 | | sale of
housing units to persons in need thereof; or to any | 15 | | other individual,
association or corporation desiring to | 16 | | engage in a development or
redevelopment project. No sale or | 17 | | lease shall be made hereunder to any
of the aforesaid | 18 | | corporations, associations or individuals
unless a plan
has | 19 | | been approved by the Authority and the Department for the | 20 | | development
or redevelopment of such
property and unless the | 21 | | purchaser or lessee furnishes the Authority a
bond, with | 22 | | satisfactory sureties, in an amount not less than 10% of the
| 23 | | cost of such development or redevelopment, conditioned on the | 24 | | completion
of such development or redevelopment in accordance | 25 | | with the approved
plan; provided that the requirement of the | 26 | | bond may be waived by the
Department if it is satisfied of the
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| 1 | | financial ability of the purchaser or lessee to complete such
| 2 | | development or redevelopment in accordance with the approved | 3 | | plan. To
further assure that the real property so sold or | 4 | | leased shall be used in
accordance with the plan, the | 5 | | Department may
require the purchaser or lessee to execute in | 6 | | writing such undertakings
as the Department deems necessary to | 7 | | obligate such purchaser or lessee
(1) to use the property for | 8 | | the purposes presented in plans; (2) to
commence and complete | 9 | | the building of the improvements designated in the
plan within | 10 | | the periods of time that the Department fixes as reasonable;
| 11 | | and (3) to comply with such other
conditions as are necessary | 12 | | to carry out the purpose of this Act. Any
such property may be | 13 | | sold pursuant to this section for any legal
consideration in | 14 | | an amount to be approved by the Department.
| 15 | | If the area of operation of a housing authority includes a | 16 | | city,
village or incorporated town having a population in | 17 | | excess of 500,000 as
determined by the last preceding Federal | 18 | | census, no real property or
interest in real property shall be | 19 | | acquired in such municipality by the
housing authority until | 20 | | such time as the housing authority has advised
the governing | 21 | | body of such municipality of the description of the real
| 22 | | property, or interest therein, proposed to be acquired, and | 23 | | the
governing body of the municipality has approved the | 24 | | acquisition thereof
by the housing authority.
| 25 | | A "blighted or slum area" means any area of not less, in | 26 | | the
aggregate, than one acre, excepting that in any |
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| 1 | | municipality having a
population in excess of 500,000, as | 2 | | determined by the last preceding
Federal census, a "blighted | 3 | | or slum area" means any area of not less in
the aggregate of2 | 4 | | acres which area, in either case, has been
designated by | 5 | | municipal ordinance or by the Authority as an integrated
| 6 | | project for rehabilitation, development or redevelopment, | 7 | | where (a)
buildings or improvements, by reason of | 8 | | dilapidation, obsolescence,
overcrowding, faulty arrangement | 9 | | or design, lack of ventilation, light
or sanitary facilities, | 10 | | excessive land coverage, deleterious land use or
layout or any | 11 | | combination of these factors, are a detriment to public
| 12 | | safety, health or morals, or welfare, or (b) there exists | 13 | | platted land
which is predominantly open and which, because of | 14 | | obsolete platting,
diversity of ownership, deterioration of | 15 | | structures or of site
improvements, or otherwise substantially | 16 | | impairs or arrests the sound
growth of the community and which | 17 | | is to be developed for predominantly
residential uses, or (c) | 18 | | there exists open unplatted land necessary for
sound community | 19 | | growth which is to be developed for predominantly
residential | 20 | | uses, or (d) parcels of land remain undeveloped because of
| 21 | | improper platting, delinquent taxes or special assessments, | 22 | | scattered or
uncertain ownerships, clouds on title, artificial | 23 | | values due to
excessive utility costs, or any other impediment | 24 | | to the use of such area
for predominantly residential uses; | 25 | | provided, that if in any city,
village or incorporated town | 26 | | there exists a land clearance commission,
created under the |
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| 1 | | " Blighted Areas Redevelopment Act of 1947 (repealed) prior to | 2 | | the effective date of this amendatory Act of the 102nd General | 3 | | Assembly " , having the
same area of operation as a housing | 4 | | authority created in and for any
such municipality, such | 5 | | housing authority shall have no power to acquire
land of the | 6 | | character described in sub-paragraphs (b), (c) or (d) of the
| 7 | | definition of "blighted or slum area", in this paragraph for | 8 | | the purpose
of development or redevelopment by private | 9 | | enterprise.
| 10 | | The Housing Authority shall have power to hold or use any | 11 | | such
property for uses authorized by this Act, or to sell, | 12 | | lease or exchange
such property as is not required for such | 13 | | uses by the Authority. In
case of sale or lease to other than a | 14 | | public corporation or public
agency, notice shall be given and | 15 | | bids shall be received in the manner
provided by Section | 16 | | 11-76-2 of the Illinois Municipal Code, as amended,
and bids | 17 | | may be accepted by vote of three
of the five Commissioners of | 18 | | the Authority; provided, however,
that such requirement of | 19 | | notice and bidding shall not apply to a sale or
lease to any | 20 | | individual, association or corporation described in the
| 21 | | preceding paragraph; nor to a sale or lease of an individual | 22 | | dwelling
unit in a project, to be used by the purchaser as a | 23 | | dwelling for his
family; nor to a sale or lease of a project or | 24 | | part thereof to an
association to be so used by its members. In | 25 | | case of exchange of
property for property privately owned, | 26 | | three disinterested appraisers
shall be appointed to appraise |
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| 1 | | the value of the property to be
exchanged, and such exchange | 2 | | shall not be made unless the property to be
received by the | 3 | | Authority is equal or greater in value than the property
to be | 4 | | exchanged therefor, or if less than such value, that the
| 5 | | difference shall be paid in money.
| 6 | | (Source: P.A. 94-1055, eff. 1-1-07.)
| 7 | | (310 ILCS 10/17) (from Ch. 67 1/2, par. 17)
| 8 | | Sec. 17. Definitions. The following terms, wherever used | 9 | | or referred to in this
Act shall have the following respective | 10 | | meanings, unless in any case a
different meaning clearly | 11 | | appears from the context:
| 12 | | (a) "Authority" or "housing authority" shall mean a | 13 | | municipal
corporation organized in accordance with the | 14 | | provisions of this Act for
the purposes, with the powers and | 15 | | subject to the restrictions herein set
forth.
| 16 | | (b) "Area" or "area of operation" shall mean: (1) in the | 17 | | case of an
authority which is created hereunder for a city, | 18 | | village, or incorporated
town, the area within the territorial | 19 | | boundaries of said city, village, or
incorporated town, and so | 20 | | long as no county housing authority has
jurisdiction therein, | 21 | | the area within three miles from such territorial
boundaries, | 22 | | except any part of such area located within the territorial
| 23 | | boundaries of any other city, village, or incorporated town; | 24 | | and (2) in the
case of a county shall include all of the county | 25 | | except the area of any
city, village or incorporated town |
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| 1 | | located therein in which there is an
Authority. When an | 2 | | authority is created for a county subsequent to the
creation | 3 | | of an authority for a city, village or incorporated town | 4 | | within
the same county, the area of operation of the authority | 5 | | for such city,
village or incorporated town shall thereafter | 6 | | be limited to the territory
of such city, village or | 7 | | incorporated town, but the authority for such
city, village or | 8 | | incorporated town may continue to operate any project
| 9 | | developed in whole or in part in an area previously a part of | 10 | | its area of
operation, or may contract with the county housing | 11 | | authority with respect
to the sale, lease, development or | 12 | | administration of such project. When an
authority is created | 13 | | for a city, village or incorporated town subsequent to
the | 14 | | creation of a county housing authority which previously | 15 | | included such
city, village or incorporated town within its | 16 | | area of operation, such
county housing authority shall have no | 17 | | power to create any additional
project within the city, | 18 | | village or incorporated town, but any existing
project in the | 19 | | city, village or incorporated town currently owned and
| 20 | | operated by the county housing authority shall remain in the | 21 | | ownership,
operation, custody and control of the county | 22 | | housing authority.
| 23 | | (c) "Presiding officer" shall mean the presiding officer | 24 | | of the
board of a county, or the mayor or president of a city, | 25 | | village or
incorporated town, as the case may be, for which an | 26 | | Authority is created
hereunder.
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| 1 | | (d) "Commissioner" shall mean one of the members of an | 2 | | Authority
appointed in accordance with the provisions of this | 3 | | Act.
| 4 | | (e) "Government" shall include the State and Federal | 5 | | governments and
the governments of any subdivisions, agency or | 6 | | instrumentality,
corporate or otherwise, of either of them.
| 7 | | (f) "Department" shall mean the Department of Commerce and
| 8 | | Economic Opportunity.
| 9 | | (g) "Project" shall include all lands, buildings, and | 10 | | improvements,
acquired, owned, leased, managed or operated by | 11 | | a housing authority, and
all buildings and improvements | 12 | | constructed, reconstructed or repaired by
a housing authority, | 13 | | designed to provide housing accommodations and
facilities | 14 | | appurtenant thereto (including community facilities and
| 15 | | stores) which are planned as a unit, whether or not acquired or
| 16 | | constructed at one time even though all or a portion of the | 17 | | buildings
are not contiguous or adjacent to one another; and | 18 | | the planning of
buildings and improvements, the acquisition of | 19 | | property, the demolition
of existing structures, the clearing | 20 | | of land, the construction,
reconstruction, and repair of | 21 | | buildings or improvements and all other
work in connection | 22 | | therewith. As provided in Sections 8.14 to 8.18,
inclusive, | 23 | | "project" also means, for Housing Authorities for
| 24 | | municipalities of less than 500,000 population and for | 25 | | counties, the
conservation of urban areas in accordance with | 26 | | an approved conservation
plan. "Project" shall also include |
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| 1 | | (1) acquisition of (i) a slum or
blighted area or a | 2 | | deteriorated or deteriorating area which is
predominantly | 3 | | residential in character, or (ii) any other deteriorated
or | 4 | | deteriorating area which is to be developed or redeveloped for
| 5 | | predominantly residential uses, or (iii) platted urban or | 6 | | suburban land
which is predominantly open and which because of | 7 | | obsolete platting,
diversity of ownership, deterioration of | 8 | | structures or of site
improvements, or otherwise substantially | 9 | | impairs or arrests the sound
growth of the community and which | 10 | | is to be developed for predominantly
residential uses, or (iv) | 11 | | open unplatted urban or suburban land
necessary for sound | 12 | | community growth which is to be developed for
predominantly | 13 | | residential uses, or (v) any other area where parcels of
land | 14 | | remain undeveloped because of improper platting, delinquent | 15 | | taxes
or special assessments, scattered or uncertain | 16 | | ownerships, clouds on
title, artificial values due to | 17 | | excessive utility costs, or any other
impediments to the use | 18 | | of such area for predominantly residential uses;
(2) | 19 | | installation, construction, or reconstruction of streets, | 20 | | utilities,
and other site improvements essential to the | 21 | | preparation of sites for
uses in accordance with the | 22 | | development or redevelopment plan; and (3)
making the land | 23 | | available for development or redevelopment by private
| 24 | | enterprise or public agencies (including sale, initial | 25 | | leasing, or
retention by the local public agency itself). If | 26 | | in any city, village
or incorporated town there exists a land |
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| 1 | | clearance commission created
under the " Blighted Areas | 2 | | Redevelopment Act of 1947 (repealed) prior to the effective | 3 | | date of this amendatory Act of the 102nd General Assembly " | 4 | | having the same
area of operation as a housing authority | 5 | | created in and for any such
municipality such housing | 6 | | authority shall have no power to acquire land
of the character | 7 | | described in subparagraph (iii), (iv) or (v) of
paragraph 1 of | 8 | | the definition of "project" for the purpose of
development or | 9 | | redevelopment by private enterprise.
| 10 | | (h) "Community facilities" shall include lands, buildings, | 11 | | and
equipment for recreation or social assembly, for | 12 | | education, health or
welfare activities and other necessary | 13 | | utilities primarily for use and
benefit of the occupants of | 14 | | housing accommodations to be constructed,
reconstructed, | 15 | | repaired or operated hereunder.
| 16 | | (i) "Real property" shall include lands, lands under | 17 | | water,
structures, and any and all easements, franchises and | 18 | | incorporeal
hereditaments and estates, and rights, legal and | 19 | | equitable, including
terms for years and liens by way of | 20 | | judgment, mortgage or otherwise.
| 21 | | (j) The term "governing body" shall include the city | 22 | | council of any
city, the president and board of trustees of any | 23 | | village or incorporated
town, the council of any city or | 24 | | village, and the county board of any
county.
| 25 | | (k) The phrase "individual, association, corporation or
| 26 | | organization" shall include any individual, private |
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| 1 | | corporation, limited or general partnership, limited liability | 2 | | company,
insurance company, housing corporation, neighborhood | 3 | | redevelopment
corporation, non-profit corporation, | 4 | | incorporated or unincorporated
group or association, | 5 | | educational institution, hospital, or charitable
organization, | 6 | | and any mutual ownership or cooperative organization.
| 7 | | (l) "Conservation area", for the purpose of the exercise | 8 | | of the
powers granted in Sections 8.14 to 8.18, inclusive, for | 9 | | housing
authorities for municipalities of less than 500,000 | 10 | | population and for
counties, means an area of not less than 2 | 11 | | acres in which the structures
in 50% or more of the area are | 12 | | residential having an average age of 35
years or more. Such an | 13 | | area is not yet a slum or blighted area as
defined in the | 14 | | Blighted Areas Redevelopment Act of 1947, but such an
area by | 15 | | reason of dilapidation, obsolescence, deterioration or illegal
| 16 | | use of individual structures, overcrowding of structures and | 17 | | community
facilities, conversion of residential units into | 18 | | non-residential use,
deleterious land use or layout, decline | 19 | | of physical maintenance, lack of
community planning, or any | 20 | | combination of these factors may become a
slum and blighted | 21 | | area.
| 22 | | (m) "Conservation plan" means the comprehensive program | 23 | | for the
physical development and replanning of a "Conservation | 24 | | Area" as defined
in paragraph (l) embodying the steps required | 25 | | to prevent such
Conservation Area from becoming a slum and | 26 | | blighted area.
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| 1 | | (n) "Fair use value" means the fair cash market value of | 2 | | real
property when employed for the use contemplated by a | 3 | | "Conservation Plan"
in municipalities of less than 500,000 | 4 | | population and in counties.
| 5 | | (o) "Community facilities" means, in relation to a | 6 | | "Conservation
Plan", those physical plants which implement, | 7 | | support and facilitate the
activities, services and interests | 8 | | of education, recreation, shopping,
health, welfare, religion | 9 | | and general culture.
| 10 | | (p) "Loan agreement" means any agreement pursuant to which | 11 | | an Authority
agrees to loan the proceeds of its revenue bonds | 12 | | issued with respect to a
multifamily rental housing project or | 13 | | other funds of the Authority to any
person upon terms | 14 | | providing for
loan repayment installments at least sufficient | 15 | | to pay when due all principal
of, premium, if any, and interest | 16 | | on the revenue bonds of the Authority issued
with respect to | 17 | | the multifamily rental housing project, and providing for
| 18 | | maintenance, insurance, and
other matters as may be deemed | 19 | | desirable by the Authority.
| 20 | | (q) "Multifamily rental housing" means any rental project | 21 | | designed for
mixed-income or low-income occupancy.
| 22 | | (Source: P.A. 94-793, eff. 5-19-06; 95-887, eff. 8-22-08.)
| 23 | | Section 15. The Housing Development and Construction Act | 24 | | is amended by changing Sections 2, 3b, 4, and 10 and by adding | 25 | | Section 10a as follows:
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| 1 | | (310 ILCS 20/2) (from Ch. 67 1/2, par. 54)
| 2 | | Sec. 2. Any housing authority now or hereafter organized | 3 | | under the
"Housing Authorities Act," approved March 19, 1934, | 4 | | as amended, and any
Land Clearance Commission heretofore | 5 | | organized under the Act herein
repealed or organized prior to | 6 | | the effective date of this amendatory Act of the 102nd General | 7 | | Assembly hereafter organized under the provisions of the | 8 | | " Blighted
Areas Redevelopment Act of 1947 (repealed) , " | 9 | | enacted by the 65th General Assembly,
may make application to | 10 | | the Department of Commerce and Economic Opportunity for a
| 11 | | grant of state funds from the appropriation designated for the | 12 | | making of
grants under this Act. No such housing authority or | 13 | | Land Clearance
Commission shall apply for a sum larger than | 14 | | the proportion of the
population of its area of operation to | 15 | | the population of the State, and
where an authority and Land | 16 | | Clearance Commission have been created by
the governing body | 17 | | of the same municipality, an amount not in excess of
one-half | 18 | | (1/2) of the maximum grant allocable for such municipality on
| 19 | | the foregoing basis of proportion of population may be | 20 | | allocated to the
housing authority and an amount not in excess | 21 | | of one-half (1/2) of the
maximum grant so allocable for such | 22 | | municipality may be allocated to the
Land Clearance | 23 | | Commission.
| 24 | | The foregoing provisions of this Section in respect to | 25 | | maximum
allocable grants to housing authorities and land |
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| 1 | | clearance commissions
from funds appropriated by the 66th or | 2 | | any succeeding General Assembly,
and applications therefor, | 3 | | shall be subject to the provisions of Section
3a of this Act.
| 4 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 5 | | (310 ILCS 20/3b) (from Ch. 67 1/2, par. 55b)
| 6 | | Sec. 3b. In any municipality or county for which a Land | 7 | | Clearance
Commission has been established, and for which no | 8 | | Housing Authority has
been established, the Land Clearance | 9 | | Commission, if a recipient of state
grants under this Act, | 10 | | may, subject to the approval of the Department of
Commerce and | 11 | | Economic Opportunity, exercise
the powers vested in Housing
| 12 | | Authorities under the provisions of this Act and the "Housing
| 13 | | Authorities Act," approved March 19, 1934, as amended, and | 14 | | apply state
grant funds allocated under this Act to any such | 15 | | purpose. For the
purpose of any project so undertaken, the | 16 | | Land Clearance Commission
shall be subject to all laws and | 17 | | regulations applicable to Housing
Authorities. In If a Housing | 18 | | Authority is established for any such
municipality or county, | 19 | | the Land Clearance Commission shall thereafter
exercise only | 20 | | those powers designated in the "Blighted Areas
Redevelopment | 21 | | Act of 1947," approved July 2, 1947, as amended, and, in
| 22 | | respect to pending, uncompleted or existing projects | 23 | | undertaken as a
Housing Authority, the Land Clearance | 24 | | Commission, subject to the
approval of the Department of | 25 | | Commerce and Economic Opportunity, may either
complete or |
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| 1 | | continue such project, or transfer full and complete power
| 2 | | thereover to the Housing Authority.
| 3 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 4 | | (310 ILCS 20/4) (from Ch. 67 1/2, par. 56)
| 5 | | Sec. 4.
Grants paid to Land Clearance Commissions pursuant | 6 | | to this Act
shall be deposited in a separate fund and, except | 7 | | as otherwise authorized
by Section 3b, be applied only to the | 8 | | uses authorized by the "Blighted
Areas Redevelopment Act of | 9 | | 1947," approved July 2, 1947, as amended . If
any such Land | 10 | | Clearance Commission has received state or municipal grants
| 11 | | under the " Blighted Areas Redevelopment Act of 1947 (repealed) | 12 | | prior to the effective date of this amendatory Act of the 102nd | 13 | | General Assembly , " the sum paid under
this Act shall be | 14 | | deposited in the separate fund into which such other
grants | 15 | | were placed for use in connection with any redevelopment | 16 | | project or
projects undertaken by such commission. No grant to | 17 | | a Land Clearance
Commission hereunder shall be conditioned | 18 | | upon the matching thereof by the
municipality in which the | 19 | | redevelopment project is located.
| 20 | | (Source: Laws 1963, p. 1493.)
| 21 | | (310 ILCS 20/10) (from Ch. 67 1/2, par. 62)
| 22 | | Sec. 10. "An Act to promote the improvement of housing", | 23 | | approved
July 26, 1945, is repealed. The repeal of said Act | 24 | | shall not affect the
validity of the organization, acts, |
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| 1 | | contracts, proceedings, conveyances
and transactions of | 2 | | housing authorities and land clearance commissions
done or | 3 | | performed thereunder prior to the effective date of this Act,
| 4 | | and all such acts, contracts, proceedings, conveyances and | 5 | | transactions,
done or performed thereunder, and the | 6 | | organization of such authorities
and land clearance | 7 | | commissions are ratified, affirmed and declared valid
and | 8 | | legal in all respects. Grants paid to such housing authorities | 9 | | and
land clearance commissions under the act herein repealed | 10 | | may be used by
such authorities and commissions for the | 11 | | purposes for which such grants
were made, and all or any | 12 | | portion thereof which remains unexpended and
unobligated may, | 13 | | in addition, be used in the manner authorized by
Section 22 of | 14 | | the "Blighted Areas Redevelopment Act of 1947", enacted by
the | 15 | | 65th General Assembly, or, with the approval of the Department | 16 | | of
Commerce and Community Affairs (now Department of Commerce | 17 | | and Economic Opportunity) for any
purpose or purposes | 18 | | authorized
by this
Act.
| 19 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 20 | | (310 ILCS 20/10a new) | 21 | | Sec. 10a. Blighted Areas Redevelopment Act of 1947; | 22 | | repeal. The repeal of the Blighted Areas Redevelopment Act of | 23 | | 1947 does not affect the
validity of the organization, acts, | 24 | | contracts, proceedings, conveyances,
and transactions of | 25 | | housing authorities and land clearance commissions
done or |
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| 1 | | performed thereunder prior to the effective date of this | 2 | | amendatory Act of the 102nd General Assembly and all such | 3 | | acts, contracts, proceedings, conveyances, and transactions,
| 4 | | done or performed thereunder, and the organization of such | 5 | | authorities
and land clearance commissions are ratified, | 6 | | affirmed, and declared valid
and legal in all respects. Grants | 7 | | paid to such housing authorities and
land clearance | 8 | | commissions under the Act herein repealed may be used by
such | 9 | | authorities and commissions for the purposes for which such | 10 | | grants
were made, and all or any portion thereof which remains | 11 | | unexpended and
unobligated may, in addition, be used with the | 12 | | approval of the Department of Commerce and Economic | 13 | | Opportunity for any
purpose or purposes authorized
by this
| 14 | | Act. | 15 | | Section 20. The Redevelopment Project Rehousing and | 16 | | Capital Improvements Act is amended by changing Section 1 as | 17 | | follows:
| 18 | | (310 ILCS 30/1) (from Ch. 67 1/2, par. 92)
| 19 | | Sec. 1.
The State shall contribute to the rehousing of | 20 | | persons of low
income residing in the areas of redevelopment | 21 | | projects undertaken pursuant
to the "Blighted Areas | 22 | | Redevelopment Act of 1947", herein called
"redevelopment | 23 | | projects", in the manner provided by this Act.
| 24 | | (Source: Laws 1947, p. 1089.)
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| 1 | | Section 25. The Neighborhood Redevelopment Corporation Law | 2 | | is amended by changing Section 3-12 as follows:
| 3 | | (315 ILCS 20/3-12) (from Ch. 67 1/2, par. 253-12)
| 4 | | Sec. 3-12.
"Conservation Area" shall mean an area in which | 5 | | the structures
in fifty per cent or more of the area are | 6 | | residential having an average age
of thirty-five years or | 7 | | more. Such an area is not yet a Slum or Blighted
Area as | 8 | | defined in the Blighted Areas Redevelopment Act of 1947, but | 9 | | such
area by reason of dilapidation, obsolescence, or | 10 | | deterioration, or illegal
use of individual structures, | 11 | | overcrowding of structures and community
facilities, | 12 | | conversion of residential units into non-residential use,
| 13 | | deleterious land use or layout or any combination of these | 14 | | factors may
become such a Slum and Blighted Area.
| 15 | | (Source: Laws 1953, p. 1138.)
| 16 | | Section 30. The Urban Community Conservation Act is | 17 | | amended by changing Section 3 as follows:
| 18 | | (315 ILCS 25/3) (from Ch. 67 1/2, par. 91.10)
| 19 | | Sec. 3. Definitions.
| 20 | | The following terms, wherever used or referred to in this | 21 | | Act shall
have the following respective meanings, unless in | 22 | | any case a different
meaning clearly appears from the context.
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| 1 | | (a) "Municipality" shall mean a city, village or | 2 | | incorporated town.
| 3 | | (b) "Governing body" shall mean the council or the | 4 | | President and board
of Trustees of any city, village or | 5 | | incorporated town, as the case may be.
| 6 | | (c) "Presiding officer" shall mean the Mayor or President | 7 | | of a city,
village or incorporated town.
| 8 | | (d) "Conservation Area" in municipalities with a | 9 | | population of over
500,000 shall mean an area of not less than | 10 | | 40 acres, and in other
municipalities shall mean an area of not | 11 | | less than 2 acres in which the
structures in 50% or more of the | 12 | | area are residential having an average age
of 35 years or more. | 13 | | Such an area is not yet a slum or blighted area as
defined in | 14 | | the Blighted Areas Redevelopment Act of 1947, but such an area
| 15 | | by reason of dilapidation, obsolescence, deterioration or | 16 | | illegal use of
individual structures, overcrowding of | 17 | | structures and community facilities,
conversion of residential | 18 | | units into non-residential use, deleterious land
use or | 19 | | layout, decline of physical maintenance, lack of community | 20 | | planning,
or any combination of these factors may become such | 21 | | a slum and blighted
area.
| 22 | | (e) "Conservation Plan" shall mean the comprehensive | 23 | | program for the
physical development and replanning of a | 24 | | "Conservation Area" embodying the
steps required to prevent | 25 | | such "Conservation Area" from becoming a slum and
blighted | 26 | | area.
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| 1 | | (f) "Real Property" shall include lands, lands underwater, | 2 | | structures
and any and all easements, franchises and | 3 | | incorporeal hereditaments and
estates, and rights, legal and | 4 | | equitable, including terms for years and
liens by way of | 5 | | judgment, mortgage or otherwise.
| 6 | | (g) "Fair Use Value" shall mean the fair cash market value | 7 | | of real
property when employed for the use contemplated by the | 8 | | community
conservation plan.
| 9 | | (h) "Community facilities" shall mean those physical | 10 | | plants which
implement, support and facilitate the activities, | 11 | | services and interests of
education, recreation, shopping, | 12 | | health, welfare, religion and general
culture.
| 13 | | (Source: Laws 1959, p. 2200 .)
| 14 | | Section 35. The Urban Renewal Consolidation Act of 1961 is | 15 | | amended by changing Sections 2, 3, 12, 19, 30, and 33 as | 16 | | follows:
| 17 | | (315 ILCS 30/2) (from Ch. 67 1/2, par. 91.102)
| 18 | | Sec. 2.
It is hereby found and declared (a) that there | 19 | | exist in urban
communities within this State with more than | 20 | | 500,000 inhabitants land
clearance commissions, created prior | 21 | | to the effective date of this amendatory Act of the 102nd | 22 | | General Assembly and acting pursuant to the " Blighted Areas
| 23 | | Redevelopment Act of 1947 (repealed) ," approved July 2, 1947, | 24 | | as amended, and
conservation boards, created and acting |
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| 1 | | pursuant to the "Urban Community
Conservation Act," approved | 2 | | July 13, 1953, as amended; (b) that the
administration of | 3 | | these two closely related programs involving the
eradication | 4 | | or prevention of slum and blight areas and the redevelopment | 5 | | of
such areas can be accomplished more efficiently by a single | 6 | | instrumentality
as an agency of such urban community; (c) that | 7 | | in order to protect the
health, safety, morals and welfare of | 8 | | the public by the more efficient
administration of programs to | 9 | | aid in the eradication and prevention of slum
and blight areas | 10 | | and the redevelopment thereof it is necessary to provide
for | 11 | | the creation of a single instrumentality to absorb the | 12 | | functions of
land clearance commissions and conservation | 13 | | boards, and to exercise the
powers and authority granted by | 14 | | the " Blighted Areas Redevelopment Act of
1947 (repealed) ," | 15 | | approved July 2, 1947, as amended, and the "Urban Community
| 16 | | Conservation Act," approved July 13, 1953, as amended; and (d) | 17 | | the
eradication and redevelopment of slum and blighted areas, | 18 | | the development
and redevelopment of blighted vacant areas, | 19 | | the conservation of urban
residential areas and the prevention | 20 | | of slums, by a single instrumentality
the creation of which is | 21 | | herein authorized, in the manner provided in this
Act, is | 22 | | hereby declared to be a public use essential to the public
| 23 | | interest.
| 24 | | (Source: Laws 1961, p. 3308.)
| 25 | | (315 ILCS 30/3) (from Ch. 67 1/2, par. 91.103)
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| 1 | | Sec. 3.
The following terms, wherever used or referred to | 2 | | in this Act shall
have the following respective meanings, | 3 | | unless in any case a different
meaning clearly appears from | 4 | | the context:
| 5 | | (a) "Department" means a Department of Urban Renewal | 6 | | created pursuant to
this Act.
| 7 | | (b) "Government" shall mean the United States of America | 8 | | or any agency
or instrumentality thereof authorized to make | 9 | | funds available to local
public agencies by way of loans or | 10 | | grants for or in aid of any of the
purposes of this Act.
| 11 | | (c) "Municipality" shall mean a city, village or | 12 | | incorporated town.
| 13 | | (d) "Presiding officer" shall mean the mayor or president | 14 | | of a city,
village or incorporated town, as the case may be, | 15 | | for which a Department of
Urban Renewal is created.
| 16 | | (e) "Governing body" shall mean the council or the | 17 | | president and board
of trustees of any city, village or | 18 | | incorporated town, as the case may be.
| 19 | | (f) "State Housing Board" shall mean the State Housing | 20 | | Board created
pursuant to "An Act in relation to Housing," | 21 | | approved July 12, 1933, as
amended.
| 22 | | (g) "Area of operation" shall mean the area within the | 23 | | territorial
boundaries of such municipality.
| 24 | | (h) "Real Property" shall include lands, lands under | 25 | | water, structures,
and any and all easements, franchises and | 26 | | incorporeal hereditaments and
estates, and rights, legal and |
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| 1 | | equitable, including terms for years and
liens by way of | 2 | | judgment, mortgage or otherwise.
| 3 | | (i) "Slum and Blighted Area" means any area of not less in | 4 | | the aggregate
than two (2) acres located within the | 5 | | territorial limits of a municipality
where buildings or | 6 | | improvements, by reason of dilapidation, obsolescence,
| 7 | | overcrowding, faulty arrangement or design, lack of | 8 | | ventilation, light and
sanitary facilities, excessive land | 9 | | coverage, deleterious land use or
layout or any combination of | 10 | | these factors, are detrimental to the public
safety, health, | 11 | | morals or welfare.
| 12 | | (j) "Slum and Blighted Area Redevelopment Project" means a | 13 | | project
involving a slum and blighted area as defined in | 14 | | subsection (i) of this
section.
| 15 | | (k) "Blighted Vacant Area Redevelopment Project" means a | 16 | | project
involving (1) predominantly open platted urban land | 17 | | which because of
obsolete platting, diversity of ownership, | 18 | | deterioration of structures or
of site improvements, or taxes | 19 | | or special assessment delinquencies
exceeding the fair value | 20 | | of the land, substantially impairs or arrests the
sound growth | 21 | | of the community and which is to be developed for residential
| 22 | | or other use, provided that such a project shall not be | 23 | | developed for other
than residential use unless the area, at | 24 | | the time the Department adopts the
resolution approving the | 25 | | plan for the development of the area, is zoned for
other than | 26 | | residential use and unless the Department determines that
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| 1 | | residential development thereof is not feasible, and such | 2 | | determination is
approved by the presiding officer and the | 3 | | governing body of the
municipality in which the area is | 4 | | situated, or (2) open unplatted urban
land to be developed for | 5 | | predominantly residential uses, or (3) a
combination or | 6 | | projects defined in (1) and (2) of this sub-section (k).
| 7 | | (l) "Redevelopment Project" shall mean a "Slum and | 8 | | Blighted Area
Redevelopment Project" or a "Blighted Vacant | 9 | | Area Redevelopment Project,"
as the case may be, as designated | 10 | | in the determination of the Department
pursuant to Section 11 | 11 | | of this Act, or as heretofore designated in the
determination | 12 | | of a land clearance commission which is to be dissolved
| 13 | | pursuant to this Act, and may include such additional area of | 14 | | not more in
the aggregate than one hundred sixty (160) acres | 15 | | (exclusive of the site of
any abutting Slum and Blighted Area | 16 | | Redevelopment Project or Blighted
Vacant Area Redevelopment | 17 | | Project) located within the territorial limits of
the | 18 | | municipality, abutting and adjoining in whole or in part a | 19 | | Slum and
Blighted Area Redevelopment Project or Blighted | 20 | | Vacant Area Redevelopment
Project, which the Department deems | 21 | | necessary for the protection and
completion of such | 22 | | redevelopment project or projects and of the site
improvements | 23 | | to be made therein and which has been approved by the
governing | 24 | | body of the municipality in which the area is situated, but the
| 25 | | Department as to such additional area shall have power only to | 26 | | make
studies, surveys and plans concerning services to be |
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| 1 | | performed by the
municipality or others, including the | 2 | | extension of project streets and
utilities, the provision of | 3 | | parks, playgrounds or schools, and the zoning
of such | 4 | | peripheral areas.
| 5 | | (m) "Conservation Area" shall mean an area of not less | 6 | | than 40 acres in
which the structures in 50% or more of the | 7 | | area are residential, having an
average age of 35 years or | 8 | | more. Such an area is not yet a slum or blighted
area as | 9 | | defined herein, but such an area, by reason of dilapidation,
| 10 | | obsolescence, deterioration or illegal use of individual | 11 | | structures,
overcrowding of structures and community | 12 | | facilities, conversion of
residential units into | 13 | | non-residential use, deleterious land use or layout,
decline | 14 | | of physical maintenance, lack of community planning, or any
| 15 | | combination of these factors, may become such a slum and | 16 | | blighted area.
| 17 | | (n) "Conservation Plan" shall mean the comprehensive | 18 | | program for the
physical development and replanning of a | 19 | | "Conservation Area" embodying the
steps required to prevent | 20 | | such "Conservation Area" from becoming a slum and
blighted | 21 | | area.
| 22 | | (o) "Fair Use Value" shall mean the fair cash market value | 23 | | of real
property when employed for the use contemplated by the | 24 | | Community
Conservation Plan.
| 25 | | (p) "Community facilities" shall mean those physical | 26 | | plants which
implement, support and facilitate the activities, |
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| 1 | | services and interests of
education, recreation, shopping, | 2 | | health, welfare, religion and general
culture.
| 3 | | (q) "Land Clearance Commission" shall mean a land | 4 | | clearance commission
created prior to the effective date of | 5 | | this amendatory Act of the 102nd General Assembly pursuant to | 6 | | the " Blighted Areas Redevelopment Act of 1947 (repealed) ,"
| 7 | | approved July 2, 1947, as amended .
| 8 | | (r) "Conservation Board" shall mean a conservation board | 9 | | created
pursuant to the "Urban Community Conservation Act," | 10 | | approved July 13, 1953,
as amended.
| 11 | | (Source: Laws 1961, p. 3308.)
| 12 | | (315 ILCS 30/12) (from Ch. 67 1/2, par. 91.112)
| 13 | | Sec. 12. Upon approval of the determination as provided in | 14 | | the
preceding Section, the Department, as agent for the | 15 | | municipality, may
proceed to acquire by gift, purchase or | 16 | | condemnation the fee simple
title to all real property lying | 17 | | within the area included in the
redevelopment project, | 18 | | including easements and reversionary interests in
the streets, | 19 | | alleys and other public places lying within such area. If
any | 20 | | such real property is subject to an easement the Department, | 21 | | in its
discretion, may acquire the fee simple title to such | 22 | | real property
subject to such easement if it determines that | 23 | | such easement will not
interfere with the consummation of a | 24 | | redevelopment plan. If any such
real property is already | 25 | | devoted to a public use it may nevertheless be
acquired, |
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| 1 | | provided that no property belonging to the United States of
| 2 | | America, the State of Illinois or any municipality may be | 3 | | acquired
without the consent of such governmental unit and | 4 | | that no property
devoted to a public use belonging to a | 5 | | corporation subject to the
jurisdiction of the Illinois | 6 | | Commerce Commission may be acquired without
the approval of | 7 | | the Illinois Commerce Commission. Each Department, as
agent | 8 | | for the municipality, is hereby vested with the power to | 9 | | exercise
the right of eminent domain. Condemnation proceedings | 10 | | instituted
hereunder shall be brought by and in the name of the | 11 | | municipality and
shall be in all respects in the manner | 12 | | provided for the exercise of
the right of eminent domain under | 13 | | the Eminent Domain Act.
| 14 | | Any determination to acquire a particular slum or blighted | 15 | | area, or
any other area which may constitute a redevelopment | 16 | | project, as herein
defined, heretofore made by a land | 17 | | clearance commission prior to the effective date of this | 18 | | amendatory Act of the 102nd General Assembly pursuant to the
| 19 | | " Blighted Areas Redevelopment Act of 1947 (repealed) ," | 20 | | approved July 2, 1947, as
amended, and heretofore approved by | 21 | | the State Housing Board and the
governing body of the | 22 | | municipality, shall be sufficient to authorize
acquisition by | 23 | | the Department, as agent for the municipality, of all or
any of | 24 | | the real property included in such area.
| 25 | | (Source: P.A. 94-1055, eff. 1-1-07.)
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| 1 | | (315 ILCS 30/19) (from Ch. 67 1/2, par. 91.119)
| 2 | | Sec. 19.
Prior to making a sale or conveyance of any part | 3 | | of the real
property within the area of a redevelopment | 4 | | project pursuant to any of the
foregoing Sections of this Act, | 5 | | the Department shall prepare and approve a
plan for the | 6 | | development or redevelopment of the project area and shall
| 7 | | submit the same to the governing body of the municipality in | 8 | | which the real
property is situated for their approval. The | 9 | | Department shall not make a
sale or conveyance of any part of | 10 | | the real property in the project area
until such time as the | 11 | | plan has been approved by the governing body of the
| 12 | | municipality in which the real property is situated; provided, | 13 | | however,
that any plan for the development or redevelopment of | 14 | | a project area
heretofore prepared and approved by a land | 15 | | clearance commission prior to the effective date of this | 16 | | amendatory Act of the 102nd General Assembly pursuant to
the | 17 | | Blighted Areas Redevelopment Act of 1947 (repealed) , and | 18 | | heretofore approved by the State Housing Board and the
| 19 | | governing body of the municipality shall be sufficient to | 20 | | authorize a sale
pursuant to this Section. At the time of | 21 | | making any such sale or conveyance,
the purchaser shall agree | 22 | | to reimburse any public utility as defined in the Public | 23 | | Utilities Act for
the costs of relocation of the facilities of | 24 | | such public utility made
necessary by the plan for the | 25 | | development or redevelopment of the project
area, except and | 26 | | excluding, however, any such costs to the extent incurred
for |
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| 1 | | the relocation of such facilities located, prior to the | 2 | | development or
redevelopment, in a public way or public | 3 | | property which retains its
character as such thereafter.
| 4 | | (Source: P.A. 100-863, eff. 8-14-18.)
| 5 | | (315 ILCS 30/30) (from Ch. 67 1/2, par. 91.130)
| 6 | | Sec. 30.
The provisions of any other statute to the | 7 | | contrary
notwithstanding, funds of a land clearance commission | 8 | | dissolved or in the
process of dissolution pursuant to this | 9 | | Act which have been derived from
grants made by the State of | 10 | | Illinois shall be transferred and paid over to
the | 11 | | municipality for use by a Department of Urban Renewal for any | 12 | | of the
purposes of Part I of this Act.
| 13 | | Any municipality which has issued and sold bonds prior to | 14 | | the effective date of this amendatory Act of the 102nd General | 15 | | Assembly pursuant to Section 24
of the " Blighted Areas | 16 | | Redevelopment Act of 1947 (repealed) ," approved July 2, 1947,
| 17 | | as amended, for the purpose of raising funds to be paid to a | 18 | | land
clearance commission may apply, use and pay the proceeds | 19 | | of such bonds for
and in aid of its Department of Urban Renewal | 20 | | and may use such funds for
any of the purposes of Part I of | 21 | | this Act.
| 22 | | (Source: Laws 1961, p. 3308.)
| 23 | | (315 ILCS 30/33) (from Ch. 67 1/2, par. 91.133)
| 24 | | Sec. 33.
Nothing contained in this Act shall affect or |
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| 1 | | impair the validity
of any act or proceeding done or performed | 2 | | by a land clearance commission
prior to the effective date of | 3 | | this amendatory Act of the 102nd General Assembly under the | 4 | | Blighted Areas Redevelopment Act of 1947 (repealed) , as | 5 | | amended, or by a
Community Conservation Board under the Urban | 6 | | Community Conservation Act, as
amended.
| 7 | | (Source: Laws 1961, p. 3308.)
| 8 | | Section 40. The Eminent Domain Act is amended by changing | 9 | | Section 15-5-25 as follows: | 10 | | (735 ILCS 30/15-5-25)
| 11 | | Sec. 15-5-25. Eminent domain powers in ILCS Chapters 205 | 12 | | through 430. The following provisions of law may include | 13 | | express grants of the power to acquire property by | 14 | | condemnation or eminent domain: | 15 | | (220 ILCS 5/8-509); Public Utilities Act; public utilities; | 16 | | for construction of certain improvements.
| 17 | | (220 ILCS 15/1); Gas Storage Act; corporations engaged in the | 18 | | distribution, transportation, or storage of natural gas or | 19 | | manufactured gas; for their operations.
| 20 | | (220 ILCS 15/2 and 15/6); Gas Storage Act; corporations | 21 | | engaged in the distribution, transportation, or storage of | 22 | | natural gas or manufactured gas; for use of an underground | 23 | | geological formation for gas storage.
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| 1 | | (220 ILCS 30/13); Electric Supplier Act; electric | 2 | | cooperatives; for general purposes.
| 3 | | (220 ILCS 55/3); Telegraph Act; telegraph companies; for | 4 | | telegraph lines.
| 5 | | (220 ILCS 65/4); Telephone Company Act; telecommunications | 6 | | carriers; for telephone company purposes.
| 7 | | (225 ILCS 435/23); Ferries Act; ferry operators; for a | 8 | | landing, ferryhouse, or approach.
| 9 | | (225 ILCS 440/9); Highway Advertising Control Act of 1971; | 10 | | Department of Transportation; for removal of signs | 11 | | adjacent to highways.
| 12 | | (310 ILCS 5/6 and 5/38); State Housing Act; housing | 13 | | corporations; for general purposes.
| 14 | | (310 ILCS 10/8.3); Housing Authorities Act; housing | 15 | | authorities; for general purposes.
| 16 | | (310 ILCS 10/8.15); Housing Authorities Act; housing | 17 | | authorities; for implementation of conservation plans and | 18 | | demolition.
| 19 | | (310 ILCS 10/9); Housing Authorities Act; housing authorities; | 20 | | for general purposes.
| 21 | | (310 ILCS 20/5); Housing Development and Construction Act; | 22 | | housing authorities; for development or redevelopment.
| 23 | | (310 ILCS 35/2); House Relocation Act; political subdivisions | 24 | | and municipal corporations; for relocation of dwellings | 25 | | for highway construction.
| 26 | | (315 ILCS 5/14); Blighted Areas Redevelopment Act of 1947; |
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| 1 | | land clearance commissions; for redevelopment projects.
| 2 | | (315 ILCS 10/5); Blighted Vacant Areas Development Act of | 3 | | 1949; State of Illinois; for housing development.
| 4 | | (315 ILCS 20/9 and 20/42); Neighborhood Redevelopment | 5 | | Corporation Law; neighborhood redevelopment corporations; | 6 | | for general purposes. | 7 | | (315 ILCS 25/4 and 25/6); Urban Community Conservation Act; | 8 | | municipal conservation boards; for conservation areas.
| 9 | | (315 ILCS 30/12); Urban Renewal Consolidation Act of 1961; | 10 | | municipal departments of urban renewal; for blighted area | 11 | | redevelopment projects.
| 12 | | (315 ILCS 30/20 and 30/22); Urban Renewal Consolidation Act of | 13 | | 1961; municipal departments of urban renewal; for | 14 | | implementing conservation areas.
| 15 | | (315 ILCS 30/24); Urban Renewal Consolidation Act of 1961; | 16 | | municipal departments of urban renewal; for general | 17 | | purposes.
| 18 | | (415 ILCS 95/6); Junkyard Act; Department of Transportation; | 19 | | for junkyards or scrap processing facilities.
| 20 | | (420 ILCS 35/1); Radioactive Waste Storage Act; Illinois | 21 | | Emergency Management Agency; for radioactive by-product | 22 | | and waste storage.
| 23 | | (Source: P.A. 94-1055, eff. 1-1-07.)
| 24 | | (315 ILCS 5/Act rep.)
| 25 | | Section 45. The Blighted Areas Redevelopment Act of 1947 |
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| 1 | | is repealed.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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