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Public Act 92-0401
SB915 Enrolled LRB9208011MWpkA
AN ACT concerning park districts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Park District Code is amended by
changing Section 10-7 as follows:
(70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
Sec. 10-7. Sale, lease, or exchange of realty.
(a) Any park district owning and holding any real estate
is authorized (1) to sell or lease that such property to the
State of Illinois, with the State's consent, or another unit
of Illinois State or local government for public use, (2) to
give the property to the State of Illinois if the property is
contiguous to a State park, or (3) to lease that property
upon the terms and at the price that the board determines for
a period not to exceed 99 years to any corporation organized
under the laws of this State, in either case for public use.,
and provided that The grantee or lessee must covenant
covenants to hold and maintain the such property for public
park or recreational purposes unless the or such park
district obtains other real property of substantially the
same size or larger and of substantially the same or greater
suitability for park purposes without additional cost to the
such district. In the case of property given or sold under
this subsection after the effective date of this amendatory
Act of the 92nd General Assembly for which this covenant is
required, the conveyance must provide that ownership of the
property automatically reverts to the grantor if the grantee
knowingly violates the required covenant by allowing all or
any part of the property to be used for purposes other than
park or recreational purposes. Real estate given, sold, or
leased to the State of Illinois under this subsection (1)
must be 50 acres or more in size, (2) may not be located
within the territorial limits of a municipality, and (3) may
not be the site of a known environmental liability or hazard.
(b) Any park district owning or holding any real estate
is authorized to convey such property to a nongovernmental
entity in exchange for other real property of substantially
equal or greater value as determined by 2 appraisals of the
property and of substantially the same or greater suitability
for park purposes without additional cost to such district.
Prior to such exchange with a nongovernmental entity the
park board shall hold a public meeting in order to consider
the proposed conveyance. Notice of such meeting shall be
published not less than three times (the first and last
publication being not less than 10 days apart) in a newspaper
of general circulation within the park district. If there is
no such newspaper, then such notice shall be posted in not
less than 3 public places in said park district and such
notice shall not become effective until 10 days after said
publication or posting.
(c) Notwithstanding any other provision of this Act,
this subsection (c) shall apply only to park districts that
serve territory within a municipality having more than 40,000
inhabitants and within a county having more than 260,000
inhabitants and bordering the Mississippi River. Any park
district owning or holding real estate is authorized to sell
that property to any not-for-profit corporation organized
under the laws of this State upon the condition that the
corporation uses the property for public park or recreational
programs for youth. The park district shall have the right
of re-entry for breach of condition subsequent. If the
corporation stops using the property for these purposes, the
property shall revert back to ownership of the park district.
Any temporary suspension of use caused by the construction of
improvements on the property for public park or recreational
programs for youth is not a breach of condition subsequent.
Prior to the sale of the property to a not-for-profit
corporation, the park board shall hold a public meeting to
consider the proposed sale. Notice of the meeting shall be
published not less than 3 times (the first and last
publication being not less than 10 days apart) in a newspaper
of general circulation within the park district. If there is
no such newspaper, then the notice shall be posted in not
less than 3 public places in the park district. The notice
shall be published or posted at least 10 days before the
meeting. A resolution to approve the sale of the property to
a not-for-profit corporation requires adoption by a majority
of the park board.
(d) Real estate, not subject to such covenant or which
has not been conveyed and replaced as provided in this
Section, may be conveyed in the manner provided by Sections
10-7a to 10-7d hereof, inclusive.
(e) In addition to any other power provided in this
Section, any park district owning or holding real estate that
the board deems is not required for park or recreational
purposes may lease such real estate to any individual or
entity and may collect rents therefrom. Such lease shall not
exceed 2 and one-half times the term of years provided for in
Section 8-15 governing installment purchase contracts.
(f) Notwithstanding any other provision of law, if (i)
the real estate that a park district with a population of
3,000 or less transfers by lease, license, development
agreement, or other means to any private entity is greater
than 70% of the district's total property and (ii) the
current use of the real estate will be substantially altered
by that private entity, the real estate may be conveyed only
in the manner provided for in Sections 10-7a, 10-7b, and
10-7c.
(Source: P.A. 90-14, eff. 7-1-97; 91-423, eff. 8-6-99;
91-918, eff. 7-7-00.)
Passed in the General Assembly May 24, 2001.
Approved August 16, 2001.
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