(315 ILCS 25/6) (from Ch. 67 1/2, par. 91.13)
Sec. 6. Real
property necessary or appropriate for the conservation of urban residential
areas-Acquisition, use and disposition.)
The Conservation Board of a municipality shall have the power to acquire
by purchase, condemnation or otherwise any improved or unimproved real
property the acquisition of which is necessary or appropriate for the
implementation of a conservation plan for a Conservation Area as defined
herein; to remove or demolish substandard or other buildings and structures
from the property so acquired; to hold, improve, mortgage and manage such
properties; and to sell, lease, or exchange such properties, provided that
contracts for repair, improvement or rehabilitation of existing
improvements as may be required by the Conservation Plan to be done by the
Board involving in excess of $1,000.00 shall be let by free and competitive
bidding to the lowest responsible bidder upon such bond and subject to such
regulations as may be set by the Board, and provided further that all new
construction for occupancy and use other than by any municipal corporation
or subdivision thereof shall be on land privately owned. The acquisition,
use, or disposition of any real property in pursuance of this section must
conform to a conservation plan developed in the manner hereinafter set
forth. In case of the sale or lease of any real property acquired under the
provisions of this Act such buyer or lessee must as a condition of sale
or lease, agree to improve and use such property according to the
conservation plan, and such agreement may be made a covenant running with
the land and on order of the governing body such agreement shall be made a
covenant running with the land. No lease or deed of conveyance either by
the Board or any subsequent owner shall contain a covenant running with the
land or other provision prohibiting occupancy of the premises by any person
because of race, creed, color, religion, physical or mental disability, sex or national origin.
The Conservation
Board shall by public
notice by publication once each week for 2 consecutive weeks in a newspaper
having general circulation in the municipality prior to the execution of
any contract to sell, lease or otherwise transfer real property and prior
to the delivery of any instrument of conveyance with respect thereto,
invite proposals from and make available all pertinent information to
redevelopers or any person interested in undertaking to redevelop or
rehabilitate a Conservation Area, or any part thereof, provided that, in
municipalities in which no newspaper is published, publication may be made
by posting a notice in 3 prominent places within the municipality. Such
notice shall contain a description of the Conservation Area, the details of
the conservation plan relating to the property which the purchaser shall
undertake in writing to carry out and such undertakings as the Board may
deem necessary to obligate the purchaser, his or her successors and assigns (1) to
use the property for the purposes designated in the Conservation Plan, (2)
to commence and complete the improvement, repair, rehabilitation or
construction of the improvements within the periods of time which the Board
fixes as reasonable and (3) to comply with such other conditions as are
necessary to carry out the purposes of the Act. The Conservation Board may
negotiate with any persons for proposals for the purchase, lease or other
transfer of any real property acquired pursuant to this Act and shall
consider all redevelopment and rehabilitation proposals submitted to it and
the financial and legal ability of the persons making such proposals to
carry them out. The Conservation Board, as agent for the Municipality, at a
public meeting, notice of which shall have been published in a newspaper of
general circulation within the municipality at least 15 but not more than
30 days prior to such meeting, may accept such proposals as it deems to be
in the public interest and in furtherance of the purposes of this Act;
provided that, all sales or leases of real property shall be made at not
less than fair use value. No sale of real property acquired pursuant to
this section shall be made without the approval of a majority of the
governing body. The disposition of real property acquired pursuant to this
section shall be exempt from the requirements of Sections 11-76-1 and
11-76-2 of the Illinois Municipal Code, as heretofore and hereafter
amended. All deeds of conveyance of real property acquired pursuant to
this section shall be executed as provided in Section 11-76-3 of the
Illinois Municipal Code, as heretofore and hereafter amended. No property
shall be held for more than 5 years, after which period such property shall
be sold to the highest bidder at public sale. The Board may employ
competent private real estate management firms to manage such properties as
may be acquired, or the Board may manage such properties.
(Source: P.A. 99-143, eff. 7-27-15.)
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