OMA section 2(c)(5)
OMAPurchase or lease of real property
5 ILCS 120/2(c)(5). Purchase or lease of real property
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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 Determination letters are not binding precedent.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
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 Determination letters are not binding precedent and this is not legal advice.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 pr…
- 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… · 2021 · Closed session discussion of an i…
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 p…
- 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…
- 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 i…
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 pr…
- 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…
- 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 i…
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 pr…
- 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 i… · 2019 · Closed-session discussion about a…
- 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 pr…
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.
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