44 Ill. Adm. Code 5000.660
Non-State Use
Section 5000
Section 5000.660 Non-State
Use
a) Excess Real Property
1) Excess real property which cannot be used by a State agency
may be leased to the public, with governmental units being the preferred
tenants, for periods of time not to exceed five years unless longer periods are
authorized by statute. Vacant land shall be leased for periods of longer than
five years if one of the following conditions is present:
A) The lease is made with an organization which is providing
program-related services to a State agency, a not-for-profit organization or a
unit of local government and those services require the lessee to make
permanent capital improvements to the leased land.
B) A longer lease term is specifically authorized by statute.
2) Rental shall be at the current fair market value payable to
the proper State Treasury account in cash except that leases of Department of
Corrections property for farming may be paid by crop share to the State.
Receipts payable by income in kind shall be strictly documented by grain
receipts or other generally accepted accounting practices to verify value of
income paid in kind. Rental may be waived or reduced to less than fair market
value upon a showing of clear advantage to the State. Use of property for
agency program related purposes or to prevent waste of the property are examples
of clear advantage.
b) Leases of excess property for office or storage use shall be
accomplished by direct negotiation or sealed bidding pursuant to 44 Ill. Adm.
Code 1.2010.
c) Leases of excess property for farm purposes will be
accomplished by sealed bid, pursuant to 44 Ill. Adm. Code 1.2010. A 10%
performance bond or other security may be required of the winning bidder.
d) Improvements made to State land will be forfeited to the State
unless removed by lessee without damaging State property. Upon removal, lessee
will restore the State property to its original condition unless specific
written permission to the contrary is given.