Will County’s Options For Old County Courthouse Limited

At its Thursday, March 16, meeting, the Will County Board learned of a host of legal restrictions to any reuse of the old Will County Courthouse building. The board already has authorized significant funding to study the cost of demolition.

In a memo from the office of Will County State’s Attorney James Glasgow, the board learned the legal parameters for deciding its ultimate fate. First, if the building is allowed to remain, under Illinois law, preservation and adaptive reuse would not qualify as a public use, of which would be a requirement for the structure. It also could not be used as housing, because there is no provision for that in the County’s Code, which requires that the building be used “directly for purposes related to functions of government.” The memo notes the courthouse’s designation as an historic building, but declares that to be honorary in nature and is no impediment to demolition.

A second point the memo raises is the Illinois General Assembly would have to pass a law allowing transfer of the building to a non-governmental entity for the purpose of preserving its architecture. Also, there is no need for state review of demolition of the structure because no state funding or permits would be required.

In conclusion, the board learned that, unless and until, the Illinois General Assembly enacts legislation declaring preservation and adaptive reuse as a public use and further authorizes a unit of government, such as the county, to transfer property held in trust for public purposes to a non-government entity, Will County is without legal authority to transfer the building for purposes of preservation. If the building is demolished as proposed, it must use the land for a public purpose that would be determined by the County Board.