Illinois General Assembly - Full Text of HB3864
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Full Text of HB3864  102nd General Assembly

HB3864enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3864 EnrolledLRB102 15830 KTG 21199 b

1    AN ACT concerning urban problems.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Findings.
5    (1) The General Assembly finds that in the 20th Century
6African-American communities in Illinois were substantially
7economically disadvantaged due to the policy of "redlining",
8whereby mortgage opportunities were denied to
9African-Americans or provided at greater than average interest
10rates.
11    (2) The General Assembly finds that through these
12policies, the African-American population of Illinois became
13concentrated in certain neighborhoods in Illinois cities. Due
14to the lack of access to capital, many of the renters in these
15neighborhoods were at the mercy of unscrupulous landlords, who
16failed to provide the proper maintenance and improvements to
17their properties. African-American homeowners in these
18neighborhoods often lacked the funds for proper upkeep. As a
19result, these neighborhoods began to become rundown and
20dilapidated. Soon thereafter these neighborhoods were deemed
21"blighted". Policymakers began to look for solutions to the
22problem of "blighted areas".
23    (3) The Blighted Areas Redevelopment Act of 1947 was
24enacted in an attempt to address the blighted areas problem.

 

 

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1However, the General Assembly finds that the ultimate effect
2of this Act was to codify discriminatory housing practices by
3declaring large swaths of African-American neighborhoods
4blighted areas. This resulted in these areas being condemned
5and demolished and the residents being forced to move without
6affordable housing readily available. The ultimate result was
7that the condemned areas were not redeveloped with affordable
8housing, but rather converted to mixed industrial or highway
9use, effectively serving as a "moat" between African-American
10neighborhoods and the rest of the city.
11    (4) The General Assembly finds that the stain of the
12discriminatory effects of the Blighted Areas Redevelopment Act
13of 1947 cannot be erased. However, the effects can be
14recognized and with the repeal of the Act, the path toward
15healing can begin.
 
16    Section 5. The Illinois Municipal Code is amended by
17changing Section 1-1-10 as follows:
 
18    (65 ILCS 5/1-1-10)  (from Ch. 24, par. 1-1-10)
19    Sec. 1-1-10. It is the policy of this State that all powers
20granted, either expressly or by necessary implication, by this
21Code, by Illinois statute, or by the Illinois Constitution to
22municipalities may be exercised by those municipalities, and
23the officers, employees, and agents of each, notwithstanding
24effects on competition.

 

 

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1    It is further the policy of this State that home rule
2home-rule municipalities and , the officers, employees, and
3agents of each may (1) exercise any power and perform any
4function pertaining to their government and affairs or (2)
5exercise those powers within traditional areas of municipal
6activity, except as limited by the Illinois Constitution or a
7proper limiting statute, notwithstanding effects on
8competition.
9    It is the intention of the General Assembly that the
10"State action exemption" to the application of federal
11antitrust statutes be fully available to all municipalities,
12and the agents, officers, and employees of each to the extent
13they are exercising authority as aforesaid, including, but not
14limited to, the provisions of Sections 6, 7, and 10 of Article
15VII of the Illinois Constitution or the provisions of the
16following Illinois statutes, as each is now in existence or
17may hereinafter be amended:
18    (a) The Illinois Local Library Act; Article 27 of the
19Property Tax Code "An Act to provide the manner of levying or
20imposing taxes for the provision of special services to areas
21within the boundaries of home rule units and non-home rule
22municipalities and counties", approved September 21, 1973, as
23amended; the Housing Development and Construction Act "An Act
24to facilitate the development and construction of housing, to
25provide governmental assistance therefor, and to repeal an Act
26herein named", approved July 2, 1947, as amended; or the

 

 

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1Housing Authorities Act, the Housing Cooperation Law, the
2Blighted Areas Redevelopment Act of 1947, the Blighted Vacant
3Areas Development Act of 1949, the Urban Community
4Conservation Act, the Illinois Enterprise Zone Act, or any
5other power exercised pursuant to the Intergovernmental
6Cooperation Act; or
7    (b) Divisions 1, 2, 3, 4, 5, and 6 of Article 7 of the
8Illinois Municipal Code; Divisions 9, 10, and 11 of Article 8
9of the Illinois Municipal Code; Divisions 1, 2, 3, 4, and 5 of
10Article 9 of the Illinois Municipal Code; and all of Divisions
11of Articles 10 and 11 of the Illinois Municipal Code; or
12    (c) Any other Illinois statute or constitutional provision
13now existing or which may be enacted in the future, by which
14any municipality may exercise authority.
15    The "State action exemption" for which provision is made
16by this Section shall be liberally construed in favor of such
17municipalities and the agents, employees, and officers
18thereof, and such exemption shall be available notwithstanding
19that the action of the municipality or its agents, officers,
20or employees constitutes an irregular exercise of
21constitutional or statutory powers. However, this exemption
22shall not apply where the action alleged to be in violation of
23antitrust law exceeds either (1) powers granted, either
24expressly or by necessary implication, by Illinois statute or
25the Illinois Constitution or (2) powers granted to a home rule
26municipality to perform any function pertaining to its

 

 

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1government and affairs or to act within traditional areas of
2municipal activity, except as limited by the Illinois
3Constitution or a proper limiting statute.
4    Notwithstanding the foregoing, where it is alleged that a
5violation of the antitrust laws has occurred, the relief
6available to the plaintiffs shall be limited to an injunction
7which enjoins the alleged activity.
8    Nothing in this Section is intended to prohibit or limit
9any cause of action other than under an antitrust theory.
10(Source: P.A. 84-1050; revised 8-7-19.)
 
11    Section 10. The Housing Authorities Act is amended by
12changing Sections 9 and 17 and by adding Section 8.24 as
13follows:
 
14    (310 ILCS 10/8.24 new)
15    Sec. 8.24. Land clearance commissions. Any Land Clearance
16Commission created prior to the effective date of this
17amendatory Act of the 102nd General Assembly in accordance
18with the Blighted Areas Redevelopment Act of 1947 (repealed)
19shall be deemed lawful and valid except as provided under the
20Urban Renewal Consolidation Act of 1961. Nothing herein
21contained shall affect or impair the validity of any act or
22proceeding done or performed by such Land Clearance Commission
23under the Blighted Areas Redevelopment Act of 1947 prior to
24the effective date of this amendatory Act of the 102nd General

 

 

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1Assembly.
 
2    (310 ILCS 10/9)  (from Ch. 67 1/2, par. 9)
3    Sec. 9. Whenever it shall be deemed necessary by an
4Authority in connection with the exercise of its powers herein
5conferred to take or acquire the fee of any real property in
6the area of operation or any interest therein or right with
7respect thereto, such Authority may acquire the same directly
8or through its agent or agents from the owner or owners thereof
9or may acquire the same by the exercise of eminent domain in
10the manner provided by the Eminent Domain Act.
11    If any of such property is devoted to a public use it may
12nevertheless be acquired, provided that no property belonging
13to a government may be acquired without its consent and that no
14property belonging to a corporation subject to the
15jurisdiction of the Illinois Commerce Commission may be
16acquired without the approval of the Illinois Commerce
17Commission.
18    The power of eminent domain shall apply not only to
19improved or unimproved property which may be acquired for or
20as an incident to the development or operation of a project or
21projects, but also to: (a) any improved or unimproved property
22the acquisition of which is necessary or appropriate for the
23rehabilitation or redevelopment of any blighted or slum area,
24or (b) any improved or unimproved property which the Authority
25may require to carry out the provisions of this Act. Such power

 

 

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1may be exercised by the Housing Authority on its own
2initiative or as an agent of the city, village, incorporated
3town, county or counties, or any government, or for the
4purpose of sale or lease to: (a) a housing corporation
5operating under "An Act in relation to housing", approved July
612, 1933, as amended; (b) neighborhood redevelopment
7corporations operating under the "Neighborhood Redevelopment
8Corporation Law", approved July 9, 1941, as amended; (c)
9insurance companies operating under Section 125a of the
10"Illinois Insurance Code", approved June 29, 1937, as amended;
11(d) non-profit corporations organized for the purpose of
12constructing, managing and operating housing projects and for
13the improvement of housing conditions, including the rental or
14sale of housing units to persons in need thereof; or to any
15other individual, association or corporation desiring to
16engage in a development or redevelopment project. No sale or
17lease shall be made hereunder to any of the aforesaid
18corporations, associations or individuals unless a plan has
19been approved by the Authority and the Department for the
20development or redevelopment of such property and unless the
21purchaser or lessee furnishes the Authority a bond, with
22satisfactory sureties, in an amount not less than 10% of the
23cost of such development or redevelopment, conditioned on the
24completion of such development or redevelopment in accordance
25with the approved plan; provided that the requirement of the
26bond may be waived by the Department if it is satisfied of the

 

 

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1financial ability of the purchaser or lessee to complete such
2development or redevelopment in accordance with the approved
3plan. To further assure that the real property so sold or
4leased shall be used in accordance with the plan, the
5Department may require the purchaser or lessee to execute in
6writing such undertakings as the Department deems necessary to
7obligate such purchaser or lessee (1) to use the property for
8the purposes presented in plans; (2) to commence and complete
9the building of the improvements designated in the plan within
10the periods of time that the Department fixes as reasonable;
11and (3) to comply with such other conditions as are necessary
12to carry out the purpose of this Act. Any such property may be
13sold pursuant to this section for any legal consideration in
14an amount to be approved by the Department.
15    If the area of operation of a housing authority includes a
16city, village or incorporated town having a population in
17excess of 500,000 as determined by the last preceding Federal
18census, no real property or interest in real property shall be
19acquired in such municipality by the housing authority until
20such time as the housing authority has advised the governing
21body of such municipality of the description of the real
22property, or interest therein, proposed to be acquired, and
23the governing body of the municipality has approved the
24acquisition thereof by the housing authority.
25    A "blighted or slum area" means any area of not less, in
26the aggregate, than one acre, excepting that in any

 

 

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1municipality having a population in excess of 500,000, as
2determined by the last preceding Federal census, a "blighted
3or slum area" means any area of not less in the aggregate of2
4acres which area, in either case, has been designated by
5municipal ordinance or by the Authority as an integrated
6project for rehabilitation, development or redevelopment,
7where (a) buildings or improvements, by reason of
8dilapidation, obsolescence, overcrowding, faulty arrangement
9or design, lack of ventilation, light or sanitary facilities,
10excessive land coverage, deleterious land use or layout or any
11combination of these factors, are a detriment to public
12safety, health or morals, or welfare, or (b) there exists
13platted land which is predominantly open and which, because of
14obsolete platting, diversity of ownership, deterioration of
15structures or of site improvements, or otherwise substantially
16impairs or arrests the sound growth of the community and which
17is to be developed for predominantly residential uses, or (c)
18there exists open unplatted land necessary for sound community
19growth which is to be developed for predominantly residential
20uses, or (d) parcels of land remain undeveloped because of
21improper platting, delinquent taxes or special assessments,
22scattered or uncertain ownerships, clouds on title, artificial
23values due to excessive utility costs, or any other impediment
24to the use of such area for predominantly residential uses;
25provided, that if in any city, village or incorporated town
26there exists a land clearance commission, created under the

 

 

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1"Blighted Areas Redevelopment Act of 1947 (repealed) prior to
2the effective date of this amendatory Act of the 102nd General
3Assembly ", having the same area of operation as a housing
4authority created in and for any such municipality, such
5housing authority shall have no power to acquire land of the
6character described in sub-paragraphs (b), (c) or (d) of the
7definition of "blighted or slum area", in this paragraph for
8the purpose of development or redevelopment by private
9enterprise.
10    The Housing Authority shall have power to hold or use any
11such property for uses authorized by this Act, or to sell,
12lease or exchange such property as is not required for such
13uses by the Authority. In case of sale or lease to other than a
14public corporation or public agency, notice shall be given and
15bids shall be received in the manner provided by Section
1611-76-2 of the Illinois Municipal Code, as amended, and bids
17may be accepted by vote of three of the five Commissioners of
18the Authority; provided, however, that such requirement of
19notice and bidding shall not apply to a sale or lease to any
20individual, association or corporation described in the
21preceding paragraph; nor to a sale or lease of an individual
22dwelling unit in a project, to be used by the purchaser as a
23dwelling for his family; nor to a sale or lease of a project or
24part thereof to an association to be so used by its members. In
25case of exchange of property for property privately owned,
26three disinterested appraisers shall be appointed to appraise

 

 

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1the value of the property to be exchanged, and such exchange
2shall not be made unless the property to be received by the
3Authority is equal or greater in value than the property to be
4exchanged therefor, or if less than such value, that the
5difference shall be paid in money.
6(Source: P.A. 94-1055, eff. 1-1-07.)
 
7    (310 ILCS 10/17)  (from Ch. 67 1/2, par. 17)
8    Sec. 17. Definitions. The following terms, wherever used
9or referred to in this Act shall have the following respective
10meanings, unless in any case a different meaning clearly
11appears from the context:
12    (a) "Authority" or "housing authority" shall mean a
13municipal corporation organized in accordance with the
14provisions of this Act for the purposes, with the powers and
15subject to the restrictions herein set forth.
16    (b) "Area" or "area of operation" shall mean: (1) in the
17case of an authority which is created hereunder for a city,
18village, or incorporated town, the area within the territorial
19boundaries of said city, village, or incorporated town, and so
20long as no county housing authority has jurisdiction therein,
21the area within three miles from such territorial boundaries,
22except any part of such area located within the territorial
23boundaries of any other city, village, or incorporated town;
24and (2) in the case of a county shall include all of the county
25except the area of any city, village or incorporated town

 

 

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1located therein in which there is an Authority. When an
2authority is created for a county subsequent to the creation
3of an authority for a city, village or incorporated town
4within the same county, the area of operation of the authority
5for such city, village or incorporated town shall thereafter
6be limited to the territory of such city, village or
7incorporated town, but the authority for such city, village or
8incorporated town may continue to operate any project
9developed in whole or in part in an area previously a part of
10its area of operation, or may contract with the county housing
11authority with respect to the sale, lease, development or
12administration of such project. When an authority is created
13for a city, village or incorporated town subsequent to the
14creation of a county housing authority which previously
15included such city, village or incorporated town within its
16area of operation, such county housing authority shall have no
17power to create any additional project within the city,
18village or incorporated town, but any existing project in the
19city, village or incorporated town currently owned and
20operated by the county housing authority shall remain in the
21ownership, operation, custody and control of the county
22housing authority.
23    (c) "Presiding officer" shall mean the presiding officer
24of the board of a county, or the mayor or president of a city,
25village or incorporated town, as the case may be, for which an
26Authority is created hereunder.

 

 

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1    (d) "Commissioner" shall mean one of the members of an
2Authority appointed in accordance with the provisions of this
3Act.
4    (e) "Government" shall include the State and Federal
5governments and the governments of any subdivisions, agency or
6instrumentality, corporate or otherwise, of either of them.
7    (f) "Department" shall mean the Department of Commerce and
8Economic Opportunity.
9    (g) "Project" shall include all lands, buildings, and
10improvements, acquired, owned, leased, managed or operated by
11a housing authority, and all buildings and improvements
12constructed, reconstructed or repaired by a housing authority,
13designed to provide housing accommodations and facilities
14appurtenant thereto (including community facilities and
15stores) which are planned as a unit, whether or not acquired or
16constructed at one time even though all or a portion of the
17buildings are not contiguous or adjacent to one another; and
18the planning of buildings and improvements, the acquisition of
19property, the demolition of existing structures, the clearing
20of land, the construction, reconstruction, and repair of
21buildings or improvements and all other work in connection
22therewith. As provided in Sections 8.14 to 8.18, inclusive,
23"project" also means, for Housing Authorities for
24municipalities of less than 500,000 population and for
25counties, the conservation of urban areas in accordance with
26an approved conservation plan. "Project" shall also include

 

 

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1(1) acquisition of (i) a slum or blighted area or a
2deteriorated or deteriorating area which is predominantly
3residential in character, or (ii) any other deteriorated or
4deteriorating area which is to be developed or redeveloped for
5predominantly residential uses, or (iii) platted urban or
6suburban land which is predominantly open and which because of
7obsolete platting, diversity of ownership, deterioration of
8structures or of site improvements, or otherwise substantially
9impairs or arrests the sound growth of the community and which
10is to be developed for predominantly residential uses, or (iv)
11open unplatted urban or suburban land necessary for sound
12community growth which is to be developed for predominantly
13residential uses, or (v) any other area where parcels of land
14remain undeveloped because of improper platting, delinquent
15taxes or special assessments, scattered or uncertain
16ownerships, clouds on title, artificial values due to
17excessive utility costs, or any other impediments to the use
18of such area for predominantly residential uses; (2)
19installation, construction, or reconstruction of streets,
20utilities, and other site improvements essential to the
21preparation of sites for uses in accordance with the
22development or redevelopment plan; and (3) making the land
23available for development or redevelopment by private
24enterprise or public agencies (including sale, initial
25leasing, or retention by the local public agency itself). If
26in any city, village or incorporated town there exists a land

 

 

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1clearance commission created under the "Blighted Areas
2Redevelopment Act of 1947 (repealed) prior to the effective
3date of this amendatory Act of the 102nd General Assembly "
4having the same area of operation as a housing authority
5created in and for any such municipality such housing
6authority shall have no power to acquire land of the character
7described in subparagraph (iii), (iv) or (v) of paragraph 1 of
8the definition of "project" for the purpose of development or
9redevelopment by private enterprise.
10    (h) "Community facilities" shall include lands, buildings,
11and equipment for recreation or social assembly, for
12education, health or welfare activities and other necessary
13utilities primarily for use and benefit of the occupants of
14housing accommodations to be constructed, reconstructed,
15repaired or operated hereunder.
16    (i) "Real property" shall include lands, lands under
17water, structures, and any and all easements, franchises and
18incorporeal hereditaments and estates, and rights, legal and
19equitable, including terms for years and liens by way of
20judgment, mortgage or otherwise.
21    (j) The term "governing body" shall include the city
22council of any city, the president and board of trustees of any
23village or incorporated town, the council of any city or
24village, and the county board of any county.
25    (k) The phrase "individual, association, corporation or
26organization" shall include any individual, private

 

 

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1corporation, limited or general partnership, limited liability
2company, insurance company, housing corporation, neighborhood
3redevelopment corporation, non-profit corporation,
4incorporated or unincorporated group or association,
5educational institution, hospital, or charitable organization,
6and any mutual ownership or cooperative organization.
7    (l) "Conservation area", for the purpose of the exercise
8of the powers granted in Sections 8.14 to 8.18, inclusive, for
9housing authorities for municipalities of less than 500,000
10population and for counties, means an area of not less than 2
11acres in which the structures in 50% or more of the area are
12residential having an average age of 35 years or more. Such an
13area is not yet a slum or blighted area as defined in the
14Blighted Areas Redevelopment Act of 1947, but such an area by
15reason of dilapidation, obsolescence, deterioration or illegal
16use of individual structures, overcrowding of structures and
17community facilities, conversion of residential units into
18non-residential use, deleterious land use or layout, decline
19of physical maintenance, lack of community planning, or any
20combination of these factors may become a slum and blighted
21area.
22    (m) "Conservation plan" means the comprehensive program
23for the physical development and replanning of a "Conservation
24Area" as defined in paragraph (l) embodying the steps required
25to prevent such Conservation Area from becoming a slum and
26blighted area.

 

 

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1    (n) "Fair use value" means the fair cash market value of
2real property when employed for the use contemplated by a
3"Conservation Plan" in municipalities of less than 500,000
4population and in counties.
5    (o) "Community facilities" means, in relation to a
6"Conservation Plan", those physical plants which implement,
7support and facilitate the activities, services and interests
8of education, recreation, shopping, health, welfare, religion
9and general culture.
10    (p) "Loan agreement" means any agreement pursuant to which
11an Authority agrees to loan the proceeds of its revenue bonds
12issued with respect to a multifamily rental housing project or
13other funds of the Authority to any person upon terms
14providing for loan repayment installments at least sufficient
15to pay when due all principal of, premium, if any, and interest
16on the revenue bonds of the Authority issued with respect to
17the multifamily rental housing project, and providing for
18maintenance, insurance, and other matters as may be deemed
19desirable by the Authority.
20    (q) "Multifamily rental housing" means any rental project
21designed for mixed-income or low-income occupancy.
22(Source: P.A. 94-793, eff. 5-19-06; 95-887, eff. 8-22-08.)
 
23    Section 15. The Housing Development and Construction Act
24is amended by changing Sections 2, 3b, 4, and 10 and by adding
25Section 10a as follows:
 

 

 

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1    (310 ILCS 20/2)  (from Ch. 67 1/2, par. 54)
2    Sec. 2. Any housing authority now or hereafter organized
3under the "Housing Authorities Act," approved March 19, 1934,
4as amended, and any Land Clearance Commission heretofore
5organized under the Act herein repealed or organized prior to
6the effective date of this amendatory Act of the 102nd General
7Assembly hereafter organized under the provisions of the
8"Blighted Areas Redevelopment Act of 1947 (repealed) , "
9enacted by the 65th General Assembly, may make application to
10the Department of Commerce and Economic Opportunity for a
11grant of state funds from the appropriation designated for the
12making of grants under this Act. No such housing authority or
13Land Clearance Commission shall apply for a sum larger than
14the proportion of the population of its area of operation to
15the population of the State, and where an authority and Land
16Clearance Commission have been created by the governing body
17of the same municipality, an amount not in excess of one-half
18(1/2) of the maximum grant allocable for such municipality on
19the foregoing basis of proportion of population may be
20allocated to the housing authority and an amount not in excess
21of one-half (1/2) of the maximum grant so allocable for such
22municipality may be allocated to the Land Clearance
23Commission.
24    The foregoing provisions of this Section in respect to
25maximum allocable grants to housing authorities and land

 

 

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1clearance commissions from funds appropriated by the 66th or
2any succeeding General Assembly, and applications therefor,
3shall be subject to the provisions of Section 3a of this Act.
4(Source: P.A. 94-793, eff. 5-19-06.)
 
5    (310 ILCS 20/3b)  (from Ch. 67 1/2, par. 55b)
6    Sec. 3b. In any municipality or county for which a Land
7Clearance Commission has been established, and for which no
8Housing Authority has been established, the Land Clearance
9Commission, if a recipient of state grants under this Act,
10may, subject to the approval of the Department of Commerce and
11Economic Opportunity, exercise the powers vested in Housing
12Authorities under the provisions of this Act and the "Housing
13Authorities Act," approved March 19, 1934, as amended, and
14apply state grant funds allocated under this Act to any such
15purpose. For the purpose of any project so undertaken, the
16Land Clearance Commission shall be subject to all laws and
17regulations applicable to Housing Authorities. In If a Housing
18Authority is established for any such municipality or county,
19the Land Clearance Commission shall thereafter exercise only
20those powers designated in the "Blighted Areas Redevelopment
21Act of 1947," approved July 2, 1947, as amended, and, in
22respect to pending, uncompleted or existing projects
23undertaken as a Housing Authority, the Land Clearance
24Commission, subject to the approval of the Department of
25Commerce and Economic Opportunity, may either complete or

 

 

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1continue such project, or transfer full and complete power
2thereover to the Housing Authority.
3(Source: P.A. 94-793, eff. 5-19-06.)
 
4    (310 ILCS 20/4)  (from Ch. 67 1/2, par. 56)
5    Sec. 4. Grants paid to Land Clearance Commissions pursuant
6to this Act shall be deposited in a separate fund and, except
7as otherwise authorized by Section 3b, be applied only to the
8uses authorized by the "Blighted Areas Redevelopment Act of
91947," approved July 2, 1947, as amended. If any such Land
10Clearance Commission has received state or municipal grants
11under the "Blighted Areas Redevelopment Act of 1947 (repealed)
12prior to the effective date of this amendatory Act of the 102nd
13General Assembly," the sum paid under this Act shall be
14deposited in the separate fund into which such other grants
15were placed for use in connection with any redevelopment
16project or projects undertaken by such commission. No grant to
17a Land Clearance Commission hereunder shall be conditioned
18upon the matching thereof by the municipality in which the
19redevelopment project is located.
20(Source: Laws 1963, p. 1493.)
 
21    (310 ILCS 20/10)  (from Ch. 67 1/2, par. 62)
22    Sec. 10. "An Act to promote the improvement of housing",
23approved July 26, 1945, is repealed. The repeal of said Act
24shall not affect the validity of the organization, acts,

 

 

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1contracts, proceedings, conveyances and transactions of
2housing authorities and land clearance commissions done or
3performed thereunder prior to the effective date of this Act,
4and all such acts, contracts, proceedings, conveyances and
5transactions, done or performed thereunder, and the
6organization of such authorities and land clearance
7commissions are ratified, affirmed and declared valid and
8legal in all respects. Grants paid to such housing authorities
9and land clearance commissions under the act herein repealed
10may be used by such authorities and commissions for the
11purposes for which such grants were made, and all or any
12portion thereof which remains unexpended and unobligated may,
13in addition, be used in the manner authorized by Section 22 of
14the "Blighted Areas Redevelopment Act of 1947", enacted by the
1565th General Assembly, or, with the approval of the Department
16of Commerce and Community Affairs (now Department of Commerce
17and Economic Opportunity) for any purpose or purposes
18authorized by this Act.
19(Source: P.A. 94-793, eff. 5-19-06.)
 
20    (310 ILCS 20/10a new)
21    Sec. 10a. Blighted Areas Redevelopment Act of 1947;
22repeal. The repeal of the Blighted Areas Redevelopment Act of
231947 does not affect the validity of the organization, acts,
24contracts, proceedings, conveyances, and transactions of
25housing authorities and land clearance commissions done or

 

 

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1performed thereunder prior to the effective date of this
2amendatory Act of the 102nd General Assembly and all such
3acts, contracts, proceedings, conveyances, and transactions,
4done or performed thereunder, and the organization of such
5authorities and land clearance commissions are ratified,
6affirmed, and declared valid and legal in all respects. Grants
7paid to such housing authorities and land clearance
8commissions under the Act herein repealed may be used by such
9authorities and commissions for the purposes for which such
10grants were made, and all or any portion thereof which remains
11unexpended and unobligated may, in addition, be used with the
12approval of the Department of Commerce and Economic
13Opportunity for any purpose or purposes authorized by this
14Act.
 
15    Section 20. The Redevelopment Project Rehousing and
16Capital Improvements Act is amended by changing Section 1 as
17follows:
 
18    (310 ILCS 30/1)  (from Ch. 67 1/2, par. 92)
19    Sec. 1. The State shall contribute to the rehousing of
20persons of low income residing in the areas of redevelopment
21projects undertaken pursuant to the "Blighted Areas
22Redevelopment Act of 1947", herein called "redevelopment
23projects", in the manner provided by this Act.
24(Source: Laws 1947, p. 1089.)
 

 

 

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1    Section 25. The Neighborhood Redevelopment Corporation Law
2is amended by changing Section 3-12 as follows:
 
3    (315 ILCS 20/3-12)  (from Ch. 67 1/2, par. 253-12)
4    Sec. 3-12. "Conservation Area" shall mean an area in which
5the structures in fifty per cent or more of the area are
6residential having an average age of thirty-five years or
7more. Such an area is not yet a Slum or Blighted Area as
8defined in the Blighted Areas Redevelopment Act of 1947, but
9such area by reason of dilapidation, obsolescence, or
10deterioration, or illegal use of individual structures,
11overcrowding of structures and community facilities,
12conversion of residential units into non-residential use,
13deleterious land use or layout or any combination of these
14factors may become such a Slum and Blighted Area.
15(Source: Laws 1953, p. 1138.)
 
16    Section 30. The Urban Community Conservation Act is
17amended by changing Section 3 as follows:
 
18    (315 ILCS 25/3)  (from Ch. 67 1/2, par. 91.10)
19    Sec. 3. Definitions.
20    The following terms, wherever used or referred to in this
21Act shall have the following respective meanings, unless in
22any case a different meaning clearly appears from the context.

 

 

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1    (a) "Municipality" shall mean a city, village or
2incorporated town.
3    (b) "Governing body" shall mean the council or the
4President and board of Trustees of any city, village or
5incorporated town, as the case may be.
6    (c) "Presiding officer" shall mean the Mayor or President
7of a city, village or incorporated town.
8    (d) "Conservation Area" in municipalities with a
9population of over 500,000 shall mean an area of not less than
1040 acres, and in other municipalities shall mean an area of not
11less than 2 acres in which the structures in 50% or more of the
12area are residential having an average age of 35 years or more.
13Such an area is not yet a slum or blighted area as defined in
14the Blighted Areas Redevelopment Act of 1947, but such an area
15by reason of dilapidation, obsolescence, deterioration or
16illegal use of individual structures, overcrowding of
17structures and community facilities, conversion of residential
18units into non-residential use, deleterious land use or
19layout, decline of physical maintenance, lack of community
20planning, or any combination of these factors may become such
21a slum and blighted area.
22    (e) "Conservation Plan" shall mean the comprehensive
23program for the physical development and replanning of a
24"Conservation Area" embodying the steps required to prevent
25such "Conservation Area" from becoming a slum and blighted
26area.

 

 

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1    (f) "Real Property" shall include lands, lands underwater,
2structures and any and all easements, franchises and
3incorporeal hereditaments and estates, and rights, legal and
4equitable, including terms for years and liens by way of
5judgment, mortgage or otherwise.
6    (g) "Fair Use Value" shall mean the fair cash market value
7of real property when employed for the use contemplated by the
8community conservation plan.
9    (h) "Community facilities" shall mean those physical
10plants which implement, support and facilitate the activities,
11services and interests of education, recreation, shopping,
12health, welfare, religion and general culture.
13(Source: Laws 1959, p. 2200.)
 
14    Section 35. The Urban Renewal Consolidation Act of 1961 is
15amended by changing Sections 2, 3, 12, 19, 30, and 33 as
16follows:
 
17    (315 ILCS 30/2)  (from Ch. 67 1/2, par. 91.102)
18    Sec. 2. It is hereby found and declared (a) that there
19exist in urban communities within this State with more than
20500,000 inhabitants land clearance commissions, created prior
21to the effective date of this amendatory Act of the 102nd
22General Assembly and acting pursuant to the "Blighted Areas
23Redevelopment Act of 1947 (repealed) ," approved July 2, 1947,
24as amended, and conservation boards, created and acting

 

 

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1pursuant to the "Urban Community Conservation Act," approved
2July 13, 1953, as amended; (b) that the administration of
3these two closely related programs involving the eradication
4or prevention of slum and blight areas and the redevelopment
5of such areas can be accomplished more efficiently by a single
6instrumentality as an agency of such urban community; (c) that
7in order to protect the health, safety, morals and welfare of
8the public by the more efficient administration of programs to
9aid in the eradication and prevention of slum and blight areas
10and the redevelopment thereof it is necessary to provide for
11the creation of a single instrumentality to absorb the
12functions of land clearance commissions and conservation
13boards, and to exercise the powers and authority granted by
14the "Blighted Areas Redevelopment Act of 1947 (repealed) ,"
15approved July 2, 1947, as amended, and the "Urban Community
16Conservation Act," approved July 13, 1953, as amended; and (d)
17the eradication and redevelopment of slum and blighted areas,
18the development and redevelopment of blighted vacant areas,
19the conservation of urban residential areas and the prevention
20of slums, by a single instrumentality the creation of which is
21herein authorized, in the manner provided in this Act, is
22hereby declared to be a public use essential to the public
23interest.
24(Source: Laws 1961, p. 3308.)
 
25    (315 ILCS 30/3)  (from Ch. 67 1/2, par. 91.103)

 

 

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1    Sec. 3. The following terms, wherever used or referred to
2in this Act shall have the following respective meanings,
3unless in any case a different meaning clearly appears from
4the context:
5    (a) "Department" means a Department of Urban Renewal
6created pursuant to this Act.
7    (b) "Government" shall mean the United States of America
8or any agency or instrumentality thereof authorized to make
9funds available to local public agencies by way of loans or
10grants for or in aid of any of the purposes of this Act.
11    (c) "Municipality" shall mean a city, village or
12incorporated town.
13    (d) "Presiding officer" shall mean the mayor or president
14of a city, village or incorporated town, as the case may be,
15for which a Department of Urban Renewal is created.
16    (e) "Governing body" shall mean the council or the
17president and board of trustees of any city, village or
18incorporated town, as the case may be.
19    (f) "State Housing Board" shall mean the State Housing
20Board created pursuant to "An Act in relation to Housing,"
21approved July 12, 1933, as amended.
22    (g) "Area of operation" shall mean the area within the
23territorial boundaries of such municipality.
24    (h) "Real Property" shall include lands, lands under
25water, structures, and any and all easements, franchises and
26incorporeal hereditaments and estates, and rights, legal and

 

 

HB3864 Enrolled- 28 -LRB102 15830 KTG 21199 b

1equitable, including terms for years and liens by way of
2judgment, mortgage or otherwise.
3    (i) "Slum and Blighted Area" means any area of not less in
4the aggregate than two (2) acres located within the
5territorial limits of a municipality where buildings or
6improvements, by reason of dilapidation, obsolescence,
7overcrowding, faulty arrangement or design, lack of
8ventilation, light and sanitary facilities, excessive land
9coverage, deleterious land use or layout or any combination of
10these factors, are detrimental to the public safety, health,
11morals or welfare.
12    (j) "Slum and Blighted Area Redevelopment Project" means a
13project involving a slum and blighted area as defined in
14subsection (i) of this section.
15    (k) "Blighted Vacant Area Redevelopment Project" means a
16project involving (1) predominantly open platted urban land
17which because of obsolete platting, diversity of ownership,
18deterioration of structures or of site improvements, or taxes
19or special assessment delinquencies exceeding the fair value
20of the land, substantially impairs or arrests the sound growth
21of the community and which is to be developed for residential
22or other use, provided that such a project shall not be
23developed for other than residential use unless the area, at
24the time the Department adopts the resolution approving the
25plan for the development of the area, is zoned for other than
26residential use and unless the Department determines that

 

 

HB3864 Enrolled- 29 -LRB102 15830 KTG 21199 b

1residential development thereof is not feasible, and such
2determination is approved by the presiding officer and the
3governing body of the municipality in which the area is
4situated, or (2) open unplatted urban land to be developed for
5predominantly residential uses, or (3) a combination or
6projects defined in (1) and (2) of this sub-section (k).
7    (l) "Redevelopment Project" shall mean a "Slum and
8Blighted Area Redevelopment Project" or a "Blighted Vacant
9Area Redevelopment Project," as the case may be, as designated
10in the determination of the Department pursuant to Section 11
11of this Act, or as heretofore designated in the determination
12of a land clearance commission which is to be dissolved
13pursuant to this Act, and may include such additional area of
14not more in the aggregate than one hundred sixty (160) acres
15(exclusive of the site of any abutting Slum and Blighted Area
16Redevelopment Project or Blighted Vacant Area Redevelopment
17Project) located within the territorial limits of the
18municipality, abutting and adjoining in whole or in part a
19Slum and Blighted Area Redevelopment Project or Blighted
20Vacant Area Redevelopment Project, which the Department deems
21necessary for the protection and completion of such
22redevelopment project or projects and of the site improvements
23to be made therein and which has been approved by the governing
24body of the municipality in which the area is situated, but the
25Department as to such additional area shall have power only to
26make studies, surveys and plans concerning services to be

 

 

HB3864 Enrolled- 30 -LRB102 15830 KTG 21199 b

1performed by the municipality or others, including the
2extension of project streets and utilities, the provision of
3parks, playgrounds or schools, and the zoning of such
4peripheral areas.
5    (m) "Conservation Area" shall mean an area of not less
6than 40 acres in which the structures in 50% or more of the
7area are residential, having an average age of 35 years or
8more. Such an area is not yet a slum or blighted area as
9defined herein, but such an area, by reason of dilapidation,
10obsolescence, deterioration or illegal use of individual
11structures, overcrowding of structures and community
12facilities, conversion of residential units into
13non-residential use, deleterious land use or layout, decline
14of physical maintenance, lack of community planning, or any
15combination of these factors, may become such a slum and
16blighted area.
17    (n) "Conservation Plan" shall mean the comprehensive
18program for the physical development and replanning of a
19"Conservation Area" embodying the steps required to prevent
20such "Conservation Area" from becoming a slum and blighted
21area.
22    (o) "Fair Use Value" shall mean the fair cash market value
23of real property when employed for the use contemplated by the
24Community Conservation Plan.
25    (p) "Community facilities" shall mean those physical
26plants which implement, support and facilitate the activities,

 

 

HB3864 Enrolled- 31 -LRB102 15830 KTG 21199 b

1services and interests of education, recreation, shopping,
2health, welfare, religion and general culture.
3    (q) "Land Clearance Commission" shall mean a land
4clearance commission created prior to the effective date of
5this amendatory Act of the 102nd General Assembly pursuant to
6the "Blighted Areas Redevelopment Act of 1947 (repealed) ,"
7approved July 2, 1947, as amended.
8    (r) "Conservation Board" shall mean a conservation board
9created pursuant to the "Urban Community Conservation Act,"
10approved July 13, 1953, as amended.
11(Source: Laws 1961, p. 3308.)
 
12    (315 ILCS 30/12)  (from Ch. 67 1/2, par. 91.112)
13    Sec. 12. Upon approval of the determination as provided in
14the preceding Section, the Department, as agent for the
15municipality, may proceed to acquire by gift, purchase or
16condemnation the fee simple title to all real property lying
17within the area included in the redevelopment project,
18including easements and reversionary interests in the streets,
19alleys and other public places lying within such area. If any
20such real property is subject to an easement the Department,
21in its discretion, may acquire the fee simple title to such
22real property subject to such easement if it determines that
23such easement will not interfere with the consummation of a
24redevelopment plan. If any such real property is already
25devoted to a public use it may nevertheless be acquired,

 

 

HB3864 Enrolled- 32 -LRB102 15830 KTG 21199 b

1provided that no property belonging to the United States of
2America, the State of Illinois or any municipality may be
3acquired without the consent of such governmental unit and
4that no property devoted to a public use belonging to a
5corporation subject to the jurisdiction of the Illinois
6Commerce Commission may be acquired without the approval of
7the Illinois Commerce Commission. Each Department, as agent
8for the municipality, is hereby vested with the power to
9exercise the right of eminent domain. Condemnation proceedings
10instituted hereunder shall be brought by and in the name of the
11municipality and shall be in all respects in the manner
12provided for the exercise of the right of eminent domain under
13the Eminent Domain Act.
14    Any determination to acquire a particular slum or blighted
15area, or any other area which may constitute a redevelopment
16project, as herein defined, heretofore made by a land
17clearance commission prior to the effective date of this
18amendatory Act of the 102nd General Assembly pursuant to the
19"Blighted Areas Redevelopment Act of 1947 (repealed) ,"
20approved July 2, 1947, as amended, and heretofore approved by
21the State Housing Board and the governing body of the
22municipality, shall be sufficient to authorize acquisition by
23the Department, as agent for the municipality, of all or any of
24the real property included in such area.
25(Source: P.A. 94-1055, eff. 1-1-07.)
 

 

 

HB3864 Enrolled- 33 -LRB102 15830 KTG 21199 b

1    (315 ILCS 30/19)  (from Ch. 67 1/2, par. 91.119)
2    Sec. 19. Prior to making a sale or conveyance of any part
3of the real property within the area of a redevelopment
4project pursuant to any of the foregoing Sections of this Act,
5the Department shall prepare and approve a plan for the
6development or redevelopment of the project area and shall
7submit the same to the governing body of the municipality in
8which the real property is situated for their approval. The
9Department shall not make a sale or conveyance of any part of
10the real property in the project area until such time as the
11plan has been approved by the governing body of the
12municipality in which the real property is situated; provided,
13however, that any plan for the development or redevelopment of
14a project area heretofore prepared and approved by a land
15clearance commission prior to the effective date of this
16amendatory Act of the 102nd General Assembly pursuant to the
17Blighted Areas Redevelopment Act of 1947 (repealed), and
18heretofore approved by the State Housing Board and the
19governing body of the municipality shall be sufficient to
20authorize a sale pursuant to this Section. At the time of
21making any such sale or conveyance, the purchaser shall agree
22to reimburse any public utility as defined in the Public
23Utilities Act for the costs of relocation of the facilities of
24such public utility made necessary by the plan for the
25development or redevelopment of the project area, except and
26excluding, however, any such costs to the extent incurred for

 

 

HB3864 Enrolled- 34 -LRB102 15830 KTG 21199 b

1the relocation of such facilities located, prior to the
2development or redevelopment, in a public way or public
3property which retains its character as such thereafter.
4(Source: P.A. 100-863, eff. 8-14-18.)
 
5    (315 ILCS 30/30)  (from Ch. 67 1/2, par. 91.130)
6    Sec. 30. The provisions of any other statute to the
7contrary notwithstanding, funds of a land clearance commission
8dissolved or in the process of dissolution pursuant to this
9Act which have been derived from grants made by the State of
10Illinois shall be transferred and paid over to the
11municipality for use by a Department of Urban Renewal for any
12of the purposes of Part I of this Act.
13    Any municipality which has issued and sold bonds prior to
14the effective date of this amendatory Act of the 102nd General
15Assembly pursuant to Section 24 of the "Blighted Areas
16Redevelopment Act of 1947 (repealed) ," approved July 2, 1947,
17as amended, for the purpose of raising funds to be paid to a
18land clearance commission may apply, use and pay the proceeds
19of such bonds for and in aid of its Department of Urban Renewal
20and may use such funds for any of the purposes of Part I of
21this Act.
22(Source: Laws 1961, p. 3308.)
 
23    (315 ILCS 30/33)  (from Ch. 67 1/2, par. 91.133)
24    Sec. 33. Nothing contained in this Act shall affect or

 

 

HB3864 Enrolled- 35 -LRB102 15830 KTG 21199 b

1impair the validity of any act or proceeding done or performed
2by a land clearance commission prior to the effective date of
3this amendatory Act of the 102nd General Assembly under the
4Blighted Areas Redevelopment Act of 1947 (repealed) , as
5amended, or by a Community Conservation Board under the Urban
6Community Conservation Act, as amended.
7(Source: Laws 1961, p. 3308.)
 
8    Section 40. The Eminent Domain Act is amended by changing
9Section 15-5-25 as follows:
 
10    (735 ILCS 30/15-5-25)
11    Sec. 15-5-25. Eminent domain powers in ILCS Chapters 205
12through 430. The following provisions of law may include
13express grants of the power to acquire property by
14condemnation or eminent domain:
 
15(220 ILCS 5/8-509); Public Utilities Act; public utilities;
16    for construction of certain improvements.
17(220 ILCS 15/1); Gas Storage Act; corporations engaged in the
18    distribution, transportation, or storage of natural gas or
19    manufactured gas; for their operations.
20(220 ILCS 15/2 and 15/6); Gas Storage Act; corporations
21    engaged in the distribution, transportation, or storage of
22    natural gas or manufactured gas; for use of an underground
23    geological formation for gas storage.

 

 

HB3864 Enrolled- 36 -LRB102 15830 KTG 21199 b

1(220 ILCS 30/13); Electric Supplier Act; electric
2    cooperatives; for general purposes.
3(220 ILCS 55/3); Telegraph Act; telegraph companies; for
4    telegraph lines.
5(220 ILCS 65/4); Telephone Company Act; telecommunications
6    carriers; for telephone company purposes.
7(225 ILCS 435/23); Ferries Act; ferry operators; for a
8    landing, ferryhouse, or approach.
9(225 ILCS 440/9); Highway Advertising Control Act of 1971;
10    Department of Transportation; for removal of signs
11    adjacent to highways.
12(310 ILCS 5/6 and 5/38); State Housing Act; housing
13    corporations; for general purposes.
14(310 ILCS 10/8.3); Housing Authorities Act; housing
15    authorities; for general purposes.
16(310 ILCS 10/8.15); Housing Authorities Act; housing
17    authorities; for implementation of conservation plans and
18    demolition.
19(310 ILCS 10/9); Housing Authorities Act; housing authorities;
20    for general purposes.
21(310 ILCS 20/5); Housing Development and Construction Act;
22    housing authorities; for development or redevelopment.
23(310 ILCS 35/2); House Relocation Act; political subdivisions
24    and municipal corporations; for relocation of dwellings
25    for highway construction.
26    (315 ILCS 5/14); Blighted Areas Redevelopment Act of 1947;

 

 

HB3864 Enrolled- 37 -LRB102 15830 KTG 21199 b

1    land clearance commissions; for redevelopment projects.
2(315 ILCS 10/5); Blighted Vacant Areas Development Act of
3    1949; State of Illinois; for housing development.
4(315 ILCS 20/9 and 20/42); Neighborhood Redevelopment
5    Corporation Law; neighborhood redevelopment corporations;
6    for general purposes.
7(315 ILCS 25/4 and 25/6); Urban Community Conservation Act;
8    municipal conservation boards; for conservation areas.
9(315 ILCS 30/12); Urban Renewal Consolidation Act of 1961;
10    municipal departments of urban renewal; for blighted area
11    redevelopment projects.
12(315 ILCS 30/20 and 30/22); Urban Renewal Consolidation Act of
13    1961; municipal departments of urban renewal; for
14    implementing conservation areas.
15(315 ILCS 30/24); Urban Renewal Consolidation Act of 1961;
16    municipal departments of urban renewal; for general
17    purposes.
18(415 ILCS 95/6); Junkyard Act; Department of Transportation;
19    for junkyards or scrap processing facilities.
20(420 ILCS 35/1); Radioactive Waste Storage Act; Illinois
21    Emergency Management Agency; for radioactive by-product
22    and waste storage.
23(Source: P.A. 94-1055, eff. 1-1-07.)
 
24    (315 ILCS 5/Act rep.)
25    Section 45. The Blighted Areas Redevelopment Act of 1947

 

 

HB3864 Enrolled- 38 -LRB102 15830 KTG 21199 b

1is repealed.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.