Full Text of SB1225 103rd General Assembly
SB1225enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Property Tax Code is amended by changing | 5 | | Section 10-35 as follows:
| 6 | | (35 ILCS 200/10-35)
| 7 | | Sec. 10-35. Subdivision common areas.
| 8 | | (a) Residential property which is part of a development,
| 9 | | but which is individually owned and ownership of which | 10 | | includes the right,
by easement, covenant, deed or other | 11 | | interest in property, to the use
of any common area for | 12 | | recreational or similar residential purposes shall
be assessed | 13 | | at a value which includes the proportional share of the value
| 14 | | of that common area or areas.
| 15 | | Property is used as a "common area or areas" under this | 16 | | Section if
it is a lot, parcel, or area, the beneficial use and | 17 | | enjoyment of which
is reserved in whole as an appurtenance to | 18 | | the separately owned lots, parcels,
or areas within the | 19 | | planned development.
| 20 | | The common area or areas which are used for recreational | 21 | | or similar
residential purposes and which are assessed to a | 22 | | separate owner and are located
on separately identified | 23 | | parcels, shall be listed for assessment purposes at $1
per |
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| 1 | | year.
| 2 | | (b) In counties with 3,000,000 or more inhabitants, any | 3 | | person desiring to
establish or to reestablish an assessment | 4 | | of $1 for any parcel on the grounds of
common area status under | 5 | | this Section shall submit an application for the
assessment to | 6 | | the assessor. The application shall be submitted at the time
| 7 | | within which other applications for revisions of assessment | 8 | | may be made under
Section 14-35 by taxpayers in the township | 9 | | where the parcel is located, and
shall be in the form and | 10 | | accompanied by documentation, as the assessor may
require.
| 11 | | (b-5) In counties with fewer than 3,000,000 inhabitants, | 12 | | the chief county assessment officer may require any person | 13 | | desiring to establish or reestablish an assessment of $1 for | 14 | | any parcel on the grounds of common area status under this | 15 | | Section to submit an application for the assessment to the | 16 | | chief county assessment officer. The application shall be | 17 | | submitted no later than June 30 of the year for which the | 18 | | assessment is sought and shall be in the form and accompanied | 19 | | by documentation that the chief county assessment officer | 20 | | requires. | 21 | | (c) If a $1 assessment is established pursuant to the | 22 | | application it may be
maintained from year to year so long as | 23 | | the ownership or use of the parcel has
not changed. When any | 24 | | change in ownership, use or other relevant fact occurs it
| 25 | | shall be the duty of the new owner in cases of change in | 26 | | ownership, or of the
current owner in all other cases, to |
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| 1 | | notify the assessor in writing within 30
days of the change. | 2 | | The notice shall be sent by certified mail, return receipt
| 3 | | requested, and shall include the name and address of the | 4 | | taxpayer, the legal
description of the property, and the | 5 | | permanent index number of the property
where such number | 6 | | exists. If the failure to give such notification results in
| 7 | | the assessor continuing to assess the property at $1 in | 8 | | subsequent years in
error, the property shall be considered | 9 | | omitted property under Section 9-265.
Nothing in this Section | 10 | | shall be construed to limit the assessor's authority to
| 11 | | annually revise assessments subject to this Section under the | 12 | | procedures of
Section 9-85.
| 13 | | (d) No objection shall be made to the denial of an | 14 | | assessment of $1 under
this Section in any court except under | 15 | | Sections 21-175 and 23-5. No person may
object to or otherwise | 16 | | challenge the failure of any parcel to receive an
assessment | 17 | | of $1 under this Section in any proceeding in any court unless | 18 | | an
application for the $1 assessment was made under | 19 | | subsections subsection (b) and (b-5) of this
Section.
| 20 | | (Source: P.A. 85-1386; 88-455.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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