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70 ILCS 1850/5
(70 ILCS 1850/5) (from Ch. 19, par. 405)
Sec. 5. The District has power to acquire and accept by purchase, lease,
gift, grant or otherwise any property and rights useful for its purposes and to
provide for the development of channels, ports, harbors, airports,
airfields, terminals, port facilities and terminal facilities adequate to
serve the needs of commerce within the District. The District may acquire
real or personal property or any rights therein in the manner, as near as
may be, as is provided for the exercise of the right
of eminent domain under the Eminent Domain Act; except that no rights or property of any kind or character now or
hereafter owned, leased, controlled or operated and used by, or necessary
for the actual operations of, any common carrier engaged in interstate
commerce, or of any other public utility subject to the jurisdiction of the
Illinois Commerce Commission, shall be taken or appropriated by the
District without first obtaining the approval of the Illinois Commerce
Commission. Notwithstanding the provisions of any other Section of this
Act, the District shall have full power and authority to lease any or all
of its facilities for operation and maintenance to any person for such
length of time and upon such terms as the District shall deem necessary.
Also the District may lease to others for any period of time, not to
exceed 99 years, upon such terms as its Board may determine, any of its
real property, rights of way or privileges, or any interest therein, or any
part thereof, for industrial, manufacturing, commercial or harbor purposes,
which is in the opinion of the Port District Board no longer required for
its primary purposes in the development of port and harbor facilities for
the use of public transportation, or which may not be immediately needed
for such purposes, but where such leases will in the opinion of the Port
District Board aid and promote such purposes, and in conjunction with such
leases, the District may grant rights of way and privileges across the
property of the District, which rights of way and privileges may be
assignable and irrevocable during the term of any such lease and may
include the right to enter upon the property of the District to do such
things as may be necessary for the enjoyment of such leases, rights of way
and privileges, and such leases may contain such conditions and retain such
interest therein as may be deemed for the best interest of the District by
such Board.
Also, the District shall have the right to grant easements and permits
for the use of any such real property, rights of way or privileges which in
the opinion of the Board will not interfere with the use thereof by the
District for its primary purposes and such easements and permits may
contain such conditions and retain such interest therein as may be deemed
for the best interest of the District by the Board.
With respect to any and all leases, easements, rights of way, privileges
and permits made or granted by the Board, the Board may agree upon and
collect the rentals, charges and fees that may be deemed for the best
interest of the District. Such rentals, charges and fees shall be used to
defray the reasonable expenses of the District and to pay the principal of
and interest on any revenue bonds issued by the District.
(Source: P.A. 94-1055, eff. 1-1-07.)
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