70 ILCS 1205/10-7
2021 Illinois Compiled Statutes|Chapter 70 - SPECIAL DISTRICTS|70 ILCS 1205/ - Park District Code.|Article 10 - Powers (Continued) Sales and Conveyance Of Real Estate

 (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 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, for  public  use. The grantee or lessee must covenant to hold and maintain  the property for public park or recreational purposes unless  the 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 district.  In the case of property given  or sold under this subsection after January 1, 2002 (the effective date of Public Act 92-401) 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 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 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.(d-5) Notwithstanding any provision of law to the contrary and in addition to the means provided by Sections 10-7a, 10-7b, 10-7c, and 10-7d, real estate, not subject to a covenant required under subsection (a) or not conveyed and replaced as provided under subsection (a), may be conveyed to another unit of local government or school district if the park district board approves the sale to the unit of local government or school district by a four-fifths vote and: (i) the park district is situated wholly within the corporate limits of that unit of local government or school district; or (ii) the real estate is conveyed for a price not less than the appraised value of the real estate as determined by the average of 3 written MAI certified appraisals or by the average of 3 written certified appraisals of State certified or licensed real estate appraisers.(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 4 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. 101-243, eff. 8-9-19; 101-322, eff. 8-9-19; 102-558, eff. 8-20-21.)