(60 ILCS 1/115-30)
Property within municipality; petition; referendum.
(a) If the open space plan recommended for adoption under Section 115-20
contains property that is situated within the corporate boundaries of a
municipality, the corporate authorities of the municipality may, within 30 days
of the recommendation, vote to authorize the board of a township in a county
having a population of more than 250,000 to acquire by condemnation
property that is situated within the municipality's corporate boundaries. If
the corporate authorities of the municipality fail to act within that 30 day
period, then none of the property included in the open space plan that is
situated within the municipality shall be acquired by the board by
condemnation. The municipality's failure to act constitutes a denial
of authority to acquire that property by condemnation.
(b) If, within 30 days of the decision of the municipality to either
authorize or deny the board the authority to acquire by condemnation that
property included in the open space plan that is situated within the corporate
boundaries of the municipality, a petition is filed with the township clerk,
signed by not less than 15% of the registered voters of the municipality
residing within the township (according to the voting registration records at
the time the petition is filed), requesting that the question of whether the
board shall be granted authority to acquire property within its corporate
boundaries by condemnation be submitted to the voters of the municipality
residing within the township, then the question shall be submitted to those
voters in the form of a proposition. The petition shall state the public
question to be submitted and contain a common description of the territory in
plain and nonlegal language. The description shall describe the territory by
reference to streets, natural or artificial landmarks, addresses, or any other
method that would enable a voter signing the petition to be informed of the
territory proposed to be acquired.
(c) The township clerk shall certify the proposition to
the proper election officials, who shall submit the proposition to the
voters of the municipality who reside within the township. The referendum
shall appear on the ballot at the same election as the referendum required in
Section 115-20. Except as otherwise provided in this Section, the referendum
shall be conducted and notice given in accordance with the general election
law. The question submitted to the voters at the election shall be in
substantially the following form:
Shall the Township Board of (name of township in a
The votes shall be recorded as "Yes" or "No".
(d) The election authority shall include on the ballot the description of
the territory proposed to be acquired as set forth in the petition. If the
election authority determines that the description cannot be included within
the space limitations of the ballot, the election authority shall prepare large
printed copies of a notice of the public question that include the description.
The notice shall be prominently displayed in the polling place of each
precinct in which the question is to be submitted.
(e) If a majority of the voters voting at the election on the question vote
in favor of the question, then the board may acquire by condemnation open land
that is situated within the corporate boundaries of the municipality and
included in the open space plan recommended for adoption under Section 115-20.
(f) If the corporate authorities of a municipality deny the board the
authority to acquire by condemnation property that is situated within the
municipality's boundaries and the referendum does not appear on the ballot
at the election specified in this Section, or if the proposition fails
to receive the vote of a majority of the voters voting on the question, then
the board may not acquire the property by condemnation.
(Source: P.A. 91-641, eff. 8-20-99.)