Duck hunting club fighting rules Illinois
October 27th, 2005 by Administrator
Duck hunting club may fight ruling - HENNEPIN - A large Putnam County duck hunting club that just lost an appellate court battle in a property assessment case involving definitions of farmland has not ruled out appealing to the Illinois Supreme Court, its president said Tuesday.
“We’re not closing the door on any of our options,” said David Schulz of Evanston, a general contractor who is president of the 188-year-old Senachwine Club.
“We just got the decision, and I haven’t even had time yet to discuss it with our attorney,” he said.
The club, one of the largest and most exclusive of many located along the Illinois River, challenged the Putnam County supervisor of assessments’ decision to reclassify its property as recreational rather than agricultural for tax purposes. The change in assessment initially more than doubled the club’s annual tax bill, from about $9,500 to more than $22,000.
But a 3rd District Appellate Court ruling issued last week sided with the county Board of Review, Illinois Property Tax Appeals Board, and a circuit judge in upholding the reassessment. Although the club plants corn on about 115 of its 2,138 acres each year, its purpose is to attract ducks rather than produce a crop for harvest, which is required for agricultural assessment, the justices held.
“The land was non-agricultural because its primary purpose was duck hunting,” the opinion stated.
The club’s attorney, Steven Mills of Springfield, argued some legal precedents allow for a broader classification of agricultural use. But the appellate court ruled the narrow question of whether the land was used “solely for the growing and harvesting of crops” was the relevant consideration in this case.
“We’re certainly disappointed with the decision. We’re disappointed that the court adopted such a narrow definition of farmland,” Schulz said. “But we’re respectful of the court.”
The club has recently acquired a lowered assessment and tax bill in Putnam County by planting trees on some of its property in a forestry program.
BY GARY L. SMITH
OF THE JOURNAL STAR