2023 Illinois Compiled Statutes › Chapter 50 - LOCAL GOVERNMENT › 50 ILCS 605/ - Local Government Property Transfer Act.

(50 ILCS 605/0.01) (from Ch. 30, par. 155h)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Local Government Property Transfer Act.
(Source: P.A. 86-1324.)
(50 ILCS 605/1) (from Ch. 30, par. 156)
Sec. 1. When used in this Act:
(a) The term "transferor municipality" shall mean a municipal
corporation transferring real estate or any interest therein, under the
provisions of this Act.
(b) The term "transferee municipality" shall mean a municipal
corporation or 2 or more school districts operating a cooperative or joint educational program pursuant to Section 10-22.31 of the School Code receiving a transfer of real estate or any interest therein
under provisions of this Act.
(c) The term "municipality" whether used by itself or in conjunction
with other words, as in (a) or (b) above, shall mean and include any
municipal corporation or political subdivision organized and existing
under the laws of the State of Illinois and including, but without
limitation, any city, village, or incorporated town, whether organized
under a special charter or under the General Act, or whether operating
under the commission or managerial form of government, county, school
districts, trustees of schools, boards of education, 2 or more school districts operating a cooperative or joint educational program pursuant to Section 10-22.31 of the School Code, sanitary district or
sanitary district
trustees, forest preserve district or forest preserve district
commissioner, park district or park commissioners, airport authority and
township.
(d) The term "restriction" shall mean any condition, limitation,
qualification, reversion, possibility of reversion, covenant, agreement
or restraint of whatever kind or nature, the effect of which is to
restrict the use or ownership of real estate by a municipality as
defined in (c) above.
(e) The term "corporate authorities" shall mean the members of the
legislative body of any municipality as defined in (c) above.
(f) The term "held" or any form thereof, when used in reference to
the interest of a municipality in real estate shall be taken and
construed to refer to and include all of the right, title and interest
of such municipality of whatever kind or nature, in and to such real
estate.
(g) Each of the terms above defined and the terms contained in the
definition of each of said terms shall be taken and construed to include
the plural form thereof.
(h) The term "Local Improvement Act" shall mean an Act of the
General Assembly of the State of Illinois entitled "An Act concerning
local improvements," approved June 14, 1897, and the amendments thereto.
(i) The term "State of Illinois" shall mean the State of Illinois or
any department, commission, board or other agency of the State.
(Source: P.A. 96-783, eff. 8-28-09.)
(50 ILCS 605/2) (from Ch. 30, par. 157)
Sec. 2. If the territory of any municipality shall be wholly within,
coextensive with, or partly within and partly without the corporate
limits of any other municipality, or if the municipality is a school district
and the territory of the school district is adjacent to the boundaries of
any other school district, and the first mentioned municipality
(herein called "transferee municipality"), shall by ordinance declare
that it is necessary or convenient for it to use, occupy or improve any
real estate held by the last mentioned municipality (herein called the
"transferor municipality") in the making of any public improvement or
for any public purpose, the corporate authorities of the transferor
municipality shall have the power to transfer all of the right, title
and interest held by it immediately prior to such transfer, in and to
such real estate, whether located within or without either or both of
said municipalities, to the transferee municipality upon such terms as
may be agreed upon by the corporate authorities of both municipalities,
in the manner and upon the conditions following:
(a) If such real estate shall be held by the transferor municipality
without restriction, the said municipality shall have power to grant or
convey such real estate or any portion thereof to the transferee
municipality upon such terms as may be agreed upon by the corporate
authorities of both municipalities, by an instrument of conveyance
signed by the mayor, president or other chief executive of the
transferor municipality, attested by its clerk or secretary and sealed
with its corporate seal, all duly authorized by a resolution passed by
the vote of 2/3 of the members of the legislative body of
the transferor municipality then holding office, and duly recorded in
the office of the recorder in the county in which said real
estate is located. Provided, however, that any municipality may, in the
manner above provided, convey real estate to a Public Building
Commission organized and existing pursuant to "An Act to authorize the
creation of Public Building Commissions and to define their rights,
powers and duties", approved July 5, 1955, as
amended, when duly authorized by a majority vote of the members of the
legislative body of such municipality then holding office whenever
provision is made in the conveyance for a reverter of the real estate to
such transferor municipality. The transferee municipality shall
thereafter have the right to use, occupy or improve the real estate so
transferred for any municipal or public purpose and shall hold said real
estate by the same right, title and interest by which the transferor
municipality held said real estate immediately prior to said transfer.
(b) If any such real estate shall be held by the transferor
municipality subject to or limited by any restriction, and the
transferee municipality shall desire the use, occupation or improvement
thereof free from said restriction, the transferor municipality (or the
transferee municipality, in the name of and for and on behalf of the
transferor municipality, but without subjecting the transferor
municipality to any expense without the consent of its corporate
authorities), shall have the power to secure from its grantor, or
grantors, their heirs, successors, assigns, or others, a release of any
or all of such restrictions upon such terms as may be agreed upon
between either of said municipalities and the person or persons entitled
to the benefit of said restrictions. Upon the recording of any such
release the transferor municipality shall then have the powers granted
in paragraph (a) of this Section.
(c) If either the transferor municipality or the transferee
municipality shall be unable to secure a release of any restriction as
above provided, the transferor municipality (or the transferee
municipality in the name of and for and in behalf of the transferor
municipality, but without subjecting the transferor municipality to any
expense without the consent of its corporate authorities), shall have
the power to file in any circuit court a petition for the purpose of
removing or releasing said restriction and determining the compensation,
if any, to be paid in consequence thereof to the owner or owners of said
real estate, for any right, title or interest which they or any of them
may or might have in and to any such real estate arising out of said
restriction. If any compensation shall be awarded, the same shall be
measured by the actual damage, if any, to the owner or owners of said
real estate, resulting from the removal or release of said restriction,
and shall be determined as of the date of the filing of said petition.
Upon the payment of such compensation as may be awarded, if any, the
transferor municipality shall have the powers granted in paragraph (a)
of this Section, and said transferor municipality shall grant and convey
the said real estate to the transferee municipality upon the terms and
conditions theretofore agreed upon by the said municipalities and in the
manner provided for in paragraph (a) of this Section.
(d) If the transferor municipality shall hold an easement in any
real estate for a particular purpose different from the purpose for
which the transferee municipality shall desire to use, occupy or improve
said real estate, the transferor municipality (or the transferee
municipality in the name of and for and in behalf of the transferor
municipality, but without subjecting the transferor municipality to any
expense without the consent of its corporate authorities), shall have
the power to file in any circuit court a petition for the purpose of
terminating said easement and securing the right to use, occupy and
improve any such real estate for the purpose or purposes set forth in
said petition, and for determining the compensation, if any, to be paid
in consequence thereof to the owner, or owners of said real estate. If
any compensation shall be awarded, the same shall be measured by the
actual damage, if any, to the owner or owners of said real estate,
resulting from the termination of the said easement and the granting of
the right sought in said petition, and shall be determined as of the
date of the filing of said petition. Upon the payment of such
compensation as may be awarded, if any, the easement held by the
transferor municipality shall in the final order entered in such
proceeding be declared terminated and the right of the transferee
municipality in said real estate shall be declared. If the transferee
municipality shall desire to use, occupy or improve said real estate for
the same purpose authorized by the easement held by the transferor
municipality, the transferor municipality shall have the power to
transfer said easement to the transferee municipality by instrument of
conveyance as provided for in paragraph (a).
(e) If such real estate shall have been acquired or improved by the
transferor municipality under the Local Improvements Act, or under the
said Act in conjunction with any other Act, and the times fixed for the
payment of all installments of the special assessments therefor have not
elapsed at the time the transferor and transferee municipalities shall
have reached an agreement for the transfer of said real estate, the
transferee municipality shall deposit with the transferor municipality
to be placed in the special assessment funds authorized to be collected
to pay the cost of acquiring or improving said real estate, an amount
sufficient to pay (1) the installments of said special assessments not
due and payable at the time of the agreement for said transfer, and (2)
the amounts paid in advance by any property owner on account of said
special assessments, which, had such amounts not been paid in advance,
would have been due and payable after the date of such agreement, and
the transferor municipality shall upon the receipt of such amount cause
orders to be entered in the courts in which said special assessments
were confirmed, cancelling the installments becoming due and payable
after the said time at which the transferor and transferee
municipalities shall have reached an agreement for the transfer of said
real estate, and releasing the respective lots, tracts, and parcels of
real estate assessed in any such proceedings from the installments of
the said assessments in this paragraph authorized to be cancelled. The
transferor municipality shall after the entry of such orders of
cancellation refund to any property owner who has paid the same in
advance, any amounts which otherwise would have been due and payable
after the said time at which the transferor and transferee
municipalities shall have reached an agreement for the transfer of said
real estate. Upon the entry of such orders of cancellation the
transferor municipality shall then have the powers granted in paragraph
(a) of this Section.
(f) The procedure, for the removal of any restriction upon the real
estate of the transferor municipality, for the termination of any
easement of the transferor municipality in said real estate and the
declaration of another or different right in the transferee municipality
in said real estate, and for the ascertainment of just compensation
therefor, shall be as near as may be like that provided for the exercise
of the power of eminent domain under the Eminent Domain Act.
(g) If any property shall be damaged by the release or removal of
any restrictions upon, or the termination of any easement in, or the
granting of a new right in any real estate held by the transferor
municipality, the same shall be ascertained and paid as provided by law.
(Source: P.A. 94-1055, eff. 1-1-07.)
(50 ILCS 605/3) (from Ch. 30, par. 158)
Sec. 3. 
		
		The powers conferred in sections one (1) and two (2) of this Act
shall also be taken to authorize the transfer of two or more parcels of
real estate at the same time and in the same proceeding in the manner
provided in this Act.
(Source: Laws 1925, p. 246.)
(50 ILCS 605/3.1) (from Ch. 30, par. 158.1)
Sec. 3.1. 
		
		Any municipality may lease for any term not exceeding 50 years to
any other municipality real property owned or held by the transferor
municipality, or any part thereof or interest therein, upon such terms and
conditions and for such uses as may be agreed upon by the corporate
authorities of both the transferor and transferee municipalities in the
same manner as is provided in paragraph (a) of Section 2 of this Act for
the conveyance of real estate to a transferee municipality.
This amendatory Act of 1975 is not a limit on any home rule
unit.
This amendatory Act of 1975 is not a limit on the associational
or contractual powers granted in Article VII, Section 10 of the Illinois
Constitution.
(Source: P.A. 79-1093.)
(50 ILCS 605/4) (from Ch. 30, par. 158a)
Sec. 4. Any municipality shall have the power upon resolution passed by
a two-thirds vote of the members of its legislative body then holding office,
to transfer all of the right, title and interest held by it immediately
prior to such transfer, in and to any real estate, whether located within
or without such municipality, to the State of Illinois, for any authorized
purpose of state government, upon such terms and conditions as may be agreed
upon by the transferor municipality and the State of Illinois, and the State
of Illinois is authorized to accept the title or interest in such real estate
so conveyed; except that a majority vote of the members of such legislative
body then holding office is sufficient for the dedication by any municipality
of any area as a nature preserve as provided in the "Illinois Natural Areas
Preservation Act" as now or hereafter amended. If such real estate is held
by the transferor municipality subject to or limited by any restriction,
the State of Illinois, by the Secretary of
Transportation or by the Director of any state department, or the Chairman
or President of any commission, board or agency of the State vested by law
with the power, duty or function of the State Government for which
said property is to be used by the State after its acquisition, may remove
such restriction through purchase, agreement or condemnation. Any such condemnation
proceedings shall be brought and maintained by the State
of Illinois and shall conform, as nearly as may be, with the procedure provided
for the exercise of the power of eminent domain under the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(50 ILCS 605/5)
Sec. 5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)