Article 15 - Common School Lands
(105 ILCS 5/15‑1) (from Ch. 122, par. 15‑1) Sec. 15‑1. Lands constituting. Section 16 in every township, the sections and parts of sections granted in lieu of all or part of such section, shall be held as common school lands. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑2) (from Ch. 122, par. 15‑2) Sec. 15‑2. Place of transacting business. All the business of a township relating to common school lands shall be transacted in the county which contains all or the greater portion of such lands. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑3) (from Ch. 122, par. 15‑3) Sec. 15‑3. Leases‑Pooling agreements‑Railroad rights of way and depot grounds. The township land commissioners or trustees of schools in townships in which Section 16, or lands granted in lieu thereof, remain unsold, or which have title to any other school lands or real estate, may lease them for an annual cash rent or for an annual grain rent or a combination of cash and grain rent, or may lease them for drilling for oil and gas upon a royalty basis. The lease shall be made by the president and the clerk, under the direction of the township land commissioners or trustees of schools, with the lessee or lessees, shall be in writing, shall be filed with the records of the board, and a copy shall be transmitted to the county superintendent. In case of default in the payment of rent the township land commissioners or trustees shall at once proceed to collect it as may be provided by law for the collection of rents by landlords. No lease under the provisions of this Act shall be for a longer period than 5 years except when lands are leased for the purpose of having permanent improvements made thereon, as in cities and villages, and except when leased for oil and gas development and drilling. The township land commissioners or trustees of schools which have title to any school real estate or lands, whether the lands or real estate are being used by any school district for school purposes or not, may lease such real estate or lands, or any part thereof, for drilling for oil and gas upon such terms as may be agreed upon. Where such a lease is made for drilling for oil and gas, the township land commissioners or trustees of schools may also enter into pooling agreements with the owners of adjacent lands so that the township land commissioners or trustees of schools will participate in royalties in proportion to their acreage ownership as to all oil produced from any of the lands in the pooling agreements. This section does not apply to cities having a population of over one hundred thousand inhabitants. The township land commissioners or trustees of schools of any township may sell and convey to any railroad company a right of way across any school lands of the township, and necessary depot grounds. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑4) (from Ch. 122, par. 15‑4) Sec. 15‑4. (Repealed). (Source: Laws 1965, p. 3739. Repealed by P.A. 89‑159, eff. 1‑1‑96.) |
(105 ILCS 5/15‑5) (from Ch. 122, par. 15‑5) Sec. 15‑5. Penalty for trespass. Every trespasser upon common school lands is guilty of a petty offense and shall be fined 3 times the amount of the injury occasioned by the trespass. (Source: P. A. 77‑2267.) |
(105 ILCS 5/15‑6) (from Ch. 122, par. 15‑6) Sec. 15‑6. Disposition of penalties and fines. All penalties and fines collected under the provisions of Sections 15‑‑4 and 15‑‑5 shall be paid to the school treasurer and added to the principal of the township fund. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑7) (from Ch. 122, par. 15‑7) Sec. 15‑7. Sale of common school lands ‑ Petition ‑ Referendum. When the inhabitants of any township desire the sale of the common school lands thereof they shall present to the county superintendent of the county in which the school lands of the township, or the greater part thereof lie, a petition for their sale. The petition shall be signed by at least two‑thirds of the voters of the township in the presence of at least 2 adult citizens of the township, after the meaning and purpose thereof have been explained, and an affidavit must be affixed thereto by the citizens witnessing the signing, which affidavit shall state the number of inhabitants of the township 18 years of age and over, and the petition so verified shall be delivered to the regional superintendent for his action thereon. In townships having a population of more than 10,000 inhabitants, the petition shall be signed by at least 1/10 of the voters thereof and be delivered to the regional superintendent. Upon the filing of any such petition with the regional superintendent he shall treat the petition in the manner provided by the general election law, and shall certify the proposition to the proper election authorities for submission to the voters of the township at a regular scheduled election the proposition to sell common school lands of the township. In addition to the requirements of the general election law the notice may be in the following form: REFERENDUM FOR SALE OF COMMON SCHOOL LANDS Notice is hereby given that on.... the.... day of...., 1...., a referendum will be held at.... for the purpose of voting "for" or "against" the proposition to sell common school lands of the township, to‑wit: (here insert description of the lands). The polls will be opened at.... and closed at.... o'clock,.... M. Regional Superintendent If two‑thirds of the votes upon the proposition are in favor of the sale, the county superintendent shall act thereon. No section shall be sold in any township containing fewer than 200 inhabitants. Common school lands in fractional townships may be sold when the number of acres are in, or above, a ratio of 200 to 640 but not before, provided, that where the lands sought to be sold are swamp or overflow lands, and are located in a township containing less than 200 inhabitants, a petition signed by at least two‑thirds of the voters in the township shall be sufficient to cause the regional superintendent to act thereon. All other proceedings shall be the same as provided in this section. This section does not prohibit the transfer of school land belonging to a city in trust for the use of schools under the provisions of "An Act in relation to the transfer of real estate owned by municipalities", approved July 2, 1925, as amended, when the board of education of a city having a population exceeding 100,000 inhabitants desires to convey such land to the city comprising the school district of such board of education; and in case of such transfer the limitations as to the size of the lot or tract of land that may be conveyed contained in Sections 15‑9 through 15‑12, shall not apply. (Source: P.A. 81‑1489.) |
(105 ILCS 5/15‑8) (from Ch. 122, par. 15‑8) Sec. 15‑8. Fractional townships united to adjacent township. Any fractional township not having the requisite number of inhabitants to petition for the sale of school lands, which has not heretofore been united with any township for school purposes, and which does not contain a sufficient number of inhabitants to maintain a free school, is hereby attached for school purposes to the adjacent congressional township having the longest territorial line bordering on such fractional township, and all the provisions of this Article shall apply to such united townships the same as though they were 1 township. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑9) (from Ch. 122, par. 15‑9) Sec. 15‑9. Notice to trustees‑Subdivision of land‑Plat, roads, streets and alleys. When the petition and affidavits are delivered to the county superintendent, and the requisite number of votes are in favor of a sale, he shall notify the trustees of the township or township land commissioners, who shall immediately divide the land into tracts or lots of such form and quantity as will produce the largest sum of money, and cause a plat thereof to be made with each lot numbered and defined so that its boundaries may be forever ascertained. In subdividing common school lands, no lot shall contain more than 80 acres and the division may be into town or village lots, with roads, streets or alleys between and through them. All such divisions are hereby declared legal and all such roads, streets and alleys are declared to be public highways. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑10) (from Ch. 122, par. 15‑10) Sec. 15‑10. Value fixed‑Certification of plat‑Plat and certificate to govern. After the school lands have been subdivided and platted, the trustees of schools or township land commissioners shall fix the value of each lot and certify to the correctness of the plat, stating in the certificate the value of each lot and describing it so that it may be identified. The plat and certificate shall be delivered to the county superintendent and shall govern him in advertising and selling such lands. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑11) (from Ch. 122, par. 15‑11) Sec. 15‑11. Notice of sale. Upon receipt of the plat and certificate of valuation the county superintendent shall advertise the sale of such land in lots, as divided and platted, by publishing notice thereof once each week for 3 successive weeks prior to the date of the sale in a newspaper published in the county describing the land and stating the time, place and terms of the sale, and shall be in the following form: NOTICE OF SALE Notice is hereby given that on the .... day of .... 1 ...., between the hours of 10:00 A.M. and 6:00 P.M., the undersigned superintendent of schools of .... county, will sell at public sale to the highest bidder, at the .... door of the court house in ....(or on the premises), the following described real estate, the same being school lands of township No. .... range No. ...., as divided, and platted by the (township land commissioners) (trustees of schools of said township), to‑wit: (here insert full and complete description of said premises). Said lands will be sold for cash in hand, with the privilege to any purchaser of borrowing from the undersigned the whole or part of the payment of his bid, for not less than 1 nor more than 5 years, upon his paying interest and giving security as required in case of a loan obtained from the township fund. Dated this .... day of .... 1 ..... A .... B .... County Superintendent (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑12) (from Ch. 122, par. 15‑12) Sec. 15‑12. Conduct of sale. Upon the day of sale, the county superintendent shall make sales by beginning at the lowest numbered lot and proceeding regularly to the highest numbered until they are all sold or offered. No lot shall be sold for less than its valuation. The sale may continue from day to day. Each lot shall be sold separately and offered long enough to enable any person present to bid who so desires. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑13) (from Ch. 122, par. 15‑13) Sec. 15‑13. Payment of purchase price. At the close of each day's sale the purchasers shall pay or secure the payment of the purchase money. In case of a failure to do so by 10 a. m. the succeeding day, the lot purchased shall again be offered at public sale, on the terms as before. Regardless of whether or not the sale is made the former purchaser shall be required to pay the difference between his bid and the valuation of the lot, and if he fails to make such payment, the county superintendent may forthwith institute a civil action in his name, as superintendent, for the use of the inhabitants of the township where the land lies, for the required sum; and upon making proof, shall be entitled to judgment, with costs of suit which, when collected, shall be added to the principal of the township fund. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑14) (from Ch. 122, par. 15‑14) Sec. 15‑14. Unsold lands subject to sale thereafter. All lands not sold at public sale, as herein provided for, shall be subject to sale at any time hereafter, at the valuation as provided in Section 15‑‑10, and the county superintendents shall, if possible, sell all such lands at private sale, upon the terms at which they were offered at public sale. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑15) (from Ch. 122, par. 15‑15) Sec. 15‑15. Valuation of unsold land. Where common school lands have been valued under Section 15‑‑10 and have remained unsold for 2 years after having been offered for sale in conformity to this Article, the trustees of schools or township land commissioners where the lands are situated may, without any petition having been filed, vacate the valuation thereof by an order entered in Book A of the county superintendent, and make a new valuation. They shall make a new valuation in the same manner as the former, and shall deliver to the county superintendent a plat of the land at such new valuation with the order of vacation, whereupon the county superintendent shall offer the land for sale as if no former valuation has been made. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑16) (from Ch. 122, par. 15‑16) Sec. 15‑16. Certificate of purchase. Upon the completion of every sale the county superintendent shall deliver to the purchaser a certificate of purchase including the name and residence of the purchaser and the price and description of the land. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑17) (from Ch. 122, par. 15‑17) Sec. 15‑17. Patents. Every purchaser of common school lands shall be entitled to a patent from the State, conveying and assuring the title. Patents shall be issued by the Secretary of State from returns made to him by the county superintendent, township land commissioners or county board of school trustees as the case may be. They shall contain a description of the land granted and shall be in the name of and signed by the Governor, with the great seal of State affixed thereto by the Secretary of State, and shall operate to vest in the purchaser a title in fee simple. When patents are so executed the Secretary of State shall note on the list of sales the date of each patent in such manner as to perpetuate the evidence of its date and delivery and thereupon transmit it to the county superintendent of the proper county, to be by him delivered to the patentee, his heirs, or assigns, upon the return of the original certificate of purchase, which certificate, when returned, shall be filed and preserved by the county superintendent. All such patents for school lands, or certified copies thereof from any record legally made, shall, after 10 years from the date of the patent, and such sale having been acquiesced in for 10 years by the inhabitants of the township in which the land so conveyed is situated, be conclusive evidence as to the legality of the sale, and that the title to such land was, at the date of patent, legally vested in the patentee. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑18) (from Ch. 122, par. 15‑18) Sec. 15‑18. Copies of lost certificates or patents. Purchasers of common school lands, and their heirs or assigns, may obtain certified copies or certificates of purchase and patents upon filing an affidavit with the county superintendent in respect to certificates and with the Secretary of State in respect to patents, proving the loss or destruction of the originals, which copies shall have the effect of originals. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑19) (from Ch. 122, par. 15‑19) Sec. 15‑19. Dedication of streets and highways. The trustees of schools or township land commissioners may dedicate to public use for street and highway purposes as much of the unimproved common school lands as may be necessary to open or extend any street or highway which may be ordered by the municipal authorities to be opened or extended, if they are of the opinion that the benefit to accrue from the opening or extending of such street or highway will compensate for the strip so dedicated. It is unlawful for any street or other railroad company to lay tracks on any strip of the common school lands so dedicated, or use them or any part thereof for railroad or street railroad purposes, except upon the purchase or lease thereof from the proper authorities or upon payment to the school fund of the township of the value of such use or land the same as if no street or highway had been laid out thereon, to be determined by condemnation proceedings. This section does not affect existing leases or contracts for the lease or purchase of common school lands. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑20) (from Ch. 122, par. 15‑20) Sec. 15‑20. Books to be kept. The county superintendent shall keep 3 books, to be known and designated by the letters A, B, and C. In book A he shall record at length all petitions presented to him for the sale of common school lands, the plats and certificates of valuation made by or under the direction of the trustees of schools, or the township land commissioners, and the affidavits in relation to the same. In book B he shall keep an account of all sales of common school lands, including the date of sale, name of purchaser, description of land sold and the selling price. In book C he shall keep a regular account of all moneys received or paid out; from whom received, on what account, showing whether it is principal or interest, the rate of interest, and a description of the real estate taken as security; if paid out, to whom, when, and on what account, the amount of the sales and the account of each township fund to be kept separate. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑21) (from Ch. 122, par. 15‑21) Sec. 15‑21. Statements to be presented. At the regular meeting of the county board in each year the county superintendent shall present, first, a statement showing the sales of school lands made subsequent to the first regular term of the previous year, which shall be a copy of the sale book (book B); second, a statement of the amount of money received, paid, and in hand, belonging to each township or fund under his control, the statement of each fund to be separate; third, a statement copied from his loan book (book C), showing all the facts in regard to loans which are required to be stated in the loan book. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑22) (from Ch. 122, par. 15‑22) Sec. 15‑22. Record of report and statement. The county clerk shall record and preserve the report of the county superintendent made to the county board at its first regular meeting in each year relating to the sale of school lands, the amount of money received, paid, loaned out and on hand, belonging to each township fund in his control, and the statement copied from the loan book of such county superintendent, showing all the facts in regard to loans which are required to be stated in the loan book. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑23) (from Ch. 122, par. 15‑23) Sec. 15‑23. Common school lands. The provisions of Sections 15‑1 through 15‑19, of this Article shall have no application to the sale of any of the common school lands of any township to a school district located within the township for use as a schoolhouse site, and the trustees of schools or township land commissioners in any township in which Section 16 or land granted in lieu thereof remains unsold may sell to the governing body of any such school district any tract of said common school lands where such tract has been legally selected as a schoolhouse site for said district. Where any tract of the common school lands of the township has been legally selected as a schoolhouse site by the voters of any school district within the township, the governing body of such school district may adopt a resolution reciting the fact that the voters have legally selected such tract as a schoolhouse site, describing it, setting forth the date of the election and the fact that a majority of the voters voting at the election selected the said tract as a schoolhouse site, and requesting the trustees of schools, or township land commissioners upon payment to them of not to exceed the sum authorized by the voters to be paid for any such tract, to execute an instrument indicating that said trustees of schools or township land commissioners of the township hold title to said tract for the use and benefit of such school district. A certified copy of such resolution shall be filed with the Clerk of the trustees of schools or township land commissioners, and it shall be the duty of said trustees of schools or township land commissioners of such township upon the filing of a certified copy of such resolution with the Clerk of the trustees of schools, or township land commissioners to execute an instrument of conveyance or an instrument of declaration, indicating that they hold title to such property for the use and benefit of said school district, which shall be filed of record in the office of the recorder. Notwithstanding the foregoing provisions of this Section, if the school district is a school district located in a Class I county school unit, or if the school district is a school district that has withdrawn from the jurisdiction and authority of the trustees of schools of a township and the township treasurer under subsection (b) of Section 5‑1, the resolution of the school board shall request the trustees of schools, township land commissioners, regional board of school trustees, or other school officials having title to the property, upon payment to them of not to exceed the sum authorized by the voters, to deliver to the school board a deed, executed by their president and their clerk or secretary, conveying good legal title to the property selected as a schoolhouse site to the school board of the school district. (Source: P.A. 88‑155.) |
(105 ILCS 5/15‑24) (from Ch. 122, par. 15‑24) Sec. 15‑24. Management of permanent funds. The common school lands and township loanable funds in Class I counties shall be managed and operated by township land commissioners who shall receive no salary. In counties of fewer than 220,000 inhabitants, there shall be 3 land commissioners, who shall be elected in the same manner as provided for the election of school directors, who shall serve the same terms as school directors and shall be organized in the same manner as school directors. In counties having 220,000 inhabitants or more but fewer than 2,000,000 inhabitants, the members of the regional board of school trustees shall be the township land commissioners, except that township land commissioners elected in any such county prior to the effective date of this amendatory Act of 1963 shall continue to serve until the end of the term for which they were elected. The township land commissioners shall hold title to, manage and operate all common school lands and township loanable funds of such township and receive the rents, issues and profits therefrom. Elections shall be conducted in accordance with the general election law. The land commissioners shall appoint a treasurer for a term of 2 years and fix his salary which shall not be changed during such term. The proceeds of the rents, issues and profits from such land and fund shall be promptly deposited with him upon its receipt by the land commissioners. After the payment of the necessary expenses incidental to the operation of such land and fund by orders drawn on the treasurer and signed by the president and secretary of the land commissioners, including actual expenses of the land commissioners, the net income from such land and fund including accumulated income undistributed at the effective date of this Act shall, upon an order drawn by such treasurer and signed by the president and secretary of such township land commissioners be distributed annually on or before February 1 as provided in this Act. (Source: P.A. 86‑225.) |
(105 ILCS 5/15‑25) (from Ch. 122, par. 15‑25) Sec. 15‑25. Reports of treasurer. The treasurer of the township land commissioners shall with respect to the common school lands and township loanable fund held by them make the reports to them required to be made by township treasurers to township school trustees, give bond as required of township treasurers, and perform the duties and exercise the powers of township treasurers. (Source: Laws 1961, p. 31.) |
(105 ILCS 5/15‑26) (from Ch. 122, par. 15‑26) Sec. 15‑26. Liquidation of permanent fund. Upon a petition signed by at least one hundred voters of any school township filed with the regional superintendent of schools asking that the permanent funds of such township be liquidated and distributed to the schools of said township, said regional superintendent of schools shall certify the proposition to the proper election authorities for submission to the electorate at a regular scheduled election in said township the proposition to liquidate such permanent funds and distribute the proceeds thereof to the schools of the said school township. Such funds may be deposited by the district either in the educational or operations and maintenance fund, or in both in such proportion as the school board shall determine. If the said proposition receives a majority of the votes cast upon such proposition the township land commissioners shall proceed to sell the lands included in the assets of the permanent fund and liquidate the permanent funds of said school township and distribute same in the manner provided in this Article; if the average income from the permanent funds of any school township for a period of three years amounts to less than $2500 the regional board of school trustees or the township land commissioners shall proceed forthwith to liquidate such funds and sell the lands included in the assets of the permanent fund without any petition or election. The expenses of liquidation shall be paid out of the moneys obtained from the liquidation. Upon completion of every sale of lands the township land commissioners or the regional board of school trustees, as the case may be, shall deliver to the purchaser a certificate of purchase including the name and residence of the purchaser and the price and description of the land. (Source: P.A. 86‑970.) |
(105 ILCS 5/15‑27) (from Ch. 122, par. 15‑27) Sec. 15‑27. Audit. In the month of July of each year and at such other times as they may think necessary the township land commissioners shall cause an audit to be made by a public accountant of all funds under their jurisdiction. A certified copy of such annual audit shall be filed with the regional superintendent of schools and the State Board of Education by October 15 each year. (Source: P.A. 81‑1508.) |
(105 ILCS 5/15‑28) (from Ch. 122, par. 15‑28) Sec. 15‑28. Township land commissioners successors to trustees of schools. The township land commissioners elected under the provisions of this Article shall be the successors to the trustees of schools elected under "An Act in relation to the establishment, operation and maintenance of public schools, providing for the transportation of and scholarships in institutions of higher learning for students of all schools, and to repeal certain acts herein named", approved March 18, 1961, as amended with respect to the common school lands and township loanable fund of the township. All rights of property of the common school lands and causes of action existing or vested in the trustees of schools elected under such Act as amended shall vest in the township land commissioners as successors in as complete a manner as they we
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