2023 Illinois Compiled Statutes › Chapter 315 - URBAN PROBLEMS › 315 ILCS 10/ - Blighted Vacant Areas Development Act of 1949.

(315 ILCS 10/1) (from Ch. 67 1/2, par. 91.1)
Sec. 1. 
		
		Short
title.
This act shall be known and may be cited as the Blighted Vacant Areas Development Act of 1949.
(Source: Laws 1949, p. 994.)
(315 ILCS 10/2) (from Ch. 67 1/2, par. 91.2)
Sec. 2. 
		Legislative finding and declaration.
It is hereby found and declared:
(a) That there exists within the populous areas in the State of Illinois
an inadequate quantity of housing and that this inadequacy may not be
regarded as transitory or self-curing;
(b) Inadequacy of housing in such areas breeds disease, mental and
physical; increases the mortality rate; contributes to marital instability,
juvenile delinquency, and crime; requires increased expenditures by the
State of Illinois and by local governments; necessitates higher tax levies;
and intensifies demands for charity, both public and private;
(c) Alleviation of the inadequacy of housing in such areas requires the
use for housing purposes of presently undeveloped land in such populous
areas, in tracts sufficiently large to meet modern and economical
construction needs and patterns and the requirements of modern city
planning;
(d) A large proportion of presently undeveloped land in populous areas,
suitable for housing purposes within the aforementioned requirements, lies
within subdivisions in which there is prevalent (i) small lot size; (ii)
diversity of ownership; (iii) unknown ownership and clouded titles; (iv)
taxes and special assessment delinquencies usually exceeding the fair value
of the land. These characteristics render such land unmarketable in fact
for housing purposes or for any other economic purpose, so that such land,
in its present state, cannot be developed by private enterprise.
(e) These subdivisions are a continuing burden upon the tax paying
properties of the community and they are permitted through neglect to
produce weeds, noxious and otherwise, which become fire hazards during the
autumn season, and are often the locations where offensive, immoral, and
criminal acts are perpetrated. They have, therefore, become a blight upon
the community.
(f) That these conditions prevent development of desirable residential
areas, resulting in added costs to the people of this State for creation of
new public facilities and services. That lots within such subdivisions
which have a fair cash market value in excess of the amount of the unpaid
taxes and special assessments, are so burdened and encumbered by such
conditions that the owners suffer from the blight which engulfs such areas
and destroys the marketability of otherwise saleable land.
(g) As a result of these degenerative conditions the properties within
these blighted vacant areas are in a state of nonproductiveness and fail to
produce their due and proper share of the taxes necessary to support local
governments within whose boundaries they are situated notwithstanding the
annual outlay of a substantial amount of public revenues in a largely
ineffectual effort to collect such taxes. They are economic, social, and
physical waste lands which produce a meager share of the public revenue
raised to defray the cost of police and fire protection, the protection of
public health and the promotion of general welfare. The drain upon the
public revenues caused directly and indirectly by these blighted vacant
areas, has impaired and will continue to impair the efficient, economical,
and indispensable governmental functions of the State of Illinois, as well
as of the counties and municipalities within the State of Illinois.
(h) That these blighted vacant areas constitute physical, economic, and
social nuisances, and should be eliminated in the best interest of the
health, morals, safety, and general welfare of the people of the State of
Illinois. Accordingly, such elimination and development as herein provided
is hereby declared to be a public use.
(Source: Laws 1949, p. 994.)
(315 ILCS 10/3) (from Ch. 67 1/2, par. 91.3)
Sec. 3. Definitions. The following terms, wherever used or referred
to in this Act, shall have the following respective meanings, unless, in
any case, a different meaning clearly appears from the context:
(a) "Private interest" and "developer" includes any person, firm,
association, trust, or business corporation.
(b) "Blighted vacant area" means any undeveloped contiguous urban
area of not less than one acre where there exists diversity of ownership
of lots and tax and special assessment delinquencies exceeding the fair
cash market value of the land within such area.
(c) "Department" means the Department of Commerce and Economic Opportunity.
(d) "Municipality" and "corporate authorities of the municipality"
shall have the respective meanings assigned to these terms in Section
1-1-2 of the Illinois Municipal Code. "Corporate authorities of the
county" shall refer to the
governing body of the county as specified in Section 5-1004 of
the Counties Code.
(Source: P.A. 94-793, eff. 5-19-06.)
(315 ILCS 10/4)
Sec. 4. (Repealed).
(Source: P.A. 81-1509. Repealed by P.A. 100-621, eff. 7-20-18.)
(315 ILCS 10/5) (from Ch. 67 1/2, par. 91.5)
Sec. 5. 
		Institution of eminent domain proceedings and vesting of title.
When the Governor has adopted the recommendation of the Board, he shall
thereupon execute a declaration taking the site on behalf of the State of
Illinois and estimating the compensation for the site. He shall then
request the Attorney General to institute eminent domain proceedings to
take the site, furnishing him with the declaration of taking and the sum
estimated as compensation for the site. It shall thereupon become the duty
of the Attorney General, within 60 days thereafter, to institute eminent
domain proceedings, file the declaration of taking, and deposit the
estimated compensation with the Clerk of the Court. Title to the site shall
thereupon vest in the State of Illinois.
(Source: Laws 1949, p. 994.)
(315 ILCS 10/5.5)
Sec. 5.5. 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.)
(315 ILCS 10/6) (from Ch. 67 1/2, par. 91.6)
Sec. 6. 
		Sale of land. 
		After title to the site is vested in the
State of Illinois, the State of Illinois, acting through the Governor
and the Secretary of State, shall sign, seal, and deliver a deed
conveying the site to the developer or his heirs, legatees, successors
or assigns, in consideration of the offer of the developer, provided
that:
(a) The plans of development have been approved by the corporate
authorities of the municipality in which the site is located, or by the
corporate authorities of the county where the site is located in an
unincorporated area.
(b) The developer has satisfied the Department that the completion
of development will be accomplished within a reasonable time after title
to the site has been acquired from the State of Illinois by depositing
bond with surety to be approved by the Department, or making a cash
deposit, in either case in such amount as shall be deemed adequate by
the Department.  Such bonds shall designate the People of the State of
Illinois as obligee thereunder and the developer as obligor thereon, and
shall be conditioned upon completion of development by the developer in
accordance with the plans of development, or such revisions therein as
may be approved by the Department, within a period to be specified by
the Department or any subsequent extension of this period by the
Department.
Such bond shall be in substantially the following form: "We, A.B., C.D., and
E.F., of the County of ....  and State of Illinois, as principals, and ....  as
surety, are obligated to the People of the State of Illinois in the penal sum
of $...., lawful money of the United States, for the payment of which we
and each of us obligate ourselves and our heirs, executors, administrators and
assigns jointly.
The condition of this bond is such that if the above stated A.B., C.D.,
and E.F., shall complete development of a site located
at .... in accordance with plans of development submitted to the
Department on (insert date), or in accordance
with such revisions of such plans of development as may hereafter be
approved by the Department, such completion
of development to be within a period of .... years, or any subsequent
extension of this period by the Department,
then this obligation is void; otherwise it remains in full force and
effect.
Dated (insert date).
Signature of A.B. ___________
Signature of C.D. ___________
Signature of E.F. ___________"
The bond shall be signed by the principals and sureties
and after approval by the Department shall be filed and recorded by the
Department.
(Source: P.A. 91-357, eff. 7-29-99.)
(315 ILCS 10/7) (from Ch. 67 1/2, par. 91.7)
Sec. 7. 
		
		Funds
derived from sale.
The purchase price for said land shall be deposited either in the
general fund or in such special fund as may be segregated for the
administration of this Act.
(Source: Laws 1949, p. 994.)