Q: What is the legal procedure for an Illinois School district to purchase Real Property (Real Estate)?
I understand they can meet in closed session to discuss the purchase but can they pay over appraisal and take action without having it discussed in a public meeting or on an agenda?
A:
In Illinois, school districts are allowed to meet in closed sessions to discuss matters related to the purchase of real estate to ensure privacy during the negotiation process. However, any decision to purchase real estate, including the agreement on price, must be made in an open session during a public meeting. This is in accordance with the Illinois Open Meetings Act, which aims to ensure transparency and public access to government decision-making.
While a school district can discuss potential real estate transactions in private, the actual decision to buy property and the terms of the purchase, including the price, must be disclosed and approved in a public setting. This ensures that community members have a chance to hear about and respond to proposed expenditures or actions that may affect them. Paying over the appraised value is a decision that would require careful consideration and public justification, as it involves the use of public funds.
It is important for school districts to follow these legal requirements to maintain transparency and public trust. If you believe that a school district is not adhering to these procedures, you may consider attending school board meetings, voicing your concerns, or consulting with a legal advisor to understand more about your rights and the legal obligations of the school district.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
