Bill Text: IL HB3864 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Repeals the Blighted Areas Redevelopment Act of 1947. Makes conforming changes to the Illinois Municipal Code, the Housing Authorities Act, the Housing Development and Construction Act, the Urban Community Conservation Act, the Redevelopment Project Rehousing and Capital Improvements Act, the Neighborhood Redevelopment Corporation Law, the Urban Community Conservation Act, the Urban Renewal Consolidation Act of 1961, and the Eminent Domain Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0510 [HB3864 Detail]

Download: Illinois-2021-HB3864-Chaptered.html

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Public Act 102-0510
HB3864 Enrolled LRB102 15830 KTG 21199 b
AN ACT concerning urban problems.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Findings.
(1) The General Assembly finds that in the 20th Century
African-American communities in Illinois were substantially
economically disadvantaged due to the policy of "redlining",
whereby mortgage opportunities were denied to
African-Americans or provided at greater than average interest
rates.
(2) The General Assembly finds that through these
policies, the African-American population of Illinois became
concentrated in certain neighborhoods in Illinois cities. Due
to the lack of access to capital, many of the renters in these
neighborhoods were at the mercy of unscrupulous landlords, who
failed to provide the proper maintenance and improvements to
their properties. African-American homeowners in these
neighborhoods often lacked the funds for proper upkeep. As a
result, these neighborhoods began to become rundown and
dilapidated. Soon thereafter these neighborhoods were deemed
"blighted". Policymakers began to look for solutions to the
problem of "blighted areas".
(3) The Blighted Areas Redevelopment Act of 1947 was
enacted in an attempt to address the blighted areas problem.

However, the General Assembly finds that the ultimate effect
of this Act was to codify discriminatory housing practices by
declaring large swaths of African-American neighborhoods
blighted areas. This resulted in these areas being condemned
and demolished and the residents being forced to move without
affordable housing readily available. The ultimate result was
that the condemned areas were not redeveloped with affordable
housing, but rather converted to mixed industrial or highway
use, effectively serving as a "moat" between African-American
neighborhoods and the rest of the city.
(4) The General Assembly finds that the stain of the
discriminatory effects of the Blighted Areas Redevelopment Act
of 1947 cannot be erased. However, the effects can be
recognized and with the repeal of the Act, the path toward
healing can begin.
Section 5. The Illinois Municipal Code is amended by
changing Section 1-1-10 as follows:
(65 ILCS 5/1-1-10) (from Ch. 24, par. 1-1-10)
Sec. 1-1-10. It is the policy of this State that all powers
granted, either expressly or by necessary implication, by this
Code, by Illinois statute, or by the Illinois Constitution to
municipalities may be exercised by those municipalities, and
the officers, employees, and agents of each, notwithstanding
effects on competition.

It is further the policy of this State that home rule
home-rule municipalities and , the officers, employees, and
agents of each may (1) exercise any power and perform any
function pertaining to their government and affairs or (2)
exercise those powers within traditional areas of municipal
activity, except as limited by the Illinois Constitution or a
proper limiting statute, notwithstanding effects on
competition.
It is the intention of the General Assembly that the
"State action exemption" to the application of federal
antitrust statutes be fully available to all municipalities,
and the agents, officers, and employees of each to the extent
they are exercising authority as aforesaid, including, but not
limited to, the provisions of Sections 6, 7, and 10 of Article
VII of the Illinois Constitution or the provisions of the
following Illinois statutes, as each is now in existence or
may hereinafter be amended:
(a) The Illinois Local Library Act; Article 27 of the
Property Tax Code "An Act to provide the manner of levying or
imposing taxes for the provision of special services to areas
within the boundaries of home rule units and non-home rule
municipalities and counties", approved September 21, 1973, as
amended; the Housing Development and Construction Act "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, as amended; or the

Housing Authorities Act, the Housing Cooperation Law, the
Blighted Areas Redevelopment Act of 1947, the Blighted Vacant
Areas Development Act of 1949, the Urban Community
Conservation Act, the Illinois Enterprise Zone Act, or any
other power exercised pursuant to the Intergovernmental
Cooperation Act; or
(b) Divisions 1, 2, 3, 4, 5, and 6 of Article 7 of the
Illinois Municipal Code; Divisions 9, 10, and 11 of Article 8
of the Illinois Municipal Code; Divisions 1, 2, 3, 4, and 5 of
Article 9 of the Illinois Municipal Code; and all of Divisions
of Articles 10 and 11 of the Illinois Municipal Code; or
(c) Any other Illinois statute or constitutional provision
now existing or which may be enacted in the future, by which
any municipality may exercise authority.
The "State action exemption" for which provision is made
by this Section shall be liberally construed in favor of such
municipalities and the agents, employees, and officers
thereof, and such exemption shall be available notwithstanding
that the action of the municipality or its agents, officers,
or employees constitutes an irregular exercise of
constitutional or statutory powers. However, this exemption
shall not apply where the action alleged to be in violation of
antitrust law exceeds either (1) powers granted, either
expressly or by necessary implication, by Illinois statute or
the Illinois Constitution or (2) powers granted to a home rule
municipality to perform any function pertaining to its

government and affairs or to act within traditional areas of
municipal activity, except as limited by the Illinois
Constitution or a proper limiting statute.
Notwithstanding the foregoing, where it is alleged that a
violation of the antitrust laws has occurred, the relief
available to the plaintiffs shall be limited to an injunction
which enjoins the alleged activity.
Nothing in this Section is intended to prohibit or limit
any cause of action other than under an antitrust theory.
(Source: P.A. 84-1050; revised 8-7-19.)
Section 10. The Housing Authorities Act is amended by
changing Sections 9 and 17 and by adding Section 8.24 as
follows:
(310 ILCS 10/8.24 new)
Sec. 8.24. Land clearance commissions. Any Land Clearance
Commission created prior to the effective date of this
amendatory Act of the 102nd General Assembly in accordance
with the Blighted Areas Redevelopment Act of 1947 (repealed)
shall be deemed lawful and valid except as provided under the
Urban Renewal Consolidation Act of 1961. Nothing herein
contained shall affect or impair the validity of any act or
proceeding done or performed by such Land Clearance Commission
under the Blighted Areas Redevelopment Act of 1947 prior to
the effective date of this amendatory Act of the 102nd General

Assembly.
(310 ILCS 10/9) (from Ch. 67 1/2, par. 9)
Sec. 9. Whenever it shall be deemed necessary by an
Authority in connection with the exercise of its powers herein
conferred to take or acquire the fee of any real property in
the area of operation or any interest therein or right with
respect thereto, such Authority may acquire the same directly
or through its agent or agents from the owner or owners thereof
or may acquire the same by the exercise of eminent domain in
the manner provided by the Eminent Domain Act.
If any of such property is devoted to a public use it may
nevertheless be acquired, provided that no property belonging
to a government may be acquired without its consent and that no
property belonging to a corporation subject to the
jurisdiction of the Illinois Commerce Commission may be
acquired without the approval of the Illinois Commerce
Commission.
The power of eminent domain shall apply not only to
improved or unimproved property which may be acquired for or
as an incident to the development or operation of a project or
projects, but also to: (a) any improved or unimproved property
the acquisition of which is necessary or appropriate for the
rehabilitation or redevelopment of any blighted or slum area,
or (b) any improved or unimproved property which the Authority
may require to carry out the provisions of this Act. Such power

may be exercised by the Housing Authority on its own
initiative or as an agent of the city, village, incorporated
town, county or counties, or any government, or for the
purpose of sale or lease to: (a) a housing corporation
operating under "An Act in relation to housing", approved July
12, 1933, as amended; (b) neighborhood redevelopment
corporations operating under the "Neighborhood Redevelopment
Corporation Law", approved July 9, 1941, as amended; (c)
insurance companies operating under Section 125a of the
"Illinois Insurance Code", approved June 29, 1937, as amended;
(d) non-profit corporations organized for the purpose of
constructing, managing and operating housing projects and for
the improvement of housing conditions, including the rental or
sale of housing units to persons in need thereof; or to any
other individual, association or corporation desiring to
engage in a development or redevelopment project. No sale or
lease shall be made hereunder to any of the aforesaid
corporations, associations or individuals unless a plan has
been approved by the Authority and the Department for the
development or redevelopment of such property and unless the
purchaser or lessee furnishes the Authority a bond, with
satisfactory sureties, in an amount not less than 10% of the
cost of such development or redevelopment, conditioned on the
completion of such development or redevelopment in accordance
with the approved plan; provided that the requirement of the
bond may be waived by the Department if it is satisfied of the

financial ability of the purchaser or lessee to complete such
development or redevelopment in accordance with the approved
plan. To further assure that the real property so sold or
leased shall be used in accordance with the plan, the
Department may require the purchaser or lessee to execute in
writing such undertakings as the Department deems necessary to
obligate such purchaser or lessee (1) to use the property for
the purposes presented in plans; (2) to commence and complete
the building of the improvements designated in the plan within
the periods of time that the Department fixes as reasonable;
and (3) to comply with such other conditions as are necessary
to carry out the purpose of this Act. Any such property may be
sold pursuant to this section for any legal consideration in
an amount to be approved by the Department.
If the area of operation of a housing authority includes a
city, village or incorporated town having a population in
excess of 500,000 as determined by the last preceding Federal
census, no real property or interest in real property shall be
acquired in such municipality by the housing authority until
such time as the housing authority has advised the governing
body of such municipality of the description of the real
property, or interest therein, proposed to be acquired, and
the governing body of the municipality has approved the
acquisition thereof by the housing authority.
A "blighted or slum area" means any area of not less, in
the aggregate, than one acre, excepting that in any

municipality having a population in excess of 500,000, as
determined by the last preceding Federal census, a "blighted
or slum area" means any area of not less in the aggregate of2
acres which area, in either case, has been designated by
municipal ordinance or by the Authority as an integrated
project for rehabilitation, development or redevelopment,
where (a) buildings or improvements, by reason of
dilapidation, obsolescence, overcrowding, faulty arrangement
or design, lack of ventilation, light or sanitary facilities,
excessive land coverage, deleterious land use or layout or any
combination of these factors, are a detriment to public
safety, health or morals, or welfare, or (b) there exists
platted land which is predominantly open and which, because of
obsolete platting, diversity of ownership, deterioration of
structures or of site improvements, or otherwise substantially
impairs or arrests the sound growth of the community and which
is to be developed for predominantly residential uses, or (c)
there exists open unplatted land necessary for sound community
growth which is to be developed for predominantly residential
uses, or (d) parcels of land remain undeveloped because of
improper platting, delinquent taxes or special assessments,
scattered or uncertain ownerships, clouds on title, artificial
values due to excessive utility costs, or any other impediment
to the use of such area for predominantly residential uses;
provided, that if in any city, village or incorporated town
there exists a land clearance commission, created under the

"Blighted Areas Redevelopment Act of 1947 (repealed) prior to
the effective date of this amendatory Act of the 102nd General
Assembly ", having the same area of operation as a housing
authority created in and for any such municipality, such
housing authority shall have no power to acquire land of the
character described in sub-paragraphs (b), (c) or (d) of the
definition of "blighted or slum area", in this paragraph for
the purpose of development or redevelopment by private
enterprise.
The Housing Authority shall have power to hold or use any
such property for uses authorized by this Act, or to sell,
lease or exchange such property as is not required for such
uses by the Authority. In case of sale or lease to other than a
public corporation or public agency, notice shall be given and
bids shall be received in the manner provided by Section
11-76-2 of the Illinois Municipal Code, as amended, and bids
may be accepted by vote of three of the five Commissioners of
the Authority; provided, however, that such requirement of
notice and bidding shall not apply to a sale or lease to any
individual, association or corporation described in the
preceding paragraph; nor to a sale or lease of an individual
dwelling unit in a project, to be used by the purchaser as a
dwelling for his family; nor to a sale or lease of a project or
part thereof to an association to be so used by its members. In
case of exchange of property for property privately owned,
three disinterested appraisers shall be appointed to appraise

the value of the property to be exchanged, and such exchange
shall not be made unless the property to be received by the
Authority is equal or greater in value than the property to be
exchanged therefor, or if less than such value, that the
difference shall be paid in money.
(Source: P.A. 94-1055, eff. 1-1-07.)
(310 ILCS 10/17) (from Ch. 67 1/2, par. 17)
Sec. 17. 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) "Authority" or "housing authority" shall mean a
municipal corporation organized in accordance with the
provisions of this Act for the purposes, with the powers and
subject to the restrictions herein set forth.
(b) "Area" or "area of operation" shall mean: (1) in the
case of an authority which is created hereunder for a city,
village, or incorporated town, the area within the territorial
boundaries of said city, village, or incorporated town, and so
long as no county housing authority has jurisdiction therein,
the area within three miles from such territorial boundaries,
except any part of such area located within the territorial
boundaries of any other city, village, or incorporated town;
and (2) in the case of a county shall include all of the county
except the area of any city, village or incorporated town

located therein in which there is an Authority. When an
authority is created for a county subsequent to the creation
of an authority for a city, village or incorporated town
within the same county, the area of operation of the authority
for such city, village or incorporated town shall thereafter
be limited to the territory of such city, village or
incorporated town, but the authority for such city, village or
incorporated town may continue to operate any project
developed in whole or in part in an area previously a part of
its area of operation, or may contract with the county housing
authority with respect to the sale, lease, development or
administration of such project. When an authority is created
for a city, village or incorporated town subsequent to the
creation of a county housing authority which previously
included such city, village or incorporated town within its
area of operation, such county housing authority shall have no
power to create any additional project within the city,
village or incorporated town, but any existing project in the
city, village or incorporated town currently owned and
operated by the county housing authority shall remain in the
ownership, operation, custody and control of the county
housing authority.
(c) "Presiding officer" shall mean the presiding officer
of the board of a county, or the mayor or president of a city,
village or incorporated town, as the case may be, for which an
Authority is created hereunder.

(d) "Commissioner" shall mean one of the members of an
Authority appointed in accordance with the provisions of this
Act.
(e) "Government" shall include the State and Federal
governments and the governments of any subdivisions, agency or
instrumentality, corporate or otherwise, of either of them.
(f) "Department" shall mean the Department of Commerce and
Economic Opportunity.
(g) "Project" shall include all lands, buildings, and
improvements, acquired, owned, leased, managed or operated by
a housing authority, and all buildings and improvements
constructed, reconstructed or repaired by a housing authority,
designed to provide housing accommodations and facilities
appurtenant thereto (including community facilities and
stores) which are planned as a unit, whether or not acquired or
constructed at one time even though all or a portion of the
buildings are not contiguous or adjacent to one another; and
the planning of buildings and improvements, the acquisition of
property, the demolition of existing structures, the clearing
of land, the construction, reconstruction, and repair of
buildings or improvements and all other work in connection
therewith. As provided in Sections 8.14 to 8.18, inclusive,
"project" also means, for Housing Authorities for
municipalities of less than 500,000 population and for
counties, the conservation of urban areas in accordance with
an approved conservation plan. "Project" shall also include

(1) acquisition of (i) a slum or blighted area or a
deteriorated or deteriorating area which is predominantly
residential in character, or (ii) any other deteriorated or
deteriorating area which is to be developed or redeveloped for
predominantly residential uses, or (iii) platted urban or
suburban land which is predominantly open and which because of
obsolete platting, diversity of ownership, deterioration of
structures or of site improvements, or otherwise substantially
impairs or arrests the sound growth of the community and which
is to be developed for predominantly residential uses, or (iv)
open unplatted urban or suburban land necessary for sound
community growth which is to be developed for predominantly
residential uses, or (v) any other area where parcels of land
remain undeveloped because of improper platting, delinquent
taxes or special assessments, scattered or uncertain
ownerships, clouds on title, artificial values due to
excessive utility costs, or any other impediments to the use
of such area for predominantly residential uses; (2)
installation, construction, or reconstruction of streets,
utilities, and other site improvements essential to the
preparation of sites for uses in accordance with the
development or redevelopment plan; and (3) making the land
available for development or redevelopment by private
enterprise or public agencies (including sale, initial
leasing, or retention by the local public agency itself). If
in any city, village or incorporated town there exists a land

clearance commission created under the "Blighted Areas
Redevelopment Act of 1947 (repealed) prior to the effective
date of this amendatory Act of the 102nd General Assembly "
having the same area of operation as a housing authority
created in and for any such municipality such housing
authority shall have no power to acquire land of the character
described in subparagraph (iii), (iv) or (v) of paragraph 1 of
the definition of "project" for the purpose of development or
redevelopment by private enterprise.
(h) "Community facilities" shall include lands, buildings,
and equipment for recreation or social assembly, for
education, health or welfare activities and other necessary
utilities primarily for use and benefit of the occupants of
housing accommodations to be constructed, reconstructed,
repaired or operated hereunder.
(i) "Real property" shall include lands, lands under
water, structures, and any and all easements, franchises and
incorporeal hereditaments and estates, and rights, legal and
equitable, including terms for years and liens by way of
judgment, mortgage or otherwise.
(j) The term "governing body" shall include the city
council of any city, the president and board of trustees of any
village or incorporated town, the council of any city or
village, and the county board of any county.
(k) The phrase "individual, association, corporation or
organization" shall include any individual, private

corporation, limited or general partnership, limited liability
company, insurance company, housing corporation, neighborhood
redevelopment corporation, non-profit corporation,
incorporated or unincorporated group or association,
educational institution, hospital, or charitable organization,
and any mutual ownership or cooperative organization.
(l) "Conservation area", for the purpose of the exercise
of the powers granted in Sections 8.14 to 8.18, inclusive, for
housing authorities for municipalities of less than 500,000
population and for counties, means an area of not less than 2
acres in which the structures in 50% or more of the area are
residential having an average age of 35 years or more. Such an
area is not yet a slum or blighted area as defined in the
Blighted Areas Redevelopment Act of 1947, but such an area by
reason of dilapidation, obsolescence, deterioration or illegal
use of individual structures, overcrowding of structures and
community facilities, conversion of residential units into
non-residential use, deleterious land use or layout, decline
of physical maintenance, lack of community planning, or any
combination of these factors may become a slum and blighted
area.
(m) "Conservation plan" means the comprehensive program
for the physical development and replanning of a "Conservation
Area" as defined in paragraph (l) embodying the steps required
to prevent such Conservation Area from becoming a slum and
blighted area.

(n) "Fair use value" means the fair cash market value of
real property when employed for the use contemplated by a
"Conservation Plan" in municipalities of less than 500,000
population and in counties.
(o) "Community facilities" means, in relation to a
"Conservation Plan", those physical plants which implement,
support and facilitate the activities, services and interests
of education, recreation, shopping, health, welfare, religion
and general culture.
(p) "Loan agreement" means any agreement pursuant to which
an Authority agrees to loan the proceeds of its revenue bonds
issued with respect to a multifamily rental housing project or
other funds of the Authority to any person upon terms
providing for loan repayment installments at least sufficient
to pay when due all principal of, premium, if any, and interest
on the revenue bonds of the Authority issued with respect to
the multifamily rental housing project, and providing for
maintenance, insurance, and other matters as may be deemed
desirable by the Authority.
(q) "Multifamily rental housing" means any rental project
designed for mixed-income or low-income occupancy.
(Source: P.A. 94-793, eff. 5-19-06; 95-887, eff. 8-22-08.)
Section 15. The Housing Development and Construction Act
is amended by changing Sections 2, 3b, 4, and 10 and by adding
Section 10a as follows:

(310 ILCS 20/2) (from Ch. 67 1/2, par. 54)
Sec. 2. Any housing authority now or hereafter organized
under the "Housing Authorities Act," approved March 19, 1934,
as amended, and any Land Clearance Commission heretofore
organized under the Act herein repealed or organized prior to
the effective date of this amendatory Act of the 102nd General
Assembly hereafter organized under the provisions of the
"Blighted Areas Redevelopment Act of 1947 (repealed) , "
enacted by the 65th General Assembly, may make application to
the Department of Commerce and Economic Opportunity for a
grant of state funds from the appropriation designated for the
making of grants under this Act. No such housing authority or
Land Clearance Commission shall apply for a sum larger than
the proportion of the population of its area of operation to
the population of the State, and where an authority and Land
Clearance Commission have been created by the governing body
of the same municipality, an amount not in excess of one-half
(1/2) of the maximum grant allocable for such municipality on
the foregoing basis of proportion of population may be
allocated to the housing authority and an amount not in excess
of one-half (1/2) of the maximum grant so allocable for such
municipality may be allocated to the Land Clearance
Commission.
The foregoing provisions of this Section in respect to
maximum allocable grants to housing authorities and land

clearance commissions from funds appropriated by the 66th or
any succeeding General Assembly, and applications therefor,
shall be subject to the provisions of Section 3a of this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
(310 ILCS 20/3b) (from Ch. 67 1/2, par. 55b)
Sec. 3b. In any municipality or county for which a Land
Clearance Commission has been established, and for which no
Housing Authority has been established, the Land Clearance
Commission, if a recipient of state grants under this Act,
may, subject to the approval of the Department of Commerce and
Economic Opportunity, exercise the powers vested in Housing
Authorities under the provisions of this Act and the "Housing
Authorities Act," approved March 19, 1934, as amended, and
apply state grant funds allocated under this Act to any such
purpose. For the purpose of any project so undertaken, the
Land Clearance Commission shall be subject to all laws and
regulations applicable to Housing Authorities. In If a Housing
Authority is established for any such municipality or county,
the Land Clearance Commission shall thereafter exercise only
those powers designated in the "Blighted Areas Redevelopment
Act of 1947," approved July 2, 1947, as amended, and, in
respect to pending, uncompleted or existing projects
undertaken as a Housing Authority, the Land Clearance
Commission, subject to the approval of the Department of
Commerce and Economic Opportunity, may either complete or

continue such project, or transfer full and complete power
thereover to the Housing Authority.
(Source: P.A. 94-793, eff. 5-19-06.)
(310 ILCS 20/4) (from Ch. 67 1/2, par. 56)
Sec. 4. Grants paid to Land Clearance Commissions pursuant
to this Act shall be deposited in a separate fund and, except
as otherwise authorized by Section 3b, be applied only to the
uses authorized by the "Blighted Areas Redevelopment Act of
1947," approved July 2, 1947, as amended. If any such Land
Clearance Commission has received state or municipal grants
under the "Blighted Areas Redevelopment Act of 1947 (repealed)
prior to the effective date of this amendatory Act of the 102nd
General Assembly," the sum paid under this Act shall be
deposited in the separate fund into which such other grants
were placed for use in connection with any redevelopment
project or projects undertaken by such commission. No grant to
a Land Clearance Commission hereunder shall be conditioned
upon the matching thereof by the municipality in which the
redevelopment project is located.
(Source: Laws 1963, p. 1493.)
(310 ILCS 20/10) (from Ch. 67 1/2, par. 62)
Sec. 10. "An Act to promote the improvement of housing",
approved July 26, 1945, is repealed. The repeal of said Act
shall not affect the validity of the organization, acts,

contracts, proceedings, conveyances and transactions of
housing authorities and land clearance commissions done or
performed thereunder prior to the effective date of this Act,
and all such acts, contracts, proceedings, conveyances and
transactions, done or performed thereunder, and the
organization of such authorities and land clearance
commissions are ratified, affirmed and declared valid and
legal in all respects. Grants paid to such housing authorities
and land clearance commissions under the act herein repealed
may be used by such authorities and commissions for the
purposes for which such grants were made, and all or any
portion thereof which remains unexpended and unobligated may,
in addition, be used in the manner authorized by Section 22 of
the "Blighted Areas Redevelopment Act of 1947", enacted by the
65th General Assembly, or, with the approval of the Department
of Commerce and Community Affairs (now Department of Commerce
and Economic Opportunity) for any purpose or purposes
authorized by this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
(310 ILCS 20/10a new)
Sec. 10a. Blighted Areas Redevelopment Act of 1947;
repeal. The repeal of the Blighted Areas Redevelopment Act of
1947 does not affect the validity of the organization, acts,
contracts, proceedings, conveyances, and transactions of
housing authorities and land clearance commissions done or

performed thereunder prior to the effective date of this
amendatory Act of the 102nd General Assembly and all such
acts, contracts, proceedings, conveyances, and transactions,
done or performed thereunder, and the organization of such
authorities and land clearance commissions are ratified,
affirmed, and declared valid and legal in all respects. Grants
paid to such housing authorities and land clearance
commissions under the Act herein repealed may be used by such
authorities and commissions for the purposes for which such
grants were made, and all or any portion thereof which remains
unexpended and unobligated may, in addition, be used with the
approval of the Department of Commerce and Economic
Opportunity for any purpose or purposes authorized by this
Act.
Section 20. The Redevelopment Project Rehousing and
Capital Improvements Act is amended by changing Section 1 as
follows:
(310 ILCS 30/1) (from Ch. 67 1/2, par. 92)
Sec. 1. The State shall contribute to the rehousing of
persons of low income residing in the areas of redevelopment
projects undertaken pursuant to the "Blighted Areas
Redevelopment Act of 1947", herein called "redevelopment
projects", in the manner provided by this Act.
(Source: Laws 1947, p. 1089.)

Section 25. The Neighborhood Redevelopment Corporation Law
is amended by changing Section 3-12 as follows:
(315 ILCS 20/3-12) (from Ch. 67 1/2, par. 253-12)
Sec. 3-12. "Conservation Area" shall mean an area in which
the structures in fifty per cent or more of the area are
residential having an average age of thirty-five years or
more. Such an area is not yet a Slum or Blighted Area as
defined in the Blighted Areas Redevelopment Act of 1947, but
such area by reason of dilapidation, obsolescence, or
deterioration, or illegal use of individual structures,
overcrowding of structures and community facilities,
conversion of residential units into non-residential use,
deleterious land use or layout or any combination of these
factors may become such a Slum and Blighted Area.
(Source: Laws 1953, p. 1138.)
Section 30. The Urban Community Conservation Act is
amended by changing Section 3 as follows:
(315 ILCS 25/3) (from Ch. 67 1/2, par. 91.10)
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) "Municipality" shall mean a city, village or
incorporated town.
(b) "Governing body" shall mean the council or the
President and board of Trustees of any city, village or
incorporated town, as the case may be.
(c) "Presiding officer" shall mean the Mayor or President
of a city, village or incorporated town.
(d) "Conservation Area" in municipalities with a
population of over 500,000 shall mean an area of not less than
40 acres, and in other municipalities shall mean an area of not
less than 2 acres in which the structures in 50% or more of the
area are residential having an average age of 35 years or more.
Such an area is not yet a slum or blighted area as defined in
the Blighted Areas Redevelopment Act of 1947, but such an area
by reason of dilapidation, obsolescence, deterioration or
illegal use of individual structures, overcrowding of
structures and community facilities, conversion of residential
units into non-residential use, deleterious land use or
layout, decline of physical maintenance, lack of community
planning, or any combination of these factors may become such
a slum and blighted area.
(e) "Conservation Plan" shall mean the comprehensive
program for the physical development and replanning of a
"Conservation Area" embodying the steps required to prevent
such "Conservation Area" from becoming a slum and blighted
area.

(f) "Real Property" shall include lands, lands underwater,
structures and any and all easements, franchises and
incorporeal hereditaments and estates, and rights, legal and
equitable, including terms for years and liens by way of
judgment, mortgage or otherwise.
(g) "Fair Use Value" shall mean the fair cash market value
of real property when employed for the use contemplated by the
community conservation plan.
(h) "Community facilities" shall mean those physical
plants which implement, support and facilitate the activities,
services and interests of education, recreation, shopping,
health, welfare, religion and general culture.
(Source: Laws 1959, p. 2200.)
Section 35. The Urban Renewal Consolidation Act of 1961 is
amended by changing Sections 2, 3, 12, 19, 30, and 33 as
follows:
(315 ILCS 30/2) (from Ch. 67 1/2, par. 91.102)
Sec. 2. It is hereby found and declared (a) that there
exist in urban communities within this State with more than
500,000 inhabitants land clearance commissions, created prior
to the effective date of this amendatory Act of the 102nd
General Assembly and acting pursuant to the "Blighted Areas
Redevelopment Act of 1947 (repealed) ," approved July 2, 1947,
as amended, and conservation boards, created and acting

pursuant to the "Urban Community Conservation Act," approved
July 13, 1953, as amended; (b) that the administration of
these two closely related programs involving the eradication
or prevention of slum and blight areas and the redevelopment
of such areas can be accomplished more efficiently by a single
instrumentality as an agency of such urban community; (c) that
in order to protect the health, safety, morals and welfare of
the public by the more efficient administration of programs to
aid in the eradication and prevention of slum and blight areas
and the redevelopment thereof it is necessary to provide for
the creation of a single instrumentality to absorb the
functions of land clearance commissions and conservation
boards, and to exercise the powers and authority granted by
the "Blighted Areas Redevelopment Act of 1947 (repealed) ,"
approved July 2, 1947, as amended, and the "Urban Community
Conservation Act," approved July 13, 1953, as amended; and (d)
the eradication and redevelopment of slum and blighted areas,
the development and redevelopment of blighted vacant areas,
the conservation of urban residential areas and the prevention
of slums, by a single instrumentality the creation of which is
herein authorized, in the manner provided in this Act, is
hereby declared to be a public use essential to the public
interest.
(Source: Laws 1961, p. 3308.)
(315 ILCS 30/3) (from Ch. 67 1/2, par. 91.103)

Sec. 3. 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) "Department" means a Department of Urban Renewal
created pursuant to this Act.
(b) "Government" shall mean the United States of America
or any agency or instrumentality thereof authorized to make
funds available to local public agencies by way of loans or
grants for or in aid of any of the purposes of this Act.
(c) "Municipality" shall mean a city, village or
incorporated town.
(d) "Presiding officer" shall mean the mayor or president
of a city, village or incorporated town, as the case may be,
for which a Department of Urban Renewal is created.
(e) "Governing body" shall mean the council or the
president and board of trustees of any city, village or
incorporated town, as the case may be.
(f) "State Housing Board" shall mean the State Housing
Board created pursuant to "An Act in relation to Housing,"
approved July 12, 1933, as amended.
(g) "Area of operation" shall mean the area within the
territorial boundaries of such municipality.
(h) "Real Property" shall include lands, lands under
water, structures, and any and all easements, franchises and
incorporeal hereditaments and estates, and rights, legal and

equitable, including terms for years and liens by way of
judgment, mortgage or otherwise.
(i) "Slum and Blighted Area" means any area of not less in
the aggregate than two (2) acres located within the
territorial limits of a municipality where buildings or
improvements, by reason of dilapidation, obsolescence,
overcrowding, faulty arrangement or design, lack of
ventilation, light and sanitary facilities, excessive land
coverage, deleterious land use or layout or any combination of
these factors, are detrimental to the public safety, health,
morals or welfare.
(j) "Slum and Blighted Area Redevelopment Project" means a
project involving a slum and blighted area as defined in
subsection (i) of this section.
(k) "Blighted Vacant Area Redevelopment Project" means a
project involving (1) predominantly open platted urban land
which because of obsolete platting, diversity of ownership,
deterioration of structures or of site improvements, or taxes
or special assessment delinquencies exceeding the fair value
of the land, substantially impairs or arrests the sound growth
of the community and which is to be developed for residential
or other use, provided that such a project shall not be
developed for other than residential use unless the area, at
the time the Department adopts the resolution approving the
plan for the development of the area, is zoned for other than
residential use and unless the Department determines that

residential development thereof is not feasible, and such
determination is approved by the presiding officer and the
governing body of the municipality in which the area is
situated, or (2) open unplatted urban land to be developed for
predominantly residential uses, or (3) a combination or
projects defined in (1) and (2) of this sub-section (k).
(l) "Redevelopment Project" shall mean a "Slum and
Blighted Area Redevelopment Project" or a "Blighted Vacant
Area Redevelopment Project," as the case may be, as designated
in the determination of the Department pursuant to Section 11
of this Act, or as heretofore designated in the determination
of a land clearance commission which is to be dissolved
pursuant to this Act, and may include such additional area of
not more in the aggregate than one hundred sixty (160) acres
(exclusive of the site of any abutting Slum and Blighted Area
Redevelopment Project or Blighted Vacant Area Redevelopment
Project) located within the territorial limits of the
municipality, abutting and adjoining in whole or in part a
Slum and Blighted Area Redevelopment Project or Blighted
Vacant Area Redevelopment Project, which the Department deems
necessary for the protection and completion of such
redevelopment project or projects and of the site improvements
to be made therein and which has been approved by the governing
body of the municipality in which the area is situated, but the
Department as to such additional area shall have power only to
make studies, surveys and plans concerning services to be

performed by the municipality or others, including the
extension of project streets and utilities, the provision of
parks, playgrounds or schools, and the zoning of such
peripheral areas.
(m) "Conservation Area" shall mean an area of not less
than 40 acres in which the structures in 50% or more of the
area are residential, having an average age of 35 years or
more. Such an area is not yet a slum or blighted area as
defined herein, but such an area, by reason of dilapidation,
obsolescence, deterioration or illegal use of individual
structures, overcrowding of structures and community
facilities, conversion of residential units into
non-residential use, deleterious land use or layout, decline
of physical maintenance, lack of community planning, or any
combination of these factors, may become such a slum and
blighted area.
(n) "Conservation Plan" shall mean the comprehensive
program for the physical development and replanning of a
"Conservation Area" embodying the steps required to prevent
such "Conservation Area" from becoming a slum and blighted
area.
(o) "Fair Use Value" shall mean the fair cash market value
of real property when employed for the use contemplated by the
Community Conservation Plan.
(p) "Community facilities" shall mean those physical
plants which implement, support and facilitate the activities,

services and interests of education, recreation, shopping,
health, welfare, religion and general culture.
(q) "Land Clearance Commission" shall mean a land
clearance commission created prior to the effective date of
this amendatory Act of the 102nd General Assembly pursuant to
the "Blighted Areas Redevelopment Act of 1947 (repealed) ,"
approved July 2, 1947, as amended.
(r) "Conservation Board" shall mean a conservation board
created pursuant to the "Urban Community Conservation Act,"
approved July 13, 1953, as amended.
(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) ,"
approved July 2, 1947, as amended, 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. 94-1055, eff. 1-1-07.)

(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. 100-863, eff. 8-14-18.)
(315 ILCS 30/30) (from Ch. 67 1/2, par. 91.130)
Sec. 30. The provisions of any other statute to the
contrary notwithstanding, funds of a land clearance commission
dissolved or in the process of dissolution pursuant to this
Act which have been derived from grants made by the State of
Illinois shall be transferred and paid over to the
municipality for use by a Department of Urban Renewal for any
of the purposes of Part I of this Act.
Any municipality which has issued and sold bonds prior to
the effective date of this amendatory Act of the 102nd General
Assembly pursuant to Section 24 of the "Blighted Areas
Redevelopment Act of 1947 (repealed) ," approved July 2, 1947,
as amended, for the purpose of raising funds to be paid to a
land clearance commission may apply, use and pay the proceeds
of such bonds for and in aid of its Department of Urban Renewal
and may use such funds for any of the purposes of Part I of
this Act.
(Source: Laws 1961, p. 3308.)
(315 ILCS 30/33) (from Ch. 67 1/2, par. 91.133)
Sec. 33. Nothing contained in this Act shall affect or

impair the validity of any act or proceeding done or performed
by a land clearance commission prior to the effective date of
this amendatory Act of the 102nd General Assembly under the
Blighted Areas Redevelopment Act of 1947 (repealed) , as
amended, or by a Community Conservation Board under the Urban
Community Conservation Act, as amended.
(Source: Laws 1961, p. 3308.)
Section 40. The Eminent Domain Act is amended by changing
Section 15-5-25 as follows:
(735 ILCS 30/15-5-25)
Sec. 15-5-25. Eminent domain powers in ILCS Chapters 205
through 430. The following provisions of law may include
express grants of the power to acquire property by
condemnation or eminent domain:
(220 ILCS 5/8-509); Public Utilities Act; public utilities;
for construction of certain improvements.
(220 ILCS 15/1); Gas Storage Act; corporations engaged in the
distribution, transportation, or storage of natural gas or
manufactured gas; for their operations.
(220 ILCS 15/2 and 15/6); Gas Storage Act; corporations
engaged in the distribution, transportation, or storage of
natural gas or manufactured gas; for use of an underground
geological formation for gas storage.

(220 ILCS 30/13); Electric Supplier Act; electric
cooperatives; for general purposes.
(220 ILCS 55/3); Telegraph Act; telegraph companies; for
telegraph lines.
(220 ILCS 65/4); Telephone Company Act; telecommunications
carriers; for telephone company purposes.
(225 ILCS 435/23); Ferries Act; ferry operators; for a
landing, ferryhouse, or approach.
(225 ILCS 440/9); Highway Advertising Control Act of 1971;
Department of Transportation; for removal of signs
adjacent to highways.
(310 ILCS 5/6 and 5/38); State Housing Act; housing
corporations; for general purposes.
(310 ILCS 10/8.3); Housing Authorities Act; housing
authorities; for general purposes.
(310 ILCS 10/8.15); Housing Authorities Act; housing
authorities; for implementation of conservation plans and
demolition.
(310 ILCS 10/9); Housing Authorities Act; housing authorities;
for general purposes.
(310 ILCS 20/5); Housing Development and Construction Act;
housing authorities; for development or redevelopment.
(310 ILCS 35/2); House Relocation Act; political subdivisions
and municipal corporations; for relocation of dwellings
for highway construction.
(315 ILCS 5/14); Blighted Areas Redevelopment Act of 1947;

land clearance commissions; for redevelopment projects.
(315 ILCS 10/5); Blighted Vacant Areas Development Act of
1949; State of Illinois; for housing development.
(315 ILCS 20/9 and 20/42); Neighborhood Redevelopment
Corporation Law; neighborhood redevelopment corporations;
for general purposes.
(315 ILCS 25/4 and 25/6); Urban Community Conservation Act;
municipal conservation boards; for conservation areas.
(315 ILCS 30/12); Urban Renewal Consolidation Act of 1961;
municipal departments of urban renewal; for blighted area
redevelopment projects.
(315 ILCS 30/20 and 30/22); Urban Renewal Consolidation Act of
1961; municipal departments of urban renewal; for
implementing conservation areas.
(315 ILCS 30/24); Urban Renewal Consolidation Act of 1961;
municipal departments of urban renewal; for general
purposes.
(415 ILCS 95/6); Junkyard Act; Department of Transportation;
for junkyards or scrap processing facilities.
(420 ILCS 35/1); Radioactive Waste Storage Act; Illinois
Emergency Management Agency; for radioactive by-product
and waste storage.
(Source: P.A. 94-1055, eff. 1-1-07.)
(315 ILCS 5/Act rep.)
Section 45. The Blighted Areas Redevelopment Act of 1947

is repealed.
Section 99. Effective date. This Act takes effect upon
becoming law.