TWP OPEN SPACES-LEASE OR SALE
HB1367 amends the Illinois Township Code provisions governing township open space programs. The bill lowers the acreage threshold for the definition of “open land” from 50 acres to 12 acres and expands the definition of open space purposes to expressly include agricultural development and agricultural uses. It also clarifies when development is considered to have commenced and defines “farming or agricultural purposes” for purposes of the article.
The bill changes township authority over acquiring, leasing, and disposing of open space. It preserves and in some cases tightens limits on condemnation, including prohibiting condemnation of certain agricultural property, property within or adjacent to municipalities without required approvals, and property already under development, while also barring additional condemnation once township open-space holdings reach 30% of township acreage. It adds a new section requiring voter referendum approval before a township may sell, convey, donate, or otherwise dispose of open space, with a limited exception for conveyances to the Department of Transportation for road purposes after public notice, hearings, and a two-thirds board vote.
HB1367 also revises leasing rules. Townships may lease open space that is part of an open space program for up to 25 years to individuals, nonprofits, or governmental entities for uses consistent with open space purposes, including agricultural properties, and may lease buildings or facilities on open space to those same categories of lessees for up to 20 years. The bill states that these changes do not affect leases entered into before the effective date. It also provides that if a township dissolves, merges, consolidates, or changes boundaries, affected open space remains dedicated to open space use unless disposed of under the bill’s procedures or transferred to another qualifying public or nonprofit entity for open space purposes.
The overall sentiment appears generally favorable, as reflected in the bill’s passage in both chambers by comfortable margins. The House approved it 75-39 and the Senate approved it 42-14, suggesting majority support but not unanimity. No committee transcript is available, so the record does not show detailed debate or amendments beyond the enrolled text.
The main points of contention likely center on local control versus preservation: the bill gives townships more flexibility to lease open space for agricultural and related uses, but it also imposes stronger procedural safeguards before open space can be sold or otherwise disposed of. Potentially sensitive issues include the new referendum requirement, the exception for Department of Transportation road projects, the treatment of agricultural land, and the restrictions on condemnation of farmland and property near municipalities.
The bill amends multiple sections of the Township Code, primarily 60 ILCS 1/115-5, 115-55, 115-90, and 115-95, and adds new Section 115-97. It changes the legal definitions and operating rules for township open space programs, expands permitted agricultural uses, narrows condemnation authority, and creates a new voter-approval process for disposing of open space. It also updates lease authority for open space land and facilities and preserves existing leases entered before the act’s effective date.
The bill appears to have broad but not unanimous support. It passed the House 75-39 and the Senate 42-14, indicating that most legislators supported the measure while a substantial minority opposed it. With no committee transcripts available, the record does not reveal detailed floor arguments, but the vote totals suggest the bill was viewed as a significant but acceptable adjustment to township open-space powers.
The likely areas of disagreement are the bill’s balance between conservation and development flexibility. Supporters likely favored clearer rules for leasing open space, explicit authorization for agricultural uses, and stronger protections against the sale or conversion of preserved land. Opponents may have objected to the added referendum requirement, the limits on condemnation, or the exception allowing conveyance to the Department of Transportation for road projects. The treatment of farmland and the reduced acreage threshold for open land may also have been contentious because they broaden the scope of land subject to township open-space rules.