Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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35 ILCS 200/11-75
(35 ILCS 200/11-75)
Assessment date for railroad companies.
The Department shall
assess all property owned or used by railroad companies operating within this
State, as of January first annually, except property found by the Department to
be non-carrier real estate.
The assessment of the property of any railroad company shall be based upon
the value of property defined in Section 11-70, less the percentage of the
total value which consists of operating or non-operating personal property.
(Source: P.A. 86-173; 86-905; 86-1028; 88-455.)
35 ILCS 200/11-80
(35 ILCS 200/11-80)
Assessment procedure for railroad companies.
the taxable property of any railroad company, the Department shall first
determine 33 1/3% of the fair cash value of all the property of any railroad
company as a unit, but shall make due allowance for any non-carrier real estate
and all personalty.
The Department shall take into consideration the actual or market value of
the shares of stock outstanding, the actual or market value of all bonds
outstanding and all other indebtedness as is applicable, for operating the
road. In determining the market value of the stock or indebtedness the
Department shall consider quotations for the 5 years preceding the assessment
date; the net earnings of the company during the 5 calendar years preceding the
assessment date; and such other information as the Department may consider as
bearing on the fair cash value of the property. The valuation by the
Department shall include capital stock and all other property of railroad
companies, except non-carrier real estate. The above facts shall not be
conclusive upon the Department in determining 33 1/3% of the fair cash value of
the property of a railroad company.
The Department shall determine the equalized assessed value of the taxable
property of every railroad company by applying to its determination of 33 1/3%
of the fair cash value of the property an equalization factor equal to the
statewide average ratio of the equalized assessed value of locally assessed
property to 33 1/3% of the fair cash value of such locally assessed property.
The Department shall assess the value of all operating property acquired by a
railroad company or its wholly-owned subsidiary by trade with a municipality,
which is situated in a state contiguous to Illinois, at no greater value than
the value of the operating property traded to the municipality for the property
by the railroad company. The value shall be that value established for the
year immediately preceding the calendar year of the trade. The assessment
shall not increase, but may decrease, during the 10 years following the
calendar year of the trade.
(Source: P.A. 86-173; 86-905; 86-1028; 88-455.)
35 ILCS 200/11-80.1
(35 ILCS 200/11-80.1)
High-speed passenger rail project.
Due to the importance of developing high-speed or faster rail service, the General Assembly finds that it should encourage freight railroad owners to participate in State and federal government programs, including cooperative agreements designed to increase the speed of passenger rail service, that participation in those programs should not result in increased property taxes, and that such an increase in property taxes could negatively impact the participation in those programs. Therefore, the Department shall take into consideration any potential increase in a property's overall valuation that is directly attributable to the investment, improvement, replacement, or expansion of railroad operating property on or after January 1, 2010, through State or federal government programs, including cooperative agreements, necessary for higher speed passenger rail transportation. Any such increase in the property's overall valuation that is directly attributable to the investment, improvement, replacement, or expansion of railroad operating property on or after January 1, 2010, through State or federal government programs necessary for higher speed passenger rail transportation, including cooperative agreements, shall be excluded from the valuation of its real property improvements under Section 11-80. This Section applies on and after the effective date of this amendatory Act of the 97th General Assembly and through December 31, 2019.
(Source: P.A. 97-481, eff. 8-22-11.)
35 ILCS 200/11-85
(35 ILCS 200/11-85)
Every railroad company shall, on or before
June 1 of each year, when required, make out and file with the Department a
statement or schedule showing the property held for right of way, whether
owned, leased, or operated under trackage right agreement, and the length of
the first, second, third and other main and all side tracks and turnouts, and
the number of acres of right of way in each county of this State and in each
taxing district of this State, through or into which the road may run. It shall
describe all improvements and stations located on the right of way, giving the
quantity, quality, character and original cost of each. It shall also report
all non-operating personalty owned or controlled by the company on January 1,
giving the quantity, quality, character and location of the same. The report shall also include any potential increase in the property's overall valuation that is directly attributable to the investment, improvement, replacement, or expansion of railroad operating property on or after January 1, 2010, through State or federal governmental programs, including cooperative agreements, necessary for higher speed passenger rail transportation through December 31, 2019. New companies
shall make the statement on or before the June 1 after the location of their
When the statement has once been made, it is not necessary to report the
description as required above unless directed to do so by the Department, but
the company shall, on or before June 1, annually, report all additions or
changes in its property in this State as have occurred.
The return required by this Section should be made by the using company, but
all property which is operated under one control shall be returned as provided
in this Section.
(Source: P.A. 97-481, eff. 8-22-11.)
35 ILCS 200/11-90
(35 ILCS 200/11-90)
Each year every railroad company in this
State shall return to the Department, in addition to any other information
required by this Code, sworn statements or schedules as follows:
(a) The amount of capital stock authorized and the
total number of shares of capital stock.
(b) The amount of capital stock issued and
(c) The market value, or if no market value then the
estimated value, of the shares of stock outstanding.
(d) The total amount of all bonds outstanding and all
(e) The market value, or if no market value then the
estimated value, of all bonds outstanding and all other indebtedness.
(f) A statement in detail of the entire gross
receipts and net earnings of the company during the 5 calendar years preceding the assessment date within this State, and of the entire system from all sources.
(g) The length of the first, second, third and other
main tracks and all side tracks and turnouts showing the proportions within this State and elsewhere.
(h) The reproduction cost of the property within
Illinois and the total reproduction cost of all property of the company. The reproduction cost, so far as applicable, shall be as last determined by the United States Interstate Commerce Commission, or other competent authority, plus additions and betterments, less retirements and depreciation to the December 31 preceding the assessment date.
(i) An enumeration and classification of all rolling
stock and car equipment owned or leased by the company. The classification shall show type of equipment and circumstances of ownership and use. The enumeration shall include rolling stock used over the track of other companies under any trackage right agreement. All other property used in connection with a trackage right agreement shall be listed.
(j) Any other information the Department may require
to determine the fair cash value of the property of any railroad company, or necessary to carry out the provisions of this Code, including information pertaining to any potential increases in the property's overall valuation that is directly attributable to the investment, improvement, replacement, or expansion of railroad operating property on or after January 1, 2010, through State or federal governmental programs, including cooperative agreements, necessary for higher speed passenger rail transportation through December 31, 2019.
Such statements or schedules shall conform to the instructions and forms
prescribed by the Department.
In cases where a railroad company uses property owned by another, the return
shall be made by the using company and all property operated under one control
shall be returned as provided above.
(Source: P.A. 97-481, eff. 8-22-11.)
35 ILCS 200/11-95
(35 ILCS 200/11-95)
Listing of non-carrier real estate.
Every railroad company
subject to assessment in this State shall annually return to the Department a
list of its non-carrier real estate in this State, providing its description,
the current assessed value, and the estimated true value of all non-carrier
real estate both within and outside of this State, and any other information
the Department may require. The Department shall examine the list and make
whatever additions or alterations it may find necessary, and transmit to the
proper assessing officials of each county in which non-carrier real estate is
located, the list described above, together with any other information it
considers pertinent. If additions or alterations to the list are made by the
Department, the revised list shall also be sent to the reporting carrier. The
proper assessing officials of each county shall then assess the non-carrier
real estate in the same manner as similar locally assessed property belonging
to individuals, except that it shall be treated as property belonging to
railroads. If any parcels are not platted, any description is sufficient which
would enable a competent surveyor to locate the property.
Property listed as non-carrier real estate shall also include the property
index number in counties where such a numbering system has been adopted.
(Source: P.A. 84-777; 84-1013; 88-455.)
35 ILCS 200/11-100
(35 ILCS 200/11-100)
Proration of value; property outside of State.
If any railroad
company owns or uses operating property partly within and partly outside of
this State, the Department shall determine the value of the entire operating
property of the railroad but shall take only that part of the entire value as
is represented by the average percentage of (a) the length of all track
including main, second and additional main track, side track and turnouts
within this State, (b) its gross revenues arising from railroad operations in
this State, (c) the reproduction cost of its operating property within this
State, as determined by the Interstate Commerce Commission of the United
States, or other competent authority, plus additions and betterments, less
retirements and depreciation. Nothing in this section shall be construed to
preclude the use or substitution of other factors or methods as may appear
reasonable and necessary in determining the proportion of a railroad's
operating property within this State.
(Source: Laws 1939, p. 886; P.A. 88-455.)
35 ILCS 200/11-105
(35 ILCS 200/11-105)
Description of railroad track.
The right of way, including the
superstructures of first, second, third and other main tracks and all side
tracks and turnouts, and the stations and improvements of the railroad company
on the right of way and all other taxable operating property of the railroad
company shall be denominated "railroad track" and shall be so listed and
valued. "Railroad track" shall be described in the assessment thereof as a
strip of land extending on each side of the track and embracing the same,
together with all the stations and improvements and other taxable operating
property thereon, commencing where the track crosses the boundary line in
entering the taxing district, and extending to where the track crosses the
boundary line leaving the taxing district, or to the point of termination in
the district, as the case may be, containing .... acres, more or less
(inserting name of taxing district, boundary line of same, and number of acres
and length in miles), and when advertised or sold for taxes no other
description is necessary. Where a railroad company has taxable operating
property in taxing districts in which it owns or uses no tracks or trackage
rights, the property shall be described the same as similar property belonging
(Source: P.A. 81-1stSS-1; 88-455.)
35 ILCS 200/11-110
(35 ILCS 200/11-110)
Certification of railroad assessments.
The equalized assessed
value of the operating property of every railroad company subject to
assessment, when determined as prescribed in Section 11-80, shall be listed and
taxed in the several taxing districts in the proportion that the length of all
the track owned or used in such taxing district bears to the whole length of
all the track owned or used in this state, except the value of all buildings of
an original cost exceeding $1,000, which are considered to have a situs in the
taxing district in which they are located. Where any railroad company operates
in this State, in whole or in part over the tracks of another company, under
any trackage right agreement, the value of the trackage rights, including the
other taxable operating property (except buildings of an original cost
exceeding $1,000) used or connected therewith, shall be taxed in each taxing
district in the proportion that the length of all the track so used under the
agreement, in the taxing district bears to the whole length of all the track so
used in this state. Where a railroad company holds taxable operating property
in a taxing district, and owns or uses no tracks, or trackage rights in that
district, the property shall be taxed in the taxing district.
The Department shall distribute the equalized assessed value of the taxable
property of every railroad company (other than non-carrier real estate), when
determined as prescribed in Section 11-80, to the respective taxing districts
entitled to it and shall certify the same to the county clerks of the
respective counties, who shall extend taxes against those values the same as
against other property in the taxing districts.
(Source: P.A. 81-1stSS-1; 88-455.)
35 ILCS 200/11-115
(35 ILCS 200/11-115)
Failure to file schedules.
In case any railroad company
neglects to return to the Department any statements or schedules required to be
returned to the Department, within the time required, the Department shall
proceed to assess the property of the railroad company according to its best
information and judgment at 33 1/3% of its fair cash value, and may add to the
valuation thereof an amount equal to 50% of the valuation. If good cause is
shown, the Department may, in its discretion, grant reasonable extensions of
time for filing any required statement or schedule.
Anyone who makes any statement or schedule to the Department and wilfully
swears falsely in any material matter shall be guilty of perjury and punished
No railroad company wilfully refusing or neglecting to return any information
required by this Code shall be heard to object to the legality of its
assessment in any court of this state.
(Source: P.A. 79-703; 88-455.)