(60 ILCS 1/115-97)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 115-97. Disposition of open space.

(a) A township board may not sell, convey, donate, or otherwise dispose of any part of open space without referendum approval by the majority of the voters of the township voting on the question at a regular election. The board may certify the question of disposition of property to the appropriate election authority only if the board approves the question by at least a two-thirds majority of the board members. The referendum shall be conducted consistent with the referendum procedures under Section 115-20. However, the township board may, without a referendum, sell, convey, or donate any part of the open space to the Department of Transportation if:

(1) the conveyance is for road purposes;

(2) the Department of Transportation and the township board hold at least one public hearing at which citizens may review plans for the open space and provide public comment. Notice of the public hearing shall be given at least 20 days prior to the hearing and at least 30 days prior to a vote by the township board. The notice shall be given by public advertisement in a newspaper of general circulation in the township and must also be sent to the Governor and to each member of the General Assembly whose district overlaps in whole or in part the open space district; and

(3) the conveyance is approved by a two-thirds majority vote of the township board members.

(b) Notwithstanding any other provision of law, if a township dissolves or is consolidated or merged or the boundaries of the township are altered, any open space affected by that action shall continue to be used for open space purposes unless (i) the open space is disposed of using the same procedures required under subsection (a) by the board of the unit of local government in control of that open space or (ii) the open space is sold, conveyed, or donated to a nonprofit organization, the federal government, a state government, or a local government to be used for open space purposes.

(Source: P.A. 104-48, eff. 1-1-26.)