(70 ILCS 2805/10) (from Ch. 42, par. 421)
Sec. 10.
The sanitary district may acquire by purchase, condemnation, or
otherwise all real and personal property, right of way and privilege,
either within or without its corporate limits that may be required for its
corporate purposes. If real property is acquired by condemnation, the
sanitary district may not sell or lease any
portion of the property
for a
period of 10
years after acquisition by condemnation is completed. If, after such 10-year
period, the sanitary district decides to sell or lease the property, it must
first offer the property for sale or lease to the previous owner of the land
from whom the sanitary district acquired the property. If the sanitary
district and such previous owner do not execute a contract for purchase or
lease of the property within 60 days from the initial offer, the sanitary
district then may offer the property for sale or lease to any other
person. If any sanitary district formed under this Act is
unable to agree with any other sanitary district, city, village or
incorporated town upon the terms whereby it shall be permitted to use the
drains, channels or ditches of such other sanitary district, city, village
or incorporated town, the right to such use may be acquired by condemnation
in any circuit court by proceedings as provided in Section 4-17 of the
Illinois Drainage Code. The compensation to be paid for such use may be a
gross sum, or it may be in the form of an annual rental, to be paid in
yearly installments as and in the manner provided by the judgment
of the court wherein such proceedings may be had. However, when such
compensation is fixed at a gross sum, all moneys for the purchase and
condemnation of any property shall be paid before possession is taken or
any work done on the premises damaged by the construction of such channel
or outlet, and in case of an appeal from the circuit court taken by either
party whereby the amount of damages is not finally determined, then
possession may be taken, if the amount of the judgment in such court is
deposited at some bank or savings and loan association to be designated
by the court, subject
to the payment of such damages on orders signed by such circuit court,
whenever the amount of damages is finally determined. The sanitary district
may sell, convey, vacate and release the real or personal property, right
of way and privileges acquired by it when no longer required for the
purposes of such district.
(Source: P.A. 90-558, eff. 12-12-97.)
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