(315 ILCS 30/Pt. I heading)
(315 ILCS 30/9) (from Ch. 67 1/2, par. 91.109)
Sec. 9.
The Department of Urban Renewal, as agent of the municipality,
shall have and exercise the following powers with respect to redevelopment
projects:
(a) To acquire slum and blighted areas and other areas which may
constitute a redevelopment project as provided in this Act;
(b) To clear any such areas so acquired by demolition or removal of
existing buildings and structures thereon; and to install, repair,
construct or reconstruct streets, utilities and site improvements essential
to the preparation of sites for use in accordance with a redevelopment
plan;
(c) To convey real property so acquired for use in accordance with a
redevelopment plan;
(d) To accomplish a combination of the foregoing to carry out a
redevelopment plan.
In relation to the foregoing powers the Department may investigate into
living and housing conditions in its area of operation to determine the
extent and location of slum and blighted areas and other areas which may
constitute a redevelopment project as defined herein and to ascertain in
which of such area or areas development or redevelopment should be
undertaken, and in connection with any such investigation may conduct
public hearings, take testimony and proof under oath on the subject matter
of such investigation, and cooperate with the planning agency of the
municipality wholly or partially within its area of operation.
The Department shall have power to make studies, surveys and plans
preliminary to or concerning any projects which are permissible under this
Act.
The Department shall not be limited to one development or redevelopment
project, but may have as many projects in process at one time as it may
deem necessary to accomplish the purposes of this Act.
A Department shall have no power to build or operate housing on any real
property acquired under the provisions of Part I of this Act, other than to
manage, operate and maintain existing housing or other buildings and
improvements located thereon at the time of acquisition pending the
demolition and removal of such buildings or improvements or the sale of any
such buildings or improvements the demolition or removal of which is not
deemed necessary to the redevelopment plan, and to use the rents and income
to pay any expense in connection therewith.
(Source: Laws 1961, p. 3308.)
(315 ILCS 30/9a) (from Ch. 67 1/2, par. 91.109a)
Sec. 9a.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(315 ILCS 30/10) (from Ch. 67 1/2, par. 91.110)
Sec. 10.
In making investigations herein authorized the Department may hold
public hearings. Any hearing may be conducted by the Department or by a
committee appointed by it, consisting of one or more members of the
Department, or by an employee or agent specially authorized by the
Department to conduct it. The Department and any member, employee or agent
thereof so designated shall have power to administer oaths, take
affidavits, subpoena and require the attendance and testimony of witnesses
and the production of books and papers pertaining to such investigation.
(Source: Laws 1961, p. 3308.)
(315 ILCS 30/11) (from Ch. 67 1/2, par. 91.111)
Sec. 11.
Whenever the Department determines that a particular slum or
blighted area, or any other area which may constitute a redevelopment
project, as herein defined, should be acquired pursuant to the provisions
of this Act, such determination together with an accurate description of
the area included in such determination and the date on which the
determination was made shall be immediately set forth in the records of the
Department. Such determinations by the Department may be made from time to
time and need not all be made at one time. Each such determination shall be
evidenced by a resolution adopted by the Department.
The area of each such determination shall be specifically designated in
the resolution as a "Slum and Blighted Area Redevelopment Project" or a
"Blighted Vacant Area Redevelopment Project," according to the
determination of the Department. A certified copy of such resolution shall
be delivered to the governing body of the municipality in which the area is
situated. No such determination shall be of any force or effect until such
time as it has been approved by the governing body of the municipality in
which the area is situated.
(Source: Laws 1961, p. 3308.)
(315 ILCS 30/12) (from Ch. 67 1/2, par. 91.112)
Sec. 12. Upon approval of the determination as provided in the
preceding Section, the Department, as agent for the municipality, may
proceed to acquire by gift, purchase or condemnation the fee simple
title to all real property lying within the area included in the
redevelopment project, including easements and reversionary interests in
the streets, alleys and other public places lying within such area. If
any such real property is subject to an easement the Department, in its
discretion, may acquire the fee simple title to such real property
subject to such easement if it determines that such easement will not
interfere with the consummation of a redevelopment plan. If any such
real property is already devoted to a public use it may nevertheless be
acquired, provided that no property belonging to the United States of
America, the State of Illinois or any municipality may be acquired
without the consent of such governmental unit and that no property
devoted to a public use belonging to a corporation subject to the
jurisdiction of the Illinois Commerce Commission may be acquired without
the approval of the Illinois Commerce Commission. Each Department, as
agent for the municipality, is hereby vested with the power to exercise
the right of eminent domain. Condemnation proceedings instituted
hereunder shall be brought by and in the name of the municipality and
shall be in all respects in the manner provided for the exercise of
the right of eminent domain under the Eminent Domain Act.
Any determination to acquire a particular slum or blighted area, or
any other area which may constitute a redevelopment project, as herein
defined, heretofore made by a land clearance commission prior to the effective date of this amendatory Act of the 102nd General Assembly pursuant to the
Blighted Areas Redevelopment Act of 1947 (repealed) and heretofore approved by the State Housing Board and the
governing body of the municipality, shall be sufficient to authorize
acquisition by the Department, as agent for the municipality, of all or
any of the real property included in such area.
(Source: P.A. 102-510, eff. 8-20-21.)
(315 ILCS 30/12.5)
Sec. 12.5. 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 30/13) (from Ch. 67 1/2, par. 91.113)
Sec. 13.
When a Department, as agent for the municipality, has acquired
title to, and possession of, all or any part of the real property located
within a redevelopment project pursuant to the provisions of this Act, it
may let contracts for the demolition or removal of buildings standing
thereon and for the removal of any debris resulting therefrom. The
Department shall advertise for sealed bids for the doing of such work. The
advertisement shall describe by street number or other means of
identification the location of the buildings which are to be demolished or
removed and shall state the time when and place where sealed bids for the
doing of the work may be delivered to the Department. The advertisement
shall be published once in a newspaper having a general circulation in the
municipality in which the real property is located at least twenty (20)
days prior to the date named therein when time for receiving bids will
expire. A contract for the doing of the work shall be let to the lowest
responsible bidder, but the Department may reject any and all bids received
and re-advertise for bids. Any contract entered into by the Department
pursuant to this Section shall contain provisions requiring the contractor
to give bond in an amount equal to one-third of his bid price, but in no
event in excess of Twenty-five Thousand Dollars ($25,000.00), conditioned
for the faithful performance of the contract and requiring the contractor
to furnish insurance of a character and amount to be determined by the
Department protecting the Department and the municipality and their
members, officers, agents and employees against any claims for personal
injuries (including death) and property damage that may be asserted because
of the doing of the work. The Department may include in any advertisement
and in the contract to be let pursuant thereto one or more buildings, or
such group of buildings, as the Department in its sole discretion may
determine.
(Source: Laws 1961, p. 3308.)
(315 ILCS 30/14) (from Ch. 67 1/2, par. 91.114)
Sec. 14.
The Department, if its sees fit so to do, may pave and improve
streets in the area included in the redevelopment project, construct
sidewalks and install or re-locate sewers, water pipes, and other similar
facilities. The Department shall advertise for sealed bids for the doing of
the work referred to in this Section. The advertisement shall describe the
nature of the work to be performed and shall state the time when and place
where sealed bids for the doing of the work may be delivered to the
Department. The advertisement shall be published once in a newspaper having
a general circulation in the municipality in which the redevelopment
project is situated at least twenty (20) days prior to the date named
therein when the time for receiving bids will expire. A contract for the
doing of the work shall be let to the lowest responsible bidder, but the
Department may reject any and all bids received and readvertise for bids.
The contractor shall be required to enter into bond in an amount equal to
one-third of the amount of his bid conditioned for the faithful performance
of the contract. The sureties on any such bond and on any bond to be given
pursuant to the provisions of Section 13 hereof shall be approved by the
Chairman of the Department.
(Source: Laws 1961, p. 3308.)
(315 ILCS 30/15) (from Ch. 67 1/2, par. 91.115)
Sec. 15.
When the Department, as agent for the municipality, has acquired
title to, and possession of any or all real property in the area of a
redevelopment project, the Department (1) may convey to any public body
having jurisdiction over schools, parks or playgrounds in the area in which
the project is situated such parts of such real property for use for parks,
playgrounds, schools and other public purposes as the Department may
determine, and at such price or prices as the Department and the proper
officials of such public bodies may agree upon; and (2) may grant easements
for public utilities, sewers and other similar facilities, with or without
consideration therefor.
(Source: Laws 1961, p. 3308.)
(315 ILCS 30/16) (from Ch. 67 1/2, par. 91.116)
Sec. 16. The Department, with the approval of the Department of
Commerce and Economic Opportunity and the
governing body of the municipality in
which the redevelopment project is located, may sell and convey not to
exceed 15% of all the real property which is to be used for residential
purposes in the area or areas of a redevelopment project or projects to
a Housing Authority created under an Act entitled "An Act in relation to
housing authorities," approved March 19, 1934, as amended, having
jurisdiction within the area of the redevelopment project or projects,
to provide housing projects pursuant to said last mentioned Act;
provided the Department of Commerce and Economic Opportunity determines that it
is not practicable or feasible to otherwise relocate eligible persons
residing in the area of the redevelopment project or projects in decent,
safe and uncongested dwelling accommodations within their financial
reach, unless such a housing project is undertaken by the Housing
Authority, and provided further that first preference for occupancy in
any such housing project developed by the Housing Authority on such real
property shall be granted to eligible persons from the area included in
the redevelopment project or projects that cannot otherwise be
relocated in decent, safe and uncongested dwelling accommodations within
their financial reach.
Any real property sold and conveyed to a Housing Authority pursuant
to the provisions of this Section shall be sold at its use value (which
may be less than its acquisition cost), which represents the value at
which the Department determines such land should be made available in
order that it may be redeveloped for the purposes specified in this
Section.
(Source: P.A. 94-793, eff. 5-19-06.)
(315 ILCS 30/17) (from Ch. 67 1/2, par. 91.117)
Sec. 17. A Department, with the approval of the Department of
Commerce and Economic Opportunity and the
governing body of the municipality in which
the project is located, may sell and convey any part of the real
property within the area of a slum and blighted area redevelopment
project as defined in Subsection (j) of Section 3 hereof to a Housing
Authority created under an Act entitled "An Act in relation to housing
authorities," approved March 19, 1934, as amended, having jurisdiction
within the area of the redevelopment project or projects. Any real
property sold and conveyed to a Housing Authority pursuant to the
provisions of this Section shall be for the sole purpose of resale
pursuant to the terms and provisions of Section 5 of an Act entitled "An
Act to facilitate the development and construction of housing, to
provide governmental assistance therefor, and to repeal an Act herein
named," approved July 2, 1947, to a nonprofit corporation, or nonprofit
corporations, organized for the purpose of constructing, managing and
operating housing projects and the improvement of housing conditions,
including the sale or rental of housing units to persons in need
thereof. No sale shall be consummated pursuant to this Section unless
the nonprofit corporation to which the Housing Authority is to resell,
obligates itself to use the land for the purposes designated in the
approved plan referred to in Section 19 hereof and to commence and
complete the building of the improvements within the periods of time
which the Department fixes as reasonable and unless the Department is
satisfied that the nonprofit corporation will have sufficient moneys to
complete the redevelopment in accordance with the approved plan.
Any real property sold and conveyed to a Housing Authority pursuant
to the provisions of this Section shall be sold at its use value (which
may be less than its acquisition cost), which represents the value at
which the Department determines such land should be made available in
order that it may be developed or redeveloped for the purposes specified
in the approved plan.
(Source: P.A. 94-793, eff. 5-19-06.)
(315 ILCS 30/18) (from Ch. 67 1/2, par. 91.118)
Sec. 18.
The Department may at such times as it deems expedient transfer
and sell the fee simple title, or such lesser estate as the Department may
have acquired, or as may theretofore have been acquired by a land clearance
commission, to all or any part of the real property within the area of a
redevelopment project not disposed of in accordance with Sections 15, 16,
and 17 hereof to (1) Neighborhood Redevelopment Corporations operating
under the "Neighborhood Redevelopment Corporation Law," approved July 9,
1941, as amended, (2) Insurance Companies operating under Section 125a of
the "Illinois Insurance Code," approved June 29, 1937, as amended, (3)
any individual, association, or corporation, organized under the laws of
this State or of any other State or country, which may legally make such
investments in this State, including foreign and alien insurance companies,
as defined in Section 2 of said "Illinois Insurance Code", or (4) bodies
politic and corporate, public corporations, or any private interest
empowered by law to acquire, develop and use such real property for such
uses, public or private, as are in accordance with an approved plan;
provided, however, that any sale of real property to a housing authority
shall be made only in accordance with the provisions of Sections 16 and 17
hereof. To assure that the real property so sold is used in accordance with
the approved plan referred to in Section 19 hereof, the Department shall
inquire into and satisfy itself concerning the financial ability of the
purchaser to complete the redevelopment in accordance with the approved
plan and shall require the purchaser to execute in writing such
undertakings as the Department may deem necessary to obligate the
purchaser: (1) to use the land for the purposes designated in the approved
plan, (2) to commence and complete the building of the improvements within
the periods of time which the Department fixes as reasonable, and (3) to
comply with such other conditions as are necessary to carry out the
purposes of this Act. Any such area may be sold either as an entirety or in
such parcels as the Department shall deem expedient. It shall not be
necessary that title be acquired to all real property within the area of a
redevelopment project before the sale of a part thereof may be made as
provided herein. Any real property sold pursuant to the foregoing
provisions of this Section shall be sold at its use value (which may be
less than its acquisition cost), which represents the value at which the
Department determines such land should be made available in order that it
may be developed or redeveloped for the purposes specified in the approved
plan.
Any real property lying within the area of the redevelopment project
which has not been sold by the Department within five years after the
Department has acquired title to all the real property within the area of
that redevelopment project, shall be forthwith sold by the Department at
public sale for cash to the highest bidder obligating himself in the manner
set forth in the preceding paragraph of this Section to redevelop the
property in accordance with the approved plan. Notice of such sale and of
the place where the approved plan may be inspected shall be published once
in a newspaper having a general circulation in the municipality in which
the real property is situated at least twenty (20) days prior to the date
of such public sale, and shall contain a description of the real property
to be sold.
The Department may reject the bids received if, in the opinion of the
Department, the highest bid does not equal or exceed the use value (as
hereinabove defined) of the land to be sold. At the expiration of six (6)
months from the date of rejecting bids, the Department shall again
advertise for sale any real property then remaining unsold. Each
publication shall be subject to the same requirements and conditions as the
original publication.
(Source: P.A. 83-333.)
(315 ILCS 30/19) (from Ch. 67 1/2, par. 91.119)
Sec. 19.
Prior to making a sale or conveyance of any part of the real
property within the area of a redevelopment project pursuant to any of the
foregoing Sections of this Act, the Department shall prepare and approve a
plan for the development or redevelopment of the project area and shall
submit the same to the governing body of the municipality in which the real
property is situated for their approval. The Department shall not make a
sale or conveyance of any part of the real property in the project area
until such time as the plan has been approved by the governing body of the
municipality in which the real property is situated; provided, however,
that any plan for the development or redevelopment of a project area
heretofore prepared and approved by a land clearance commission prior to the effective date of this amendatory Act of the 102nd General Assembly pursuant to
the Blighted Areas Redevelopment Act of 1947 (repealed), and heretofore approved by the State Housing Board and the
governing body of the municipality shall be sufficient to authorize a sale
pursuant to this Section. At the time of making any such sale or conveyance,
the purchaser shall agree to reimburse any public utility as defined in the Public Utilities Act for
the costs of relocation of the facilities of such public utility made
necessary by the plan for the development or redevelopment of the project
area, except and excluding, however, any such costs to the extent incurred
for the relocation of such facilities located, prior to the development or
redevelopment, in a public way or public property which retains its
character as such thereafter.
(Source: P.A. 102-510, eff. 8-20-21.)