(105 ILCS 5/Art. 15 heading)
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:
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.
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 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 …..
(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 were vested in the trustees of schools elected
under such Act as amended. All records, moneys, securities and other assets
of the common school lands of the several school townships in the county
and any obligations owing to such school townships shall be transferred by
the several boards of township trustees to the township land commissioners.
Such township land commissioners are empowered to receive such records and
assets. All assets so received shall be credited to the respective school
township from which they were received.
The township land commissioners shall designate a depositary for their
treasurer in the manner provided in Section 8-7 of this Act insofar as
applicable.
(Source: Laws 1967, p. 509.)
(105 ILCS 5/15-29) (from Ch. 122, par. 15-29)
Sec. 15-29.
Bond.
It shall be the duty of the township land commissioners to examine the
bond of its treasurer and if found to be in proper form in the proper
amount with good and sufficient securities to approve same. If at any time
the said township land commissioners deem it necessary it shall require its
treasurer to execute a new bond but the execution of such new bond shall
not affect the old bond or the liabilities of the sureties thereon.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/15-30) (from Ch. 122, par. 15-30)
Sec. 15-30.
Liability of township land commissioners.
If the township land commissioners fail to observe the provisions of
this Act in reference to the distribution of funds and property, they shall
be individually and jointly liable to the district interested in a civil
action to the full amount of the damages sustained by the district
aggrieved.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/15-31) (from Ch. 122, par. 15-31)
Sec. 15-31. Disposition of funds upon liquidation of permanent funds.
Any funds received as the result of the liquidation of the permanent
funds belonging to any school township shall after the payment of the
necessary expenses connected therewith be apportioned and distributed to
the school districts or parts of districts of such township — including,
in the case of the liquidation of the permanent funds belonging to any
school township in a Class II county school unit, any school district
located in such township which theretofore withdrew from the jurisdiction
and authority of the trustees of schools of that township and from the
jurisdiction and authority of the township treasurer as provided in
subsection (b) of Section 5-1 — in which
schools have been kept as required by law during the preceding year ending
June 30 according to the number of pupils in average daily attendance in
grades one to eight, each inclusive, and upon the completion of such
liquidation and distribution and the submission of all reports required by
law the office of township land commissioners and their treasurer in such
township shall terminate.
(Source: P.A. 94-1105, eff. 6-1-07.)