Section 71-0505. Suits and prosecution

1.  The  commissioner  shall  have the power to bring actions suits or
  proceedings as in his judgment may be necessary or proper to perform any
  of the powers,  functions  or  duties  imposed  upon  him  or  upon  the
  department  or  any  division  thereof  by any of the provisions of this
  chapter listed in section 71-0501 or under titles 5 through 15 inclusive
  and title 33 of this article or to prevent the violation by any  person,
  public  or private, of any of the provisions thereof; and shall have the
  power to defend such actions, suits or proceedings as may arise  through
  the  performance  of any of the powers, duties or functions imposed upon
  him or upon the department or any division thereof.
    2. It shall be the duty of the Attorney General, when requested by the
  department,  to  appoint  an  Assistant  Attorney  General,   and   such
  assistants  as may be necessary and assign them to the department.  Such
  Assistant Attorney General and assistants shall receive salaries, to  be
  fixed  by  the  Attorney  General  within the appropriation therefor. It
  shall be the duty of  such  assistant,  in  the  name  of  the  Attorney
  General,  to  conduct  all  prosecutions  for  penalties  imposed by the
  provisions of this chapter listed in section 71-0501 or under  titles  5
  through  15  inclusive  and  title  33  of this article and to bring all
  actions, suits and proceedings, which the department shall be authorized
  to institute  and  maintain,  and  to  defend  all  actions,  suits  and
  proceedings brought against the department, its officers or employees of
  or  on  account of any act or any thing done by the said department, its
  officers or employees when such act or thing was, in the opinion of  the
  Attorney  General,  done  in  the  discharge  of any official duty or in
  reasonable exercise of authority.
    3. No action, suit or proceeding in which the title to  lands  of  the
  state  in  forest preserve counties shall be involved shall be withdrawn
  or discontinued, nor shall judgment therein against the state be entered
  on  consent  except  on  special  permission  of  the  court  and  after
  application  made  in open court, on which application all the terms and
  conditions of the settlement shall be fully stated in  writing  and  the
  reasons therefor set forth at length.