(60 ILCS 1/30-50)
Purchase and use of property.
(a) The electors may make all orders for the
purchase, sale, conveyance,
regulation, or use of the township's corporate property (including
sale or lease of single township road district property) that may be deemed conducive
the interests of its inhabitants, including the lease, for up to 10 years, or for up to 25 years if the lease is for a wireless telecommunications tower, at
fair market value, of corporate property for which no use or need during the
lease period is anticipated at the time of leasing. The electors may delegate the power to purchase, sell, or lease property to the township board for a period of up to 12 months and the township board may specify properties being considered. The property may be leased
to another governmental body, however,
or to a not-for-profit corporation that has contracted to construct or fund
the construction of a structure or improvement upon the real estate owned by
the township and that has contracted with the township to allow the township to
use at least a portion of the structure or improvement to be constructed upon
the real estate leased and not otherwise used by the township,
for any term not exceeding 50 years and
for any consideration.
In the case of a not-for-profit corporation, the township shall hold a public
hearing on the proposed lease. The township clerk shall give
notice of the hearing
by publication in a newspaper published in the township,
or in a newspaper published in the county and having general
circulation in the township if no newspaper is published in the township, and
by posting notices in at least 5 public places
at least 15 days before the public hearing.
(b) If a new tax is to be levied or an existing tax rate is to be increased
above the statutory limits for the purchase of the property, however, no action
otherwise authorized in subsection (a) shall be taken unless a petition signed
by at least 10% of the registered voters residing in the township is presented
to the township clerk. If a petition is presented to the township clerk, the
clerk shall order a referendum on the proposition. The referendum shall be
held at the next annual or special township meeting or at an election in
accordance with the general election law. If the referendum is ordered to be
held at the township meeting, the township clerk shall give notice that at the
next annual or special township meeting the proposition shall be voted upon.
The notice shall set forth the proposition and shall be given by publication in
a newspaper published in the township. If there is no newspaper published
in the township, the notice shall be published in a newspaper published in the
county and having general circulation in the township. Notice also shall be
given by posting notices in at least 5 public places at least 15 days before
the township meeting. If the referendum is ordered to be held at an election,
the township clerk shall certify that proposition to the proper election
officials, who shall submit the proposition at an election. The proposition
shall be submitted in accordance with the general election law.
(c) If the leased property is utilized in part for private use and in part
for public use, those portions of the improvements devoted to private use are
fully taxable. The land is exempt from taxation to the extent that the uses on
the land are public and taxable to the extent that the uses are private.
(d) Before the township makes a lease or sale of township or road
real property, the electors shall either delegate the power to the township board to purchase, sell, or lease properties for a period of up to 12 months as provided in subsection (a) or adopt a resolution
the intent to lease or sell the real property, describing the
property in full, and stating the terms and conditions the electors deem
necessary and desirable for the lease or sale. A resolution stating the
intent to sell real property shall also contain pertinent information
concerning the size, use, and zoning of the property.
The value of real property shall be determined
by a State licensed real estate appraiser.
The appraisal shall be available for
public inspection. The resolution may direct the sale to be conducted by the
staff of the township or by listing with local licensed real
(in which case the terms of the agent's compensation shall be included in the
Anytime during the year, the township or township road district may lease or sell personal property by a vote of the township board or request of the township highway commissioner.
The clerk shall thereafter publish the resolution or personal property
sale notice once in a newspaper published in the township or, if no newspaper
is published in the township, in a newspaper generally circulated in the
township. If no newspaper is generally circulated in the township, the clerk
shall post the resolution or personal property sale notice in 5 of the
most public places in the township. In addition to the foregoing publication
requirements, the clerk shall post the resolution or personal property
sale notice at the office of the township (if township property is involved)
or at the office of the road district (if road district property is
involved). The following information shall be published or posted with the
personal property sale notice: (i) the date by which all bids must be
received by the township or road district, which shall not be less than 30
after the date of publication or posting, and (ii) the place, time, and date at
which bids shall be opened, which shall be at a regular meeting of the township
All bids shall be opened by the clerk (or someone duly appointed to act
for the clerk) at the regular meeting of the township board described in the
notice. With respect to township personal property, the township board may accept
the high bid or any
other bid determined to be in the best interests of the township by a majority
vote of the board. With respect to township real property, the township
board may accept the high bid or any other bid determined to be in the
best interests of the township by a vote of three-fourths of the township
board then holding office, but in no event at a price less than 80% of the
appraised value. With respect to road district property, the highway
commissioner may accept
the high bid or any other bid determined to be in the best interests of the
road district. In each case, the township board or commissioner
any and all bids. This notice and competitive bidding procedure shall not be followed
when property is leased to another governmental body.
The notice and
competitive bidding procedure shall not be followed when real or personal property is declared
surplus by the township board or the highway commissioner and sold to another governmental body.
The township board or the highway commissioner may authorize the sale of personal property by public auction conducted by an auctioneer licensed under the Auction License Act or through an approved Internet auction service.
(e) A trade-in of machinery or equipment on new or different machinery or
equipment does not constitute the sale of township or road district property.
(Source: P.A. 99-78, eff. 7-20-15; 100-839, eff. 1-1-19