Future Interests - Possibilities of Reverter - Constitutionality of Retroactive Limitation

The township school trustees brought actions under the Reverter Act to have the possibilities of reverter contained in the deeds to two currently unused school tracts declared invalid. In each case the trial court held that the possibility of reverter was alienable and that the Reverter Act was unconstitutional, being an ex post facto law and in violation of the due process clauses of the state and federal Constitutions. On appeal, held, reversed. Since possibilities of reverter in Illinois are merely expectancies subject to change, modification, or abolition by legislative action, the act does not result in an unconstitutional taking of property.

Trustees of Schools of Township No. 1 v. Batdorf, 6 Ill. (2d) 486, 130 N.E. (2d) 11 I (1955).