(70 ILCS 1820/5) (from Ch. 19, par. 855)
Sec. 5. The District has power to acquire and accept by
purchase, lease, gift, grant or otherwise any property and
rights useful for its purposes and to provide for the development
of channels, ports, harbors, airports, airfields, terminals,
port facilities and terminal facilities adequate to serve the needs
of commerce within the District. The District shall also have the power to
acquire and accept, by purchase, lease, gift, grant, or otherwise, any property
and rights useful for its purpose, and to provide for the development,
ownership, and construction of industrial sites, plants, and facilities,
including, but not limited to, plants and facilities for ethanol and its
by-products. The District may acquire real or
personal property or any rights therein in the manner, as near as may
be, as is provided for the exercise of the right of eminent domain
under the Eminent Domain Act; except that no rights or property of any kind
or character now or hereafter owned, leased, controlled or operated
and used by, or necessary for the actual operations of, any common
carrier engaged in interstate commerce, or of any other public
utility subject to the jurisdiction of the Illinois Commerce Commission,
shall be taken or appropriated by the District without first obtaining
the approval of the Illinois Commerce Commission. Notwithstanding
the provisions of any other Section of this Act, the District
shall have full power and authority to lease any or all of its
facilities for operation and maintenance to any person for such
length of time and upon such terms as the District shall deem necessary.
Also the District may lease to others for any period of time,
not to exceed 99 years, upon such terms as its Board may
determine, any of its real property, rights of way or privileges,
or any interest therein, or any part thereof, for industrial,
manufacturing, commercial or harbor purposes, which is in the opinion
of the Port District Board no longer required for its primary
purposes in the development of port and harbor facilities for the
use of public transportation, or which may not be immediately
needed for such purposes, but where such leases will in the
opinion of the Port District Board aid and promote such
purposes, and in conjunction with such leases, the District may
grant rights of way and privileges across the property of the District,
which rights of way and privileges may be assignable and irrevocable
during the term of any such lease and may include the right to enter
upon the property of the District to do such things as may be
necessary for the enjoyment of such leases, rights of way and
privileges, and such leases may contain such conditions and retain
such interest therein as may be deemed for the best interest of the
District by such Board.
Also, the District shall have the right to grant easements and
permits for the use of any such real property, rights of way
or privileges which in the opinion of the Board will not interfere
with the use thereof by the District for its primary purposes and
such easements and permits may contain such conditions and retain such
interest therein as may be deemed for the best interest of the District
by the Board.
With respect to any and all leases, easements, rights of way,
privileges and permits made or granted by the Board, the
Board may agree upon and collect the rentals, charges and fees that
may be deemed for the best interest of the District. Such
rentals, charges and fees shall be used to defray the reasonable
expenses of the District and to pay the principal of and interest on
any revenue bonds issued by the District.
(Source: P.A. 94-1055, eff. 1-1-07.)
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