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Committee asks state's attorney to draft county policy for selling or leasing property after discussion of Bluff City offer
Summary
Kane County's administration committee asked the state's attorney's office to draft a formal policy for disposition of county parcels, citing the municipal code and the need for appraisals and environmental due diligence before considering sales such as the offer from "Bluff City."
Members of the Kane County Administration Committee directed the state's attorney's office on Wednesday to draft a formal policy and procedure for disposition of county-owned real estate before the committee considers specific sales.
Chris Weldon of the state's attorney's office told the committee the municipal code provides a useful starting point. "The municipal code does have an outline for these types of things when we're dealing with the sale of real estate," Weldon said, noting that a standardized policy would improve transparency and help manage fiduciary and liability responsibilities.
Weldon and Steven Ford, both from the state's attorney's office, said the due diligence process should be tailored to the property type. For a parcel under consideration from a party identified in discussion as Bluff City, officials flagged possible subsurface value and transportation funding constraints, and advised environmental examinations, appraisals and contractual protections as appropriate.
"The primary thing I note is for any framework, it's ensuring that the board has had the chance at the front end to consider potential terms," Ford said, explaining that the committee should evaluate whether property is in operational use, whether transportation funds or other restrictions attach to the land, and what appraisal and environmental work would be required.
Committee members asked the state's attorney's office to prepare a draft policy. Member Juvy said she did not want to discuss specific property disposition until a policy is in place; other members agreed that a consistent countywide procedure would avoid arbitrary decisions. Staff and counsel said they expect to circulate a proposed policy for committee review in short order.
Next steps: the state's attorney's office will draft a recommended policy and procedures for disposition of property (including due diligence steps and public-notice procedures) and return to the committee for review. The committee agreed to defer any specific sale decisions until it has an adopted policy and the requisite appraisals or environmental reports.
