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Amending Chapter 2 (Administration), Article VI (Purchasing) of the Kane County Code to Establish Procedures for Disposition of County-Owned Surplus Real Property
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WHEREAS, pursuant to section 5-1004 of the Counties Code (55 ILCS 5/5-1004), the Kane County Board shall exercise the powers of the County of Kane as a body corporate or politic; and
WHEREAS, section 5-1005(1) of the Counties Code (55 ILCS 5/5-1005(1)) authorizes the County of Kane to purchase and hold real and personal estate necessary for the uses of the county; and
WHEREAS, section 5-1005(2) of the Counties Code (55 ILCS 5/5-1005(2)) authorizes the County of Kane to sell and convey or lease any real or personal estate owned by the county; and
WHEREAS, section 5-1005(3) of the Counties Code (55 ILCS 5/5-1005(3)) authorizes the County of Kane to make all contracts and do all other acts relating to the property and concerns of the county necessary to the exercise of its corporate powers; and
WHEREAS, the Kane County Board desires to amend the Kane County Code to establish procedures for the disposition of surplus County-owned real estate; and
WHEREAS, except as otherwise provided in this Ordinance, all other provisions in Chapter 2, Article VI of the Kane County Code shall remain unchanged and in full force and effect.
NOW, THEREFORE, BE IT ORDAINED by the Kane County Board that Chapter 2 (Administration), Article VI (Purchasing), Division 1 (General Provisions), Section 2-207(C) (Definitions) shall be amended as follows (underline indicates insertion of text; strike through indicates deletion):
FAIR MARKET VALUE: The price a willing, well-informed buyer would pay, and a willing, well-informed seller would accept, for the real property, as determined by a qualified appraiser, licensed by the State of Illinois.
SURPLUS PERSONAL PROPERTY: Any tangible county owned personal property no longer having any use to the county. Surplus property includes obsolete supplies, scrap materials, vehicles, equipment and nonexpendable supplies that have completed their useful life cycle.
SURPLUS REAL PROPERTY: Any real property owned by the County that, in the opinion of the Kane County Board, is no longer necessary, appropriate, required for the use of, profitable to, or for the best interest of the County to continue to own and maintain.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Kane County Board that Article VI (Purchasing), Division 2 (Procurement Organization), Section 2-208(B)(5) (Official) shall be amended as follows (underline indicates insertion of text; strike through indicates deletion):
B. In accordance with this article and subject to the direction of the Kane County board Board, the finance committee, and the director of finance, the director of purchasing shall:
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5. Sell, trade, transfer, or otherwise dispose of surplus county property County Surplus Personal Property.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Kane County Board that Chapter 2 (Administration), Article VI (Purchasing), of the Kane County Code shall be amended to add a new Division, titled “Disposition Procedures for County-Owned Surplus Real Property” which shall read as follows:
Section 1. Policy and Purpose. It is the policy of the County to identify and develop a procedure to dispose of County-owned real property that, in the opinion of the Kane County Board, is no longer necessary, appropriate, required for the use of, profitable to, or for the best interest of the County to continue to own and maintain. The disposition process shall be conducted transparently to serve a public purpose consistent with Illinois law and to achieve the maximum possible benefit to the County.
Section 2. Declaration of Surplus Real Property.
A. Identification. Any department head or elected official may identify County-owned real property and report such real property to the Administration Committee for further evaluation as to whether it constitutes Surplus Real Property. In the event of an unsolicited interest in the purchase of County-owned real property, the Chair of the Administration Committee shall be notified of such interest within thirty (30) days.
B. Property Assessment. Upon notice of County-owned real property that may be declared to be Surplus Real Property, the Administration Committee or its designee shall prepare a property assessment, which shall include:
1. A description of the real property, including the property’s address, size, zoning, improvements, acquisition date, source of any funds used to acquire the property, and the property’s historical and current use.
2. An analysis of potential alternative uses, including whether any other County departments or offices have a need or planned use for the real property, and the potential public benefits and financial impacts of a future sale or disposition.
3. An analysis of potential terms of sale and due diligence factors that may be a part of a future sale or disposition.
C. Resolution to Declare Surplus Real Property. Upon completion of the property assessment process, the Administration Committee may direct a County department head to propose a resolution to declare specific County-owned real property as Surplus Real Property, establish terms for a potential sale, and authorize a method of disposition, subject to the following procedure:
1. Prior to approving a resolution to declare County-owned real property as Surplus Real Property, the Kane County Board shall hold a public hearing to consider the declaration, the terms for a potential sale, and a method of disposition. The public hearing shall be conducted in accordance with the Open Meetings Act with notice published as required by Illinois law.
2. Following the public hearing, the Kane County Board may pass a resolution to declare specific County-owned real property as Surplus Real Property, establish terms for the sale, and authorize a method of disposition.
Section 3. Disposition of Surplus Real Property.
A. Methods of Disposition. The County may dispose of Surplus Real Property using one of the following methods:
1. Sealed Bids: The County may solicit sealed bids from the public, in a manner consistent with this Article.
2. Negotiated Sale: The County may engage a licensed real estate agency, pursuant to this Article, to list the Surplus Real Property.
B. Conditions of Sale. The Kane County Board may accept a contract proposal to purchase Surplus Real Property that it determines to be in the best interest of the County by a vote of two-thirds (2/3) of the Kane County Board members present. All sales shall be subject to the following conditions:
1. The County shall not provide any warranties, express or implied as it relates to title of the Surplus Real Property. Title to real property shall be conveyed by Quitclaim Deed.
2. All costs associated with the transfer of Surplus Real Property, including surveys, title insurance, and recording fees, shall be the responsibility of the purchaser.
3. The completion of an appraisal to determine the Fair Market Value of the Surplus Real Property. An appraisal may only be obtained upon direction by the Administration Committee or the County Board. In no event shall Surplus Real Property be sold at a price less than eighty percent (80%) of the appraised value.
C. Proceeds. All funds realized from the sale of Surplus Real Property shall be deposited into the County treasury in the general fund, unless otherwise specified by law.
D. Notwithstanding any provision of this section, the Kane County Board may authorize a sale of County-owned property in accordance with the Local Government Property Transfer Act (50 ILCS 605).
Passed by the Kane County Board on May 12, 2026.
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John A. Cunningham, MBA, JD, JD Corinne M. Pierog MA, MBA
Clerk, County Board Chairman, County Board
Kane County, Illinois Kane County, Illinois
Vote: