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90_SB0139
65 ILCS 5/11-76-2 from Ch. 24, par. 11-76-2
65 ILCS 5/11-76-4.1 from Ch. 24, par. 11-76-4.1
Amends the Illinois Municipal Code to require a city or
village when selling its real estate to give notice of the
sale by certified mail to the owners of land abutting that
real estate. Provides that if an owner of abutting land does
not submit a bid within 60 days after receiving the notice,
then that owner waives any interest in the real estate
proposed to be sold. Effective immediately.
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1 AN ACT to amend the Illinois Municipal Code by changing
2 Sections 11-76-2 and 11-76-4.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Sections 11-76-2 and 11-76-4.1 as follows:
7 (65 ILCS 5/11-76-2) (from Ch. 24, par. 11-76-2)
8 Sec. 11-76-2. Ordinance for sale or lease of real estate.
9 An ordinance directing a sale, or a lease of real estate for
10 any term in excess of 20 years, shall specify the location of
11 the real estate, the use thereof, and such conditions with
12 respect to further use of the real estate as the corporate
13 authorities may deem necessary and desirable to the public
14 interest. Before the corporate authorities of a city or
15 village make a sale, by virtue of such an ordinance, notice
16 of the proposal to sell shall be published once each week for
17 3 successive weeks in a daily or weekly paper published in
18 the city or village, or if there is none, then in some paper
19 published in the county in which the city or village is
20 located. The first publication shall be not less than 30 days
21 before the day provided in the notice for the opening of bids
22 for the real estate. The notice shall contain an accurate
23 description of the property, state the purpose for which it
24 is used and at what meeting the bids will be considered and
25 opened, and shall advertise for bids therefor. At least 60
26 days before making a sale, the corporate authorities of a
27 city or village shall also send the notice of the proposal to
28 sell the real estate by certified mail, return receipt
29 requested, to the owners of land abutting that real estate.
30 The corporate authorities shall retrieve the names of these
31 owners by determining who last paid property taxes on the
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1 abutting land from the county's assessment list published
2 under Section 12-10 or 12-20 of the Property Tax Code. If an
3 owner of abutting land does not submit a bid within 60 days
4 after receiving the notice of the proposal to sell the real
5 estate, then the owner waives any interest in that real
6 estate.
7 All such bids shall be opened only at a regular meeting
8 of the corporate authorities. The corporate authorities may
9 accept the high bid or any other bid determined to be in the
10 best interest of the city or village by a vote of 3/4 of the
11 corporate authorities then holding office, but by a majority
12 vote of those holding office, they may reject any and all
13 bids. The consideration for such a sale may include but need
14 not be limited to the provision of off-street parking
15 facilities by the purchaser, which parking facilities may be
16 made part of the municipal parking system. Such consideration
17 also may include the provision of other public facilities by
18 the purchaser.
19 Before the corporate authorities of the city or village
20 make a lease of real estate for a term in excess of 20 years,
21 they shall give notice of intent to adopt such an ordinance.
22 The notice must be published at least once in a daily or
23 weekly newspaper published in the city or village, and if
24 there is none, then in some paper published in the county in
25 which the city or village is located. The publication must be
26 not less than 15 nor more than 30 days before the date on
27 which it is proposed to adopt such an ordinance. The notice
28 must contain an accurate description of the property, state
29 the purpose for which it is used and the restrictions upon
30 the proposed use of the property to be leased. The corporate
31 authorities may negotiate the consideration and terms of such
32 lease. Such consideration may include the provision of
33 off-street parking facilities by the lessee, which parking
34 facilities may be made part of the municipal parking system.
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1 Such consideration also may include the provision of other
2 public facilities by the lessee on the real estate acquired.
3 The corporate authorities may contract with the lessee for
4 the use of a portion of a structure or improvement to be
5 constructed on the real estate leased.
6 If such real estate is utilized in part for private use
7 and in part for public use, those portions of the
8 improvements devoted to private use are fully taxable. The
9 land shall be exempt from taxation to the extent that the
10 uses thereon are public and taxable to the extent that the
11 uses are private. The taxable portion of the land is that
12 percentage of the land's total assessed valuation that the
13 private development thereon bears to the total development
14 thereon. Nothing in this Section prevents the corporate
15 authorities from determining to sell or lease such property
16 to the highest responsible bidder. The corporate authorities
17 may provide by ordinance for the procedure to be followed in
18 securing bids for the sale or lease of the subject property.
19 The disposition of real estate acquired pursuant to (a)
20 Section 6 of the "Urban Community Conservation Act", approved
21 July 13, 1953, as now or hereafter amended, (b) Sections 12,
22 22, and 31 of the "Urban Renewal Consolidation Act of 1961",
23 approved August 15, 1961, as now or hereafter amended, or (c)
24 Division 11 of this Article by a municipality as the Local
25 Public Agency under an urban renewal program as defined
26 therein, is exempt from the requirements of this Section.
27 Additionally, leases to persons or corporations of
28 municipally-owned or operated airport lands, buildings,
29 structures, or other facilities for the shelter, servicing,
30 manufacturing, and repair of aircraft, aircraft parts, or
31 accessories, or for receiving and discharging passengers and,
32 or cargo, are exempt from the requirements of this Section.
33 (Source: Laws 1968, p. 519.)
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1 (65 ILCS 5/11-76-4.1) (from Ch. 24, par. 11-76-4.1)
2 Sec. 11-76-4.1. Sale of surplus real estate. The
3 corporate authorities of a municipality by resolution may
4 authorize the sale or public auction of surplus public real
5 estate. The value of the real estate shall be determined by a
6 written MAI certified appraisal or by a written certified
7 appraisal of a State certified or licensed real estate
8 appraiser. The appraisal shall be available for public
9 inspection. The resolution may direct the sale to be
10 conducted by the staff of the municipality; by listing with
11 local licensed real estate agencies, in which case the terms
12 of the agent's compensation shall be included in the
13 resolution; or by public auction. The resolution shall be
14 published at the first opportunity following its passage in a
15 newspaper published in the municipality or, if none, then in
16 a newspaper published in the county where the municipality
17 is located. The resolution shall also contain pertinent
18 information concerning the size, use, and zoning of the real
19 estate and the terms of sale. At least 60 days before making
20 a sale, the corporate authorities of a city or village shall
21 send notice of the resolution authorizing the sale of the
22 real estate by certified mail, return receipt requested, to
23 the owners of land abutting that real estate. The corporate
24 authorities shall retrieve the names of these owners by
25 determining who last paid property taxes on the abutting land
26 from the county's assessment list published under Section
27 12-10 or 12-20 of the Property Tax Code. If an owner of
28 abutting land does not submit a bid within 60 days after
29 receiving the notice of the authorization to sell the real
30 estate, then the owner waives any interest in that real
31 estate. The corporate authorities may accept any contract
32 proposal determined by them to be in the best interest of the
33 municipality by a vote of two-thirds of the corporate
34 authorities then holding office, but in no event at a price
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1 less than 80% of the appraised value.
2 (Source: P.A. 88-355; 89-78, eff. 6-30-95.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.