NO HEARING FOR LAND SWAP: VILLAGE

Contrary opinion from an opponent of the Gordon Park land sale and the discussion of a land swap between the La Grange Village Board and the Park District of La Grange was clarified by Village Manager Robert Pilipszyn late last week.

At the Sept. 22 Town Meeting at Spring Avenue School, resident and attorney Tom Beyer said a public hearing is required for the swap because the wrong Illinois Revised Statute is being used to justify the exchange. If the right one was used, he maintained, a hearing would be mandated. If not, the village could be opening itself up to lawsuits, he contended.

However, Pilipszyn said the village attorney assured him the Illinois Local Property Transfer Act "is the correct and appropriate statute" for purposes of the Park District land exchange because it addresses the transfer of property from from one public entity to another.

The legislative intent of the statute cited by Beyer as the proper statute prescribes a process to exchange land between a municipality and a private party -- but the Park District is a division of local government and not a private party.

"We're acting on authority granted to both of us under the Property Transfer Act ... which does not authorize the transfer of property to a private party, which closes the loop," he said. "The Property Transfer Act doesn't even authorize atransfer of property to a private party, which makes it really clear as to the purpose of that statute."

Thus, he added, it will be helpful for the Park Board to complete the transfer of property before the Tuesday, Nov. 4 referendum to make it abundantly clear as to the ownership of property in the park.

The board plans to swap a village parking lot next to Gordon Park for a vacated portion of Shawmut Avenue within the park

The Park Board voted to put the land sale issue on the ballot after a Cook County Circuit judge ruled the parcel was more than 3 acres and required voter approval.