This page was created by Jane Darcovich. The last update was by Dan Harper.
What is a Forest?
In raising those questions, the litigants referred back to the law that governed forest preserves. The district was authorized to acquire only land that contained “one or more natural forests or parts thereof” or land that connected two properties that contained “one or more natural forests.”
It was unclear what qualified as a forest. As a general rule, the district relied on “expert” testimony and life-long residents of the area to determine the value of the land. These eyewitness accounts called into question several pieces of property the FPD wanted, especially when the testimony about plant and animal life was inconsistent with what was expected of a forest.
The courts placed limits on what lands the FPD could acquire. According to one trial judge, “It was not for the purpose of merely acquiring land to plant trees on, it was to preserve and protect forests in their natural state.” In 1924, the Illinois Supreme Court endorsed the same reasoning. The FPD, it said, had to demonstrate that whatever land it desired to purchase or condemn actually contained forests.
Even so, the courts sided with the district in most cases. While dozens of lawsuits were filed in the 1920s and 1930s, the Forest Preserve District continued to grow, acquiring more than 30,000 acres of land by 1940.