HB1367: TWP OPEN SPACES-LEASE OR SALE

Legislative Summary

Amends the Township Open Space Article of the Township Code. Reduces the acreage that constitutes open land or open space under the Article to 25 acres (currently, 50 acres). Provides, in the definition of "open space purposes", that development includes development for agricultural purposes. Provides that, after the effective date of the amendatory Act, a township board may lease open space that is a part of the township's open space program for a period not longer than 25 years from the date of the lease to an individual, a nonprofit organization, the federal government, a state government, or a local government for specified purposes consistent with open space purposes. Provides that, upon expiration of a lease of land that was leased after the effective date of the amendatory Act, title to all structures on the leased land shall be vested in the township. Provides that leased open space may be used for agricultural purposes. Provides that a township board may lease open space for open space purposes and buildings and facilities on the open space to an individual, a nonprofit organization, the federal government, a state government, or a local government. Provides that the township board may not sell, convey, donate, or otherwise dispose of open space without referendum approval by the majority of the voters of the township at a regular election, and provides that the board may certify the question of disposition of property to the appropriate election authority only if the board approves the question by at least a two-thirds majority of the board members. Provides that, if a township dissolves or is consolidated or merged or the boundaries of the township are altered, any affected open space shall continue to be used for open space purposes unless the open space is disposed of is approved by a two-thirds vote of the board of the unit of local government in control of that open space and after referendum of the voters of the unit of local government.