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County to Hold Conservation‑Easement Payments in Escrow While Staff Resolves Documentation

Kendall County Commissioners Court · May 12, 2026

Summary

Commissioners directed staff to work with bond counsel and conservancies to finalize invoices and contracts before making escrowed conservation‑easement payments, citing arbitrage rules and the need for individual invoices for each closing.

The court reviewed a request to authorize escrow payments for 13 previously approved conservation easements but stopped short of an immediate blanket payment, directing staff to finalize individual invoices and contract terms before releasing funds.

Rusty Buskey (land/conservation staff) presented the list of properties and asked to have payments placed in escrow so closings could proceed. County auditor Corinna cautioned that, because the purchases were financed with a nontaxable bond, the county must document invoices and track arbitrage calculations to ensure compliance; she said she would not approve claims without invoices. She reported the county has spent roughly $14.5 million to $20 million of the initial bond proceeds and emphasized the legal and accounting safeguards required before releasing funds into an interest‑bearing account.

General counsel and Bond Counsel will be consulted and staff said they expect to return with proposed contractual language; the court agreed to allow staff time to work with the conservancies and bond counsel and to bring the item back at a future court date.

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