Carol Cole Wants Shelby County Farm To Be Cash Leased –

Shelby Co., Ill. (ECWd) –

Shelby County Board Farm Committee Chairman Carol Cole placed cash renting the county farm on the agenda for tonight’s farm committee meeting.

This will continue to be a contentious issue moving into 2025.

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Some history on issues with the Shelby County Farm:

• A previous county board quit leasing or renting the county farm because it recognized the constitutional requirement that any such leasing or renting must be for a public purpose, and that leasing or cash renting to a private individual for his personal and private use does not satisfy the public purpose requirement.
• In February 2021, and at this link, former State’s Attorney Nichole Kroncke confirmed she researched the matter of leasing the farm and confirmed that AG Opinions and case law indicate you can’t lease the property for private purposes.
• Former State’s Attorney Robert Hanlon had also stated there was no public purpose for leasing or cash renting the county farm to an individual’s private gain.
• On March 9, 2023, during a county board meeting, Carol Cole made a claim it was her understanding that there were human remains buried on the county farm along the fence row, but nobody knew where the fence row actually was (read it here – board meeting video in the article).
• Later, she admitted to, and it was reported in the Herald & Review, that Cole raised this burial issue for the sole purpose of trying to stop power poles from going across the field.
• In September 2023, one of the people who had farmed the county farm for 18 years told the public that the county board has known all along it was illegal to cash rent the farm (for individual gain) (article with video HERE).
• Then, there comes House Bill 1076. Its original language was stripped and added to so it would conform to the statutory and constitutional requirements that leases of public property must be for a public purpose:

“Counties and units of local government do need to make sure that whatever agreements they enter into regarding leasing farm ground abides by the Constitution as well.” (Video of the Third read in the Senate)

From the actual passed and signed HB1076 (now Public Act 103-0415) Please click the link and read it straight from the General Assembly’s website:  “. . . upon three-fourths vote, by the full county board, the county board may lease farmland acquired or held by the county for any term not exceeding 5 years. Farmland may be leased to either public or private entities via a cash lease, crop-sharing arrangement, or custom farming arrangement. . . .”  – There is no language within the actual signed Public Act stating “for the ‘public purpose of financially supporting the operations of the government,’”  – It does not exist.

The legislative history of HB1076:

• • The only time such “public purpose of financially supporting the operations of the government” language was ever reduced to writing was in its original filing:  Introduced.  
  • Later, at a Hearing on HB1076, House Sponsor Yednock was asked if his intent with that specific language was to amend the Illinois Constitution, and his response was a denial that he was attempting to change the constitution.
  • The bill was amended by Senate Sponsor Plummer to remove the “public purpose of financially supporting the operations of the government” language, among other changes, and during the Senate floor debate the sponsor clearly stated that the counties would still have to comply with constitutional requirements (ie: Article VIII, Section 1).
  • Governor signed it into law as Public Act 103-0415.