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March 2, 2024

Clark County Park District Vacated Subdivision Plat –

By John Kraft & Kirk Allen

On July 31, 2018


Our long-time readers will remember several years ago when the Clark County Park District voted to established a private subdivision on Park Property.

The then-board majority submitted a Plat (a surveyed and subdivided area of land) to be recorded by the County Clerk, for a private subdivision. This was one of the steps needed to “lease” lots for housing for 50 years, plus 50 years. We wrote about it (here).

This decision and the other decisions revolving around the leased lots led to our lawsuit against the Park District, which resulted in our unanimous Appellate Court victory (read it here) over the District.

It also led to a near-complete turn-over of the Park District Board of Trustees, where the newest ones campaigned on a “Stop the Leased Lots” pledge.

During the July 2018 Park District Board Meeting, they made true on their pledge and voted to approve two separate resolutions:

  1. Resolution declaring the [leased lots platted land] was needed for park and recreational use.
  2. Resolution to vacate the Plat [for leased lots] due to the property being declared park and recreational use.

The Resolutions are at the Clark County Clerk’s Office, but there are still a couple of items that must be done before the actual vacating can occur.

According to the Plat Act, 765 ILCS 205, Section 6, the following must occur before the Co. Clerk can vacate the Plat:

  • Any plat may be vacated by the owner of the premises at any time before the sale of any lot therein, by a written instrument to which a copy of the plat is attached, declaring it to be vacated
  • The instrument shall be approved by the … county board in the same manner as plats of subdivisions
  • The instrument shall also be submitted for approval to the Highway Commissioner, County Engineer, District Engineer of the Illinois Department of Transportation, and to public utilities involved
  • The County Recorder writes in plain letters across the plat . . . the word “vacated” and shall make reference on the same to volume and page in which the instrument of vacation is recorded

Once the four above items are completed, the Mill Creek Ridge Subdivision plat is vacated.


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