5 ILCS 120/2(c)(5)

OMA

Purchase or lease of real property

Read the full statute text on /statutes →

Jump to the 6 issues decided under this provision, with a drafting brief ↓

1 upheld (no violation found) · 4 rejected (violation found), out of 5 documents.

Not legal advice, and not a per-exemption ruling — this reflects each document's overall disposition. See the FAQ disclaimer.

How the Public Access Counselor has treated 5 ILCS 120/2(c)(5)

This exception permits a public body to meet in closed session to discuss the purchase or lease of real property. It is listed as 5 ILCS 120/2(c)(5) and is separate from other closed-session grounds such as pending litigation or the sale or disposition of property.

In these decisions, the Public Access Counselor applied the exception narrowly. It found violations where councils, school boards, and a park district board used closed sessions noticed for purchase or lease to discuss other topics, including the future of an existing City Hall, plans discussed across multiple meetings for a new school, the sale of a separate property, and intergovernmental agreements with a city. It found no violation in one matter where review showed the board's closed discussions concerned the potential purchase of property.

At a glance: 5 documents from 2020 to 2026(2 binding opinions, 3 determination letters). Most often cited alongside: 5 ILCS 120/2(c)(6) (Setting a sale/lease price for public body's own property) (2); 5 ILCS 120/2(c)(11) (Pending, probable, or imminent litigation) (1).

Recurring issues

Public bodies discussed the future, sale, or disposition of property they already owned during sessions justified as purchase or lease of other property. (Closed-session discussion of real property acquisition, Closed-session discussion of a property sale)
A school board held repeated closed sessions over months about plans for a new school that the PAC found were not permissible under the Act. (Closed-session discussion of a new school opening)
School boards cited property-related exceptions along with litigation to discuss an intergovernmental agreement with a city in closed session. (Closed session discussion of an intergovernmental agreement)
A park district board discussed the sale of one property during a closed session authorized to discuss the purchase of a different property. (Closed-session discussion of a property sale)

Practical points

Keep closed discussion within the purchase or lease that justified the session and do not add discussion of selling separate property.
Do not use this exception to discuss in closed session the future use or disposition of a building the public body already owns.
When a challenge concerns what was actually discussed, a review of the closed-session recording can determine whether the discussion concerned potential purchase.

Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.

All 5 documents citing 5 ILCS 120/2(c)(5)

Issues decided under 5 ILCS 120/2(c)(5)

Individual questions the Public Access Bureau decided under this provision, with the rule it applied, grouped by outcome. Extracted automatically from the letters; check each source letter.

6 issues across 4 determination letters:3 violation found · 3 no violation.

Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.

Authorities the Bureau cites most on this issue

Galena Gazette Publications Inc., v. County of Jo Daviess, 375 Ill. App. 3d 338 (2d Dist. 2007) cited 3 times

How to challenge a denial on this issue

AI-generated summary of the decisions listed on this page, with each point linked to the letters it comes from. Determination letters are not binding precedent and this is not legal advice. Open the letter and check the PDF before relying on any point.

When a challenge is strong

The closed session included discussion of selling other property to fund the purchase. A separate decision to sell other property is not within the scope of section 2(c)(5), which covers only the purchase or lease of real property and related details necessary to put terms in context.Based on: 2022 · Closed-session discussion of a property sale
The closed session strayed into discrete discussions not limited to the purchase or lease of the property or setting its price. Discussions that go beyond purchase/lease or price setting are not authorized by section 2(c)(5) and violate the Open Meetings Act.Based on: 2019 · Closed-session discussion about a library branc… · 2021 · Closed session discussion of an intergovernment…

When the public body usually wins

The closed session focused on whether to acquire the property, including its need, intended use, and renovation costs. These topics fall within the scope of section 2(c)(5) as part of the purchase or lease decision.Based on: 2020 · Closed-session discussions of a potential real …
The discussion concerned specific parcels and related details of the purchase or lease. Section 2(c)(5) permits closed session discussion of specific parcels and related details for the public body's use.Based on: 2019 · Closed-session discussion about a library branc…
The discussion was about issues involved in the purchase or lease of real property for the public body's use. The exception broadly covers such issues, and the body did not exceed that scope.Based on: 2021 · Closed session discussion of an intergovernment…

Points to put in your letter

If the closed session included a decision to sell other property to fund the purchase, argue that this is a separate matter not covered by section 2(c)(5).Based on: 2022 · Closed-session discussion of a property sale
Point out any discussion that was not limited to the purchase or lease of the property or setting its price, as that violates the exception.Based on: 2019 · Closed-session discussion about a library branc…
Argue that the public body may only discuss matters directly related to the purchase or lease for its own use; unrelated topics are not allowed.Based on: 2021 · Closed session discussion of an intergovernment…

Common mistakes

Assuming that any discussion related to financing the purchase, including selling other property, is covered by section 2(c)(5).Based on: 2022 · Closed-session discussion of a property sale
Believing that once a meeting is properly closed under 2(c)(5), any topic can be discussed.Based on: 2021 · Closed session discussion of an intergovernment… · 2019 · Closed-session discussion about a library branc…
Failing to distinguish between discussions about the purchase/lease itself and separate decisions like selling other assets.Based on: 2022 · Closed-session discussion of a property sale

Facts to gather first

What specific topics were discussed in the closed session (e.g., selling other property, renovation costs, need for the property).
Whether the public body made a separate decision to sell other property to fund the purchase.
Whether the discussion included matters unrelated to the purchase or lease of the specific property.
The stated purpose for closing the meeting and the exceptions cited.

These notes are based on non-binding determination letters; the outcome depends on the specific facts and the closed session discussion; verify the full PDFs for context.

Drafting brief for an AI assistant

Copy this into your assistant to help draft a request, appeal, or challenge to a denial that turns on this issue. It carries the rules and decisions, not your facts: add those yourself. Machine-readable version: oma-2-c-5.json.

TOPIC: 5 ILCS 120/2(c)(5) - Purchase or lease of real property
SOURCE: Illinois Attorney General Public Access Bureau decisions compiled at https://illinoisfoia.org/exemptions/5-ilcs-120-2-c-5/
NOTE: Determination letters are not binding precedent; they show how the Bureau applies the law. Verify every decision against the source PDF before citing it.

VIOLATION FOUND (3):
- Closed Session Discussion Exceeding Scope of Section 2(c)(5)
  Rule: A closed session under section 2(c)(5) may include related details necessary to put purchase or lease terms in context, but not a separate decision to sell other property to fund the purchase.
  Decision: Closed-session discussion of a property sale (non-binding determination letter, June 3, 2022) https://illinoisfoia.org/opinions/letter-69094/
- Overall closed session discussion outside exceptions
  Rule: A public body may not discuss matters in closed session that fall outside the scope of the exceptions it relied upon to close the meeting.
  Decision: Closed session discussion of an intergovernmental agreement (non-binding determination letter, October 25, 2021) https://illinoisfoia.org/opinions/letter-58651/
- Unauthorized closed session discussions on other West Branch matters
  Rule: Discrete discussions not limited to purchase/lease or price setting were not authorized by sections 2(c)(5) or 2(c)(6), violating OMA.
  Decision: Closed-session discussion about a library branch relocation (non-binding determination letter, April 2, 2019) https://illinoisfoia.org/opinions/letter-55687/

NO VIOLATION (3):
- Section 2(c)(5) scope for purchase or lease of real property
  Rule: Section 2(c)(5) allows closed session discussion of issues involved in the purchase or lease of real property for the public body's use.
  Decision: Closed session discussion of an intergovernmental agreement (non-binding determination letter, October 25, 2021) https://illinoisfoia.org/opinions/letter-58651/
- Propriety of closed session discussions under section 2(c)(5)
  Rule: Closed session discussions about whether to acquire property, including need, use, and renovation costs, fall within the scope of section 2(c)(5).
  Decision: Closed-session discussions of a potential real estate purchase (non-binding determination letter, June 8, 2020) https://illinoisfoia.org/opinions/letter-59963/
- Closed session discussions on purchase or lease of real property
  Rule: Section 2(c)(5) permits closed session discussions on the purchase or lease of real property for the public body's use, including specific parcels and related details.
  Decision: Closed-session discussion about a library branch relocation (non-binding determination letter, April 2, 2019) https://illinoisfoia.org/opinions/letter-55687/

MOST-CITED AUTHORITIES: Galena Gazette Publications Inc., v. County of Jo Daviess, 375 Ill. App. 3d 338 (2d Dist. 2007)

TASK FOR THE ASSISTANT: Using only the decisions above, help draft a letter. Argue from the rule and cite the decision by name and date. Do not invent decisions.

Violation found (3)

Closed Session Discussion Exceeding Scope of Section 2(c)(5)
Rule: A closed session under section 2(c)(5) may include related details necessary to put purchase or lease terms in context, but not a separate decision to sell other property to fund the purchase.
Violation found Closed-session discussion of a property sale · June 3, 2022
Overall closed session discussion outside exceptions
Rule: A public body may not discuss matters in closed session that fall outside the scope of the exceptions it relied upon to close the meeting.
Violation found Closed session discussion of an intergovernmental agreement · October 25, 2021
Unauthorized closed session discussions on other West Branch matters
Rule: Discrete discussions not limited to purchase/lease or price setting were not authorized by sections 2(c)(5) or 2(c)(6), violating OMA.
Violation found Closed-session discussion about a library branch relocation · April 2, 2019

No violation (3)

Section 2(c)(5) scope for purchase or lease of real property
Rule: Section 2(c)(5) allows closed session discussion of issues involved in the purchase or lease of real property for the public body's use.
No violation Closed session discussion of an intergovernmental agreement · October 25, 2021
Propriety of closed session discussions under section 2(c)(5)
Rule: Closed session discussions about whether to acquire property, including need, use, and renovation costs, fall within the scope of section 2(c)(5).
No violation Closed-session discussions of a potential real estate purchase · June 8, 2020
Closed session discussions on purchase or lease of real property
Rule: Section 2(c)(5) permits closed session discussions on the purchase or lease of real property for the public body's use, including specific parcels and related details.
No violation Closed-session discussion about a library branch relocation · April 2, 2019