2023 Illinois Compiled Statutes › Chapter 105 - SCHOOLS › 105 ILCS 5/ - School Code. › Article 16 - Gifts--Use Of Sites--Playgrounds

(105 ILCS 5/Art. 16 heading)
ARTICLE 16.  
		GIFTS--USE OF SITES--PLAYGROUNDS
(105 ILCS 5/16-1) (from Ch. 122, par. 16-1)
Sec. 16-1. 
		Gifts - Vested in school board. 
		Whenever any grant, gift,
donation or legacy of real or personal property has been or shall be,
directly or indirectly, made to or for the use of any public school
district or attendance center and the deed, will or other
instrument by which such grant, gift, donation, or legacy is made
declares in terms or in substance that such property shall be held,
managed, improved and invested or otherwise disposed of for the use and
benefit of the public schools in such district or an individual attendance
center, the title to such property shall be vested in the school board of
such district for use in whatever manner the board shall choose and shall
be held, managed, improved, invested or disposed of by
such board in such manner as the board, in its discretion, sees fit;
provided, however, when the person making such a grant, gift,
donation, or legacy expresses in the instrument by which it was made an
intention that it shall be used for a certain purpose, the school board
shall promote and carry into effect such intention until the board
determines in its discretion that it is no longer possible, practical or
prudent to do so.
This Section does not apply in any case where the deed, will or other
instrument effectively vests the title and control of such property in a
trustee or grantee named in such instrument unless the trustee or grantee
is incapable of taking or administering the trust, or refuses or fails to
accept the trust, in which case the title and control thereof shall vest as
provided in the preceding paragraph.
This Section does not validate any legacy which but
for this enactment would have been invalid.
(Source: P.A. 86-171.)
(105 ILCS 5/16-2) (from Ch. 122, par. 16-2)
Sec. 16-2. Joint
use of site and building.
Whenever the school boards of two or more school districts have agreed
upon the joint use of any school site and compensation to be paid therefor,
and any such site has been selected in the manner required by law, it is
lawful for such districts to use the same school site and after payment of
the compensation, the trustees of schools of the township or regional board
of school trustees, as the case may be, by proper instrument in writing
shall declare that title to such site is held for the joint use of such
districts according to the terms of such agreement, and such districts
shall be further authorized to construct, maintain and use a building
jointly for the benefit of the inhabitants thereof.
Notwithstanding any other provisions of this Section:
(1) If legal title to the selected site is held in the name of the school
board of a school district that has agreed to the joint use of the site with
any other school districts, and if those other school districts are also
districts
whose school boards, under subsection (a) of Section 10-22.35B of this Code, are to hold legal
title to school buildings and school sites of the district, then upon the
execution of the agreement and payment of the compensation in accordance with
the terms of the agreement the school boards of the districts shall be deemed
to hold legal title to the site as tenants in common, and the required deed or
deeds of conveyance shall be executed and delivered by the president and
secretary or clerk of the school boards to reflect that legal title to the
selected site is held in that manner.
(2) If one more but not all of the school boards that are party to the
agreement are school boards that, under subsection (a) of Section 10-22.35B of this Code, are to
hold legal title to the school buildings and school sites of the district, the
interest in the selected site of each school board that is to hold legal title
to the school buildings and school sites of the district shall be that of a
tenant in common; and the required deed or deeds of conveyance shall be
executed and delivered by the president and secretary or clerk of the trustees
of schools of the township, regional board of school trustees, township land
commissioners, or school boards, as the case may be, to reflect that tenancy in
common interest of the appropriate school board or school boards with the
trustees of schools of the township, regional board of school trustees or
township land commissioners, as the case may be, in the legal title to the
selected site.
(Source: P.A. 100-374, eff. 8-25-17.)
(105 ILCS 5/16-3) (from Ch. 122, par. 16-3)
Sec. 16-3. 
		Transfer of site to purchasing district. 
		Whenever the school board of any school district determines that any
schoolhouse site with or without a building thereon is of no further use
to the district and agrees with the school board of any other school
district, within or adjacent to the boundaries of which the site is
situated, upon the
sale thereof to such district and the price to be paid therefor, and
such sites are selected by the purchasing district in the manner
prescribed by law, after the payment of the compensation the trustees of
schools of the township, regional board of school trustees, township
land commissioners, or school board having legal title to the site shall, by proper deed of conveyance or instrument in
writing, convey legal title to, or transfer the use of the site to, the
purchasing district in accordance with applicable provisions of this Code.
(Source: P.A. 88-155.)
(105 ILCS 5/16-4) (from Ch. 122, par. 16-4)
Sec. 16-4. 
		
		Building jointly used - Sale of interest - Additions and
enlargements.
Whenever two school districts situated adjacent  to  one another or  comprising
the same or partly the same
territory have a school site with
buildings thereon, owned by one of the districts but used under
agreement by both, the district owning the site and buildings may sell
to the other, and the other district has the right to purchase, an equal
or any other interest in the site and buildings under an agreement
between the two; and upon the execution of the agreement and the
acquiring the title to the interest by the purchasing district, the two
districts shall be deemed to hold title to the premises as tenants in
common; and thereafter the school districts, or either of them, may,
under appropriate terms in the first agreement, or under a new agreement
entered into by them, add to and enlarge any parts of the buildings, if
deemed necessary for the uses of the districts or either of them, and by
such sole or mutual expenditure of funds as may be nominated by the
terms of the agreement between the districts, and the expenditures shall
in no way change the individual interests of the districts in the premises
unless otherwise expressly so provided by the terms of the
agreement.
(Source: P.A. 81-1541.)
(105 ILCS 5/16-5) (from Ch. 122, par. 16-5)
Sec. 16-5. 
		Agreement for joint use of property.
Prior to the third Saturday of August of any year the school board of
any district which does not by itself maintain a high school may enter into
an agreement with any township high school board of education or the school
board of any other high school district, by which agreement grade school or
high school property, real or personal, owned by or held for the use
of either district within
territory included in both districts may be used jointly for school
purposes by both such districts in the manner provided in the agreement. If
such school district has a population of 1000 or more, and if legal title to
any real property affected by the agreement is not held by the school board of
a school district that is party to the agreement, the agreement shall
be invalid unless prior to such third Saturday of August the written
consent of the trustees of schools of the township or townships, regional
board of school trustees, or township land commissioners holding legal
title to the property affected by the agreement is first
obtained.
(Source: P.A. 88-155.)
(105 ILCS 5/16-6) (from Ch. 122, par. 16-6)
Sec. 16-6. 
		Compensation determined under eminent domain.
Whenever any lot or parcel of land is needed by any university, college,
township high school or other educational institution established and
supported by this State or by a township therein, or by a school district,
as a site for a building or for any educational purpose, including sites
purchased under authority of Section 10-22.31b, and compensation for the
lot or parcel of land cannot be agreed upon between the owners thereof and
the trustees, board of education, or other corporate authority of the
educational institution, or school district, the corporate authority of the
educational institution or school district may have the compensation
determined in the manner provided by law for the exercise of the right of
eminent domain. In Class I counties and in any school district which is
situated in a Class II county school unit but which no longer is subject
to the jurisdiction and authority of a township treasurer or trustees
of schools of a township because the district has withdrawn
from the jurisdiction and authority of the township treasurer and
trustees of schools of the township or because those offices have been
abolished as provided in subsection (b) or (c) of Section 5-1, the school
board shall engage counsel, pay all expenses and institute suit without any
authorization by the regional board of school trustees; and the proceedings
shall be in the name of the school board for the use
of the school district. But no tract of land outside the limits of any
incorporated city or village and within 40 rods of the dwelling of the
owner of the land shall be taken by the board of directors created in
Section 10-1 of this Act without the owner's consent: provided, however,
that a tract of land outside the limits of any incorporated city or village
lying not less than 200 feet from the dwelling of the owner of the land
which adjoins and is adjacent to a school site being used for school
purposes may be taken by the board in the manner provided by law for the
exercise of the right of eminent domain for the purpose of enlarging such
school site for educational and recreational purposes.
(Source: P.A. 87-473; 88-155.)
(105 ILCS 5/16-7) (from Ch. 122, par. 16-7)
Sec. 16-7. 
		Playgrounds,
recreation grounds and athletic fields.
Any school district organized and existing under the general law or by
special charter having a population of not more than 500,000 inhabitants
may acquire real estate by gift, donation, legacy, purchase or otherwise
and hold it for the purpose of establishing playgrounds, recreation grounds
and athletic fields, and may equip, operate and maintain such playgrounds,
recreation grounds and athletic fields, the cost of such acquiring and
equipping to be paid either from the proceeds of bonds issued for that
purpose or out of the operations and maintenance fund, and the
cost of such maintaining and operating to be paid from the educational
fund, of the district. Such real estate need not be contiguous to any other
school property or real estate owned by the school district.
(Source: P.A. 86-970.)
(105 ILCS 5/16-8) (from Ch. 122, par. 16-8)
Sec. 16-8. 
		Supervision - Personnel - Police control. 
		The school board of any such school district acquiring real estate and
equipping, operating and maintaining it for the purposes provided in
Section 16-7 shall have supervision over such playgrounds, recreation
grounds or athletic fields, may employ play leaders, playground directors,
supervisors, recreation superintendents or athletic directors therefor, and
may take such steps to provide for the protection, sanitation, care and
management thereof as it deems appropriate.
If real estate and improvements thereon, including buildings, parking
lots, other improvements and equipment so acquired lies partly or wholly
outside and within 1 mile of the corporate limits of any city, village or
incorporated town situated in such district, such city, village or incorporated
town may exercise police control and protection over such real estate and
improvements thereon, including buildings, parking lots, other improvements
and equipment in the same manner and to the same extent that such city,
village or incorporated town would exercise police control and protection
thereover if such real estate and improvements thereon, including
buildings, parking lots, other improvements and equipment were situated
within the corporate limits thereof.
(Source: P.A. 86-1304.)
(105 ILCS 5/16-9) (from Ch. 122, par. 16-9)
Sec. 16-9. 
		Transfers to municipal corporations.
School districts and boards of education may also transfer real estate
in accordance with the provisions of "An Act in relation to the transfer of
real estate owned by municipalities", approved July 2, 1925, as amended,
title approved May 8, 1947.
(Source: Laws 1967, p. 506.)
(105 ILCS 5/16-10) (from Ch. 122, par. 16-10)
Sec. 16-10. 
		
		Fire
protection.
If the location of any public school building is not within any
municipality or fire protection district, fire protection service for such
building shall be provided by that municipality or fire protection district
which maintains the facility for fire fighting equipment which lies closest
to such building. The school district shall pay to the municipality or fire
protection district, as the case may be, the reasonable cost of such
service. If the respective corporate authorities of the school district and
of the municipality or fire protection district are unable to agree on the
cost of such service, the cost shall be determined by a civil action in the
circuit court of the circuit in which the school building is located.
(Source: P.A. 76-1790.)