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Board hears legal counsel: School Code does not authorize municipal easements on school property

Hinckley-Big Rock Community Unit School District #429 Board of Education · October 15, 2025
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Summary

During a Buildings, Grounds & Transportation update, the board relayed legal counsel's advice that Illinois School Code "does not contemplate an easement on school property for any other purposes {municipal eg water, sewer}. See 105 ILCS 5/5-30," in connection with the former Hinckley Concrete property.

Greg Pritchard updated the board on ongoing discussions about a right-of-way easement related to the district's acquisition of the former Hinckley Concrete property. He cited Legal Counsel's written guidance: "The School Code does not contemplate an easement on school property for any other purposes {municipal eg water, sewer}. See 105 ILCS 5/5-30." The comment frames a legal constraint the district must consider while negotiating property use or municipal requests.

Board members received the update as part of Buildings, Grounds & Transportation committee discussion; the committee's next meeting is scheduled Oct. 29. The board did not take final action at this meeting and was told the legal language and potential next steps will continue to be examined.