COUNTIES CD-LEASE OF PROPERTY

Session: 104th General Assembly
Year: 2025
Bill #: SB1447
Category: Land Use and Zoning
Position: Support
Mandate?
Revenue Loss?
Authority Preemption?

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Summary as Introduced

Amends the Counties Code. Provides that the lease of real estate is permitted when a property, structure, or facility owned by Kane County can be used for athletic purposes in the interest of the public or for the benefit and enjoyment of residents of the county if the property, structure, or facility acquired by Kane County was being used for athletic purposes prior to the county acquiring the property, structure, or facility. For leases entered into under this provision after the effective date of the amendatory Act, the lease must require (i) the lessee to allow any organization that used the land at the time the lease is executed to continue to use the land for the leased purposes during the term of the lease and (ii) the lessor to continue, during the term of the lease, to employ, in the same capacity, any persons who provided services on the land at the time the lease is executed.

Staff Analysis

The bill amends the Counties Code to provide that the lease of real estate is permitted when a property, structure, or facility owned by Kane County can be used for athletic purposes in the interest of the public or for the benefit and enjoyment of residents of the county if the property, structure, or facility acquired by Kane County was being used for athletic purposes prior to the county acquiring the property, structure, or facility. For leases entered into under this provision after the effective date of the amendatory Act, the lease must require (i) the lessee to allow any organization that used the land at the time the lease is executed to continue to use the land for the leased purposes during the term of the lease and (ii) the lessor to continue, during the term of the lease, to employ, in the same capacity, any persons who provided services on the land at the time the lease is executed. Senate Amendment 1 makes the expanded leasing authority contingent on a three-fourths vote of the full county board and limits the term of the lease to not more than 99 years. As introduced, the legislation is opposed by the Edgar County Watchdogs. AFSCME has also indicated concerns about the status of unionized employees working on property to be leased by a county.



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