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| Public Act 096-0527 |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Property Control Act is amended by | ||||
changing Section 7.1 as follows:
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(30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
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Sec. 7.1. (a) Except as otherwise provided by law, all | ||||
surplus real
property held by the State of Illinois shall be | ||||
disposed of by the
administrator as provided in this Section. | ||||
"Surplus real property," as
used in this Section, means any | ||||
real property to which the State holds fee
simple title or
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lesser interest, and is vacant, unoccupied or unused and which | ||||
has no
foreseeable use by the owning agency.
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(b) All responsible officers shall submit an Annual Real | ||||
Property
Utilization Report to the Administrator, or annual | ||||
update of such
report, on forms required by the Administrator, | ||||
by July 31 October 30 of each year.
The Administrator may | ||||
require such documentation as he deems reasonably
necessary in | ||||
connection with this Report, and shall require that such
Report | ||||
include the following information:
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(1) A legal description of all real property owned by the | ||||
State
under the control of the responsible officer.
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(2) A description of the use of the real property listed | ||||
under (1).
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(3) A list of any improvements made to such real property | ||
during the
previous year.
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(4) The dates on which the State first acquired its | ||
interest in such
real property, and the purchase price and | ||
source of the funds used to
acquire the property.
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(5) Plans for the future use of currently unused real | ||
property.
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(6) A declaration of any surplus real property.
On or | ||
before October December 31 of each year the Administrator shall | ||
furnish
copies of each responsible officer's report along with | ||
a list of surplus
property indexed by legislative district to | ||
the General Assembly.
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This report shall be filed with the Speaker, the Minority | ||
Leader and the
Clerk of the House of Representatives and the | ||
President, the Minority
Leader and the Secretary of the Senate | ||
and shall be duplicated and made
available to the members of | ||
the General Assembly for evaluation by such
members for | ||
possible liquidation of unused public property at public sale.
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(c) Following receipt of the Annual Real Property | ||
Utilization Report
required under paragraph (b), the | ||
Administrator shall notify all State
agencies by October | ||
December 31 of all declared surplus real
property. Any State
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agency may submit a written request to the Administrator, | ||
within 60 days
of the date of such notification, to have | ||
control of surplus real
property transferred to that agency. | ||
Such request must indicate the
reason for the transfer and the | ||
intended use to be made of such surplus
real property. The | ||
Administrator may deny any or all such requests by a
State | ||
agency or agencies if the Administrator determines that it is | ||
more
advantageous to the State to dispose of the surplus real | ||
property under
paragraph (d). In case requests for the same | ||
surplus real property are
received from more than one State | ||
agency, the Administrator shall weigh
the benefits to the State | ||
and determine to which agency, if any, to
transfer control of | ||
such property. The Administrator shall coordinate
the use and | ||
disposal of State surplus real property with any State space
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utilization program.
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(d) Any surplus real property which is not transferred to | ||
the
control of another State agency under paragraph (c) shall | ||
be disposed of
by the Administrator. No appraisal is required | ||
if during his initial
survey of surplus real property the | ||
Administrator determines such
property has a fair market value | ||
of less than $5,000. If the value of
such property is | ||
determined by the Administrator in his initial survey
to be | ||
$5,000 or more, then the Administrator shall obtain 3 | ||
appraisals
of such real property, one of which shall be | ||
performed by an appraiser
residing in the county in which said | ||
surplus real property is located.
The average of these 3 | ||
appraisals, plus the costs of obtaining the
appraisals, shall | ||
represent the fair market value of the surplus real
property. | ||
No surplus real property may be conveyed by the Administrator
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for less than the fair market value. Prior to offering the | ||
surplus real
property for sale to the public the Administrator | ||
shall give notice in
writing of the existence and fair market | ||
value of the surplus real
property to the governing bodies of | ||
the county and of all cities,
villages and incorporated towns | ||
in the county in which such real
property is located. Any such | ||
governing body may exercise its option to
acquire the surplus | ||
real property for the fair market value within 60
days of the | ||
notice. After the 60 day period has passed, the
Administrator | ||
may sell the surplus real property by public auction
following | ||
notice of such sale by publication on 3 separate days not less
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than 15 nor more than 30 days prior to the sale in the State | ||
newspaper
and in a newspaper having general circulation in the | ||
county in which the
surplus real property is located. The | ||
Administrator shall post "For
Sale" signs of a conspicuous | ||
nature on such surplus real property
offered for sale to the | ||
public. If no acceptable offers for the surplus
real property | ||
are received, the Administrator may have new appraisals of
such | ||
property made. The Administrator shall have all power necessary | ||
to
convey surplus real property under this Section. All moneys | ||
received
for the sale of surplus real property shall be | ||
deposited in the General
Revenue Fund, except where moneys | ||
expended for the acquisition of such
real property were from a | ||
special fund which is still a special fund in
the State | ||
treasury, this special fund shall be reimbursed in the amount
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of the original expenditure and any amount in excess thereof | ||
shall be
deposited in the General Revenue Fund.
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The Administrator shall have authority to order such | ||
surveys, abstracts
of title, or commitments for title insurance | ||
as may, in his reasonable
discretion, be deemed necessary to | ||
demonstrate to prospective purchasers or
bidders good and | ||
marketable title in any property offered for sale pursuant
to | ||
this Section. Unless otherwise specifically authorized by the | ||
General
Assembly, all conveyances of property made by the | ||
Administrator shall be by
quit claim deed.
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(e) The Administrator shall submit an annual report on or | ||
before
February 1 to the Governor and the General Assembly | ||
containing a
detailed statement of surplus real property either | ||
transferred or
conveyed under this Section.
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(Source: P.A. 85-315.)
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