State of Illinois
90th General Assembly
Legislation

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90_HB3910

      New Act
          Creates the Land Banking  Beneficial  Disclosure  Act  of
      1998. Provides that no agreement or understanding of any kind
      may  be  made  or entered into by any department or agency of
      the State of Illinois with a trustee or beneficiary of a land
      trust, when the land is intended for use  as  a  correctional
      facility  or  for airport purposes, or for land banking for a
      correctional  facility  or  airport   purposes,   until   the
      beneficial  interests in the property or land trust have been
      fully disclosed in a written statement to the  department  or
      agency.   Requires  the disclosure statement to identify each
      beneficiary and define his or  her  interest.   Requires  the
      trustee to file the disclosure statement with the recorder of
      deeds.  Effective immediately.
                                                     LRB9012384NTmg
                                               LRB9012384NTmg
 1        AN  ACT  to create the Land Banking Beneficial Disclosure
 2    Act of 1998.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  1.  Short  title.   This Act may be cited as the
 6    Land Banking Beneficial Disclosure Act of 1998.
 7        Section 5.  Land  trust;  statement.    No  agreement  or
 8    understanding  of any kind may be made or entered into by any
 9    department or agency  of  the  State  of  Illinois  with  any
10    trustee  of a land trust, or any beneficiary or beneficiaries
11    of a land trust, when the land that is the  subject  of  such
12    trust,  any interest in such land, improvements to such land,
13    or use of such land is  intended  for  use  as  a  correction
14    facility   or  for  airport  purposes  until  the  beneficial
15    interests in the property  or  land  trust  have  been  fully
16    disclosed in a written statement to the department or agency.
17    The  disclosure  statement shall identify each beneficiary of
18    such land trust by name and address and  define  his  or  her
19    interest  therein.   The  statement  shall be verified by the
20    trustee, or by the beneficiary as a beneficial  owner  of  an
21    interest  in such land trust.  If the statement is filed by a
22    body politic or other corporate entity it shall  be  verified
23    by  a  duly  authorized  officer of the body politic or other
24    corporate entity for  which  the  statement  is  made.    The
25    trustee shall file the disclosure statement with the recorder
26    of  deeds  of  the  county  in  which the property is located
27    within  30  days  after  the  parties  execute  the  purchase
28    agreement for the property.  This Act  does  not  preclude  a
29    department  or agency of the State of Illinois from making an
30    offer  to  acquire  property,  provided  that  the   purchase
31    agreement   shall  not  be  effective  until  the  disclosure
                            -2-                LRB9012384NTmg
 1    statement has been delivered to the department or agency.
 2        Section 99.  Effective date.  This Act takes effect  upon
 3    becoming law.

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