2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 1205/ - Park District Code. › Article 10 - Powers (Continued) Sales and Conveyance Of Real Estate

(70 ILCS 1205/Art. 10 heading)
ARTICLE TEN.  
		POWERS (CONTINUED) SALES AND CONVEYANCE OF REAL ESTATE
(70 ILCS 1205/10-1) (from Ch. 105, par. 10-1)
Sec. 10-1. 
		
		
		Every park district shall retain and be vested with all power and
authority contained in "An Act to authorize the commissioners of park
districts to convey property to and lease property from the Federal
Government", approved November 21, 1933, as amended.
(Source: P.A. 77-554.)
(70 ILCS 1205/10-3) (from Ch. 105, par. 10-3)
Sec. 10-3. 
		
		Every park district shall retain and be vested with all power
and authority contained in an act entitled "An Act to enable the board of
park commissioners of certain park districts to convey certain lands for
park and other purposes," approved June 25, 1917.
Nothing contained in this code shall be deemed to limit the rights and
powers conferred upon park districts to make and receive conveyances of
real estate under "An Act concerning the powers of certain municipal
corporations with respect to real estate," approved July 2, 1925, and the
power and procedure therein prescribed is hereby specifically reserved to
all park districts.
(Source: Laws 1951, p. 113.)
(70 ILCS 1205/10-4) (from Ch. 105, par. 10-4)
Sec. 10-4. 
Any park district shall have the power to acquire by gift, grant
or purchase, real estate and lands for use as a site for an armory and to
convey, sell, donate, lease or rent real estate or lands so acquired and
any real estate or lands now owned by such park district to the State of
Illinois or to any proper agency thereof for use as a site for an armory,
but the park district shall have no power to divert any gift, grant or
legacy from the specific purpose designated by the donor.
Such district shall have power to acquire by lease or permit the right
to occupy and use real estate, land and riparian estates for park and
playground purposes and to improve, maintain and equip the same as a park
or playground, and to place permanent buildings and structures thereon.
Such district may by ordinance lease, for any period not exceeding
99 years, any tract or parcel of land of the park district to any
organization incorporated under the laws of this State as a corporation not
for pecuniary profit, as a site for a memorial to the military and naval
forces of this State and of the United States, provided that such organization shall be responsible for the maintenance of the memorial.
(Source: P.A. 98-312, eff. 8-12-13.)
(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 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.)
(70 ILCS 1205/10-7a) (from Ch. 105, par. 10-7a)
Sec. 10-7a. 
		
		When any park district owns and holds such real estate, and
desires to sell the same under provisions of Section 10-7 hereof or to
transfer
real estate subject to subsection (f) of Section 10-7, the
board shall, by four-fifths vote, adopt a resolution describing such
property and in and by said resolution find and declare that said property
is no longer needed or useful for park purposes and that it intends to sell
or transfer the same. After said resolution has been adopted the same shall
be
published not less than 3 times (the first and last publication
being
not less than 10 days apart) in a newspaper published and of general
circulation within the park district, if there be such a paper. If there be
no such newspaper, then publication shall be in some newspaper of general
circulation in such district, if any, or if none, then such resolution
shall be posted in not less than 3 public places in said park
district
and said resolution shall not become effective until 10 days after
said
publication or posting.
(Source: P.A. 91-918, eff. 7-7-00.)
(70 ILCS 1205/10-7b) (from Ch. 105, par. 10-7b)
Sec. 10-7b. 
		
		Such property, subject to the provisions of Section 10-7a, shall
not
be sold or transferred unless the sale or transfer thereof is approved
by a
majority of the voters
of said park district voting on the question at a regular election.
(Source: P.A. 91-918, eff. 7-7-00.)
(70 ILCS 1205/10-7c) (from Ch. 105, par. 10-7c)
Sec. 10-7c. 
		
		Upon the completion of the publication required by Section 10-7a
the board shall either abandon said sale or transfer or certify the question to
the proper election officials, who shall submit the question of selling or
transferring said property to the voters of said park district at a regular
election in accordance to the general election law. The proposition shall be in
substantially the following form:
--------------------------------------------------------------
Shall the.... park district
(sell or transfer) the                   YES
following real estate....          ---------------------------
(here describe land proposed             NO
to be sold or transferred)?
--------------------------------------------------------------
Notice of such referendum shall be given and said referendum shall be
conducted in the manner provided by the general election law, but such notice
shall describe the property to be sold.
If a majority of the electors voting on the question vote in the
affirmative, the park district may thereafter sell or transfer the real
estate.
(Source: P.A. 91-918, eff. 7-7-00.)
(70 ILCS 1205/10-7d) (from Ch. 105, par. 10-7d)
Sec. 10-7d. 
		
		If a majority of the voters in any park district voting on the
question at a referendum held for that purpose votes in favor
of selling such property under Sections 10-7 to 10-7d hereof,
inclusive, the governing board shall, proceed to sell such property at
public auction after first giving two weeks' notice of the time and
place and terms of said sale by notice published two successive weeks,
once each week, the first publication to be not less than fifteen days
prior to the date fixed for said sale, in a newspaper published and of
general circulation in said district, if there be such a newspaper.  If
there be no such newspaper, then such publication may be had in a
newspaper of general circulation in the district, if any, or if none,
then by posting in not less than ten public places in such district.
Said board shall sell said property to the highest responsible bidder at
said auction and notice of sale shall be in substantially the following
form:
NOTICE OF SALE
Notice is hereby given that on (insert date), the .... Park District will sell at public sale at .... at the hour
of .... o'clock ...M. the following described property:
(Here describe property)
The terms of the sale shall be as follows:
(Here insert terms upon which property shall be sold).  By order of
the Board of .... Park District.
.... (President of .... Park District)
Prior to directing notice for sale the board shall adopt a resolution
fixing the time for the sale, specifying the terms of the sale which
shall not be less than one-third of the purchase price in cash and the
balance in 2 equal payments due not more than 6 months and 12 months
from date of sale.
In the event no bids are received at such sale, said property may,
without another referendum on such question, again be advertised for
sale at any time within 12 months from date of the first sale, in the
manner hereinabove provided.  The Board may reserve the right to reject
any or all bids and advertise for resale.  In the event said property is
not sold within 12 months from date of the first public sale, said
property shall not be sold until a new resolution is adopted with new
opportunity for referendum on such question by the voters.
Any deed, subject to the provisions of Sections 10-7a to this Section
10-7d, inclusive, shall be executed by the president and secretary of
the district and shall be deposited in escrow with the treasurer of said
district, and shall not be released to the purchaser of said property or
recorded until the purchase price therefor has been deposited in full
with said treasurer.  Any proceeds derived from the sale of such property
shall become a part of the general corporate funds of said district.
(Source: P.A. 91-357, eff. 7-29-99.)