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Illinois Compiled Statutes
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SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/Art. 15
(105 ILCS 5/Art. 15 heading)
ARTICLE 15.
COMMON SCHOOL LANDS
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105 ILCS 5/15-1
(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.)
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105 ILCS 5/15-2
(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 .)
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105 ILCS 5/15-3
(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.)
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105 ILCS 5/15-4
(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.)
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105 ILCS 5/15-5
(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.)
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105 ILCS 5/15-6
(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 .)
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105 ILCS 5/15-7
(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.)
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105 ILCS 5/15-8
(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.)
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105 ILCS 5/15-9
(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.)
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