(65 ILCS 5/11-48.2-2) (from Ch. 24, par. 11-48.2-2)
Sec. 11-48.2-2.
The corporate authorities in all municipalities shall have the power to
provide for official landmark designation by ordinance of areas, places,
buildings, structures, works of art and other objects having a special
historical, community, or aesthetic interest or value; and in connection
with such areas, places, buildings, structures, works of art or other
objects so designated by ordinance, whether owned or controlled privately
or by any public body, to provide special conditions, to impose regulations
governing construction, alteration, demolition and use, and to adopt other
additional measures appropriate for their preservation, protection,
enhancement, rehabilitation, reconstruction, perpetuation, or use, which
additional measures may include, but are not limited to, (a) the making of
leases and subleases (either as lessee or lessor of any such property) for
such periods and upon such terms as the municipality shall deem
appropriate; (b) inducing, by contract or other consideration, the creation
of covenants or restrictions binding the land; (c) the acquisition by
purchase or eminent domain of a fee or lesser interest, including a
preservation restriction, in property so designated; the deposit, as
appropriate, in a development rights bank of the development rights
associated with said property; and the reconstruction, operation or
transfer by the municipality of any such property so acquired or the
transfer of any development rights so acquired, all in accordance with such
procedures and subject to such conditions as are reasonable and appropriate
to carrying out the purposes of this Division; (d) appropriate and
reasonable control of the use or appearance of adjacent and immediately
surrounding private property within public view; (e) acquisition by eminent
domain or by other contract or conveyance of immediately surrounding
private property, or any part thereof or interest therein, the alteration
or clearance of which is important for the proper preservation,
reconstruction or use of the designated property; (f) cooperative
relations, including gifts, contracts and conveyances appropriate to the
purposes of this Division, by and between the municipality and any other
governmental body or agency and by and between the municipality and
not-for-profit organizations which have as one of their objects the
preservation or enhancement of areas, places, buildings, structures, works
of art or other objects of special historical, community or aesthetic
interest or value; (g) acceptance and administration by the municipality of
funds or property transferred on trust to the municipality by an
individual, corporation or other governmental or private entity for the
purpose of aiding, either in general or in connection with some specific
designated property, the preservation or enhancement of areas, places,
buildings, structures, works of art or other objects designed by law under
the provisions hereof; (h) issuance of interest bearing revenue bonds,
pursuant to ordinance adopted by the corporate authorities, payable from
the revenues to be derived from the operation of any one or more areas,
places, buildings, structures, works of art or other objects designated by
ordinance and acquired by the municipality under the provisions hereof,
such bonds to mature at a time not exceeding 50 years from their respective
dates of issue and to be in such form, carry such registration privileges,
be executed in such manner, be offered for sale in such manner and be
payable at such place or places and under such conditions and terms as may
be provided in the ordinance or in any subsequent ordinance adopted
pursuant hereto for the purpose of refunding or refinancing any bonds
issued hereunder; and the holder or holders of any such bonds may by mandamus,
injunction or other civil action compel the municipality to perform any covenant
or duty created by the ordinance authorizing their issuance; and (i)
establishment of procedures authorizing owners of designated property to
transfer development rights in such amount and subject to such conditions
as are appropriate to secure the purposes of this Division.
Any such special conditions, regulations, or other measures, shall, if
adopted in the exercise of the police power, be reasonable and appropriate
to the preservation, protection, enhancement, rehabilitation,
reconstruction, perpetuation, or use of such areas, places, buildings,
structures, works of art, or other objects so designated by law, or, if
constituting a taking of private property, shall provide for due and just
compensation. This amendatory Act of 1971 does not apply to any
municipality which is a home rule unit.
(Source: P.A. 83-345.)
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