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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
REVENUE (35 ILCS 200/) Property Tax Code. 35 ILCS 200/9-270
(35 ILCS 200/9-270)
Sec. 9-270. Omitted property; limitations on assessment. A charge for tax
and interest for previous years, as
provided in Sections 9-265 or 14-40, shall not be made
against any property for years prior to the date of ownership of the person
owning
the property at the time the liability for the
omitted tax was first
ascertained. Ownership as used in this section shall be held to refer to
bona fide legal and equitable titles or interests acquired for value and
without notice of the tax, as may appear by deed, deed of trust, mortgage,
certificate of purchase or sale, or other form of contract. No charge
for tax of previous years, as provided in Section 9-265,
shall be made against any property if (1) the assessor failed to notify the board of
review of an omitted assessment in accordance with subsection (a-1) of Section 9-260; (2) the property was
last
assessed as unimproved, the owner of the property gave notice
of
subsequent improvements and requested a reassessment as required by Section
9-180, and reassessment of the property
was not made
within the 16 month period immediately following the receipt of that
notice; (3) the owner of the property gave notice as
required by Section 9-265; (4) the assessor received a building permit
for the property evidencing that new construction had occurred or was
occurring on the property but failed to list the improvement on the tax
rolls; (5) the assessor received a plat map, plat of survey, ALTA
survey, mortgage survey, or other similar document containing the omitted
property but failed to list the improvement on the tax rolls; (6) the
assessor received a real estate transfer declaration indicating a sale
from an exempt property owner to a non-exempt property owner but failed
to list the property on the tax rolls; or (7) the property was the
subject of an assessment appeal before the assessor or the board of
review that had included the intended omitted property as part of the
assessment appeal and provided evidence of its market value. The owner of property, if known, assessed under this and the
preceding section shall be notified by the county assessor, board of
review or
Department, as the case may require.
(Source: P.A. 96-1553, eff. 3-10-11.)
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35 ILCS 200/9-275 (35 ILCS 200/9-275) Sec. 9-275. Erroneous homestead exemptions. (a) For purposes of this Section: "Erroneous homestead exemption" means a homestead exemption that was granted for real property in a taxable year if the property was not eligible for that exemption in that taxable year. If the taxpayer receives an erroneous homestead exemption under a single Section of this Code for the same property in multiple years, that exemption is considered a single erroneous homestead exemption for purposes of this Section. However, if the taxpayer receives erroneous homestead exemptions under multiple Sections of this Code for the same property, or if the taxpayer receives erroneous homestead exemptions under the same Section of this Code for multiple properties, then each of those exemptions is considered a separate erroneous homestead exemption for purposes of this Section. "Homestead exemption" means an exemption under Section 15-165 (veterans with disabilities), 15-167 (returning veterans), 15-168 (persons with disabilities), 15-169 (standard homestead for veterans with disabilities), 15-170 (senior citizens), 15-172 (low-income senior citizens assessment freeze), 15-175 (general homestead), 15-176 (alternative general homestead), or 15-177 (long-time occupant). "Erroneous exemption principal amount" means the total difference between the property taxes actually billed to a property index number and the amount of property taxes that would have been billed but for the erroneous exemption or exemptions. "Taxpayer" means the property owner or leasehold owner that erroneously received a homestead exemption upon property. (b) Notwithstanding any other provision of law, in counties with 3,000,000 or more inhabitants, the chief county assessment officer shall include the following information with each assessment notice sent in a general assessment year: (1) a list of each homestead exemption available under Article 15 of this Code and a description of the eligibility criteria for that exemption, including the number of assessment years of automatic renewal remaining on a current senior citizens homestead exemption if such an exemption has been applied to the property; (2) a list of each homestead exemption applied to the property in the current assessment year; (3) information regarding penalties and interest that may be incurred under this Section if the taxpayer received an erroneous homestead exemption in a previous taxable year; and (4) notice of the 60-day grace period available under this subsection. If, within 60 days after receiving his or her assessment notice, the taxpayer notifies the chief county assessment officer that he or she received an erroneous homestead exemption in a previous taxable year, and if the taxpayer pays the erroneous exemption principal amount, plus interest as provided in subsection (f), then the taxpayer shall not be liable for the penalties provided in subsection (f) with respect to that exemption. (c) In counties with 3,000,000 or more inhabitants, when the chief county assessment officer determines that one or more erroneous homestead exemptions was applied to the property, the erroneous exemption principal amount, together with all applicable interest and penalties as provided in subsections (f) and (j), shall constitute a lien in the name of the People of Cook County on the property receiving the erroneous homestead exemption. Upon becoming aware of the existence of one or more erroneous homestead exemptions, the chief county assessment officer shall cause to be served, by both regular mail and certified mail, a notice of discovery as set forth in subsection (c-5). The chief county assessment officer in a county with 3,000,000 or more inhabitants may cause a lien to be recorded against property that (1) is located in the county and (2) received one or more erroneous homestead exemptions if, upon determination of the chief county assessment officer, the taxpayer received: (A) one or 2 erroneous homestead exemptions for real property, including at least one erroneous homestead exemption granted for the property against which the lien is sought, during any of the 3 collection years immediately prior to the current collection year in which the notice of discovery is served; or (B) 3 or more erroneous homestead exemptions for real property, including at least one erroneous homestead exemption granted for the property against which the lien is sought, during any of the 6 collection years immediately prior to the current collection year in which the notice of discovery is served. Prior to recording the lien against the property, the chief county assessment officer shall cause to be served, by both regular mail and certified mail, return receipt requested, on the person to whom the most recent tax bill was mailed and the owner of record, a notice of intent to record a lien against the property. The chief county assessment officer shall cause the notice of intent to record a lien to be served within 3 years from the date on which the notice of discovery was served. (c-5) The notice of discovery described in subsection (c) shall: (1) identify, by property index number, the property for which the chief county assessment officer has knowledge indicating the existence of an erroneous homestead exemption; (2) set forth the taxpayer's liability for principal, interest, penalties, and administrative costs including, but not limited to, recording fees described in subsection (f); (3) inform the taxpayer that he or she will be served with a notice of intent to record a lien within 3 years from the date of service of the notice of discovery; (4) inform the taxpayer that he or she may pay the outstanding amount, plus interest, penalties, and administrative costs at any time prior to being served with the notice of intent to record a lien or within 30 days after the notice of intent to record a lien is served; and (5) inform the taxpayer that, if the taxpayer provided notice to the chief county assessment officer as provided in subsection (d-1) of Section 15-175 of this Code, upon submission by the taxpayer of evidence of timely notice and receipt thereof by the chief county assessment officer, the chief county assessment officer will withdraw the notice of discovery and reissue a notice of discovery in compliance with this Section in which the taxpayer is not liable for interest and penalties for the current tax year in which the notice was received. For the purposes of this subsection (c-5): "Collection year" means the year in which the first and second installment of the current tax year is billed. "Current tax year" means the year prior to the collection year. (d) The notice of intent to record a lien described in subsection (c) shall: (1) identify, by property index number, the property against which the lien is being sought; (2) identify each specific homestead exemption that was erroneously granted and the year or years in which each exemption was granted; (3) set forth the erroneous exemption principal amount due and the interest amount and any penalty and administrative costs due; (4) inform the taxpayer that he or she may request a hearing within 30 days after service and may appeal the hearing officer's ruling to the circuit court; (5) inform the taxpayer that he or she may pay the erroneous exemption principal amount, plus interest and penalties, within 30 days after service; and (6) inform the taxpayer that, if the lien is recorded against the property, the amount of the lien will be adjusted to include the applicable recording fee and that fees for recording a release of the lien shall be incurred by the taxpayer. A lien shall not be filed pursuant to this Section if the taxpayer pays the erroneous exemption principal amount, plus penalties and interest, within 30 days of service of the notice of intent to record a lien. (e) The notice of intent to record a lien shall also include a form that the taxpayer may return to the chief county assessment officer to request a hearing. The taxpayer may request a hearing by returning the form within 30 days after service. The hearing shall be held within 90 days after the taxpayer is served. The chief county assessment officer shall promulgate rules of service and procedure for the hearing. The chief county assessment officer must generally follow rules of evidence and practices that prevail in the county circuit courts, but, because of the nature of these proceedings, the chief county assessment officer is not bound by those rules in all particulars. The chief county assessment officer shall appoint a hearing officer to oversee the hearing. The taxpayer shall be allowed to present evidence to the hearing officer at the hearing. After taking into consideration all the relevant testimony and evidence, the hearing officer shall make an administrative decision on whether the taxpayer was erroneously granted a homestead exemption for the taxable year in question. The taxpayer may appeal the hearing officer's ruling to the circuit court of the county where the property is located as a final administrative decision under the Administrative Review Law. (f) A lien against the property imposed under this Section shall be filed with the county recorder of deeds, but may not be filed sooner than 60 days after the notice of intent to record a lien was delivered to the taxpayer if the taxpayer does not request a hearing, or until the conclusion of the hearing and all appeals if the taxpayer does request a hearing. If a lien is filed pursuant to this Section and the taxpayer received one or 2 erroneous homestead exemptions during any of the 3 collection years immediately prior to the current collection year in which the notice of discovery is served, then the erroneous exemption principal amount, plus 10% interest per annum or portion thereof from the date the erroneous exemption principal amount would have become due if properly included in the tax bill, shall be charged against the property by the chief county assessment officer. However, if a lien is filed pursuant to this Section and the taxpayer received 3 or more erroneous homestead exemptions during any of the 6 collection years immediately prior to the current collection year in which the notice of discovery is served, the erroneous exemption principal amount, plus a penalty of 50% of the total amount of the erroneous exemption principal amount for that property and 10% interest per annum or portion thereof from the date the erroneous exemption principal amount would have become due if properly included in the tax bill, shall be charged against the property by the chief county assessment officer. If a lien is filed pursuant to this Section, the taxpayer shall not be liable for interest that accrues between the date the notice of discovery is served and the date the lien is filed. Before recording the lien with the county recorder of deeds, the chief county assessment officer shall adjust the amount of the lien to add administrative costs, including but not limited to the applicable recording fee, to the total lien amount. (g) If a person received an erroneous homestead exemption under Section 15-170 and: (1) the person was the spouse, child, grandchild, brother, sister, niece, or nephew of the previous taxpayer; and (2) the person received the property by bequest or inheritance; then the person is not liable for the penalties imposed under this Section for any year or years during which the chief county assessment officer did not require an annual application for the exemption or, in a county with 3,000,000 or more inhabitants, an application for renewal of a multi-year exemption pursuant to subsection (i) of Section 15-170, as the case may be. However, that person is responsible for any interest owed under subsection (f). (h) If the erroneous homestead exemption was granted as a result of a clerical error or omission on the part of the chief county assessment officer, and if the taxpayer has paid the tax bills as received for the year in which the error occurred, then the interest and penalties authorized by this Section with respect to that homestead exemption shall not be chargeable to the taxpayer. However, nothing in this Section shall prevent the collection of the erroneous exemption principal amount due and owing. (i) A lien under this Section is not valid as to (1) any bona fide purchaser for value without notice of the erroneous homestead exemption whose rights in and to the underlying parcel arose after the erroneous homestead exemption was granted but before the filing of the notice of lien; or (2) any mortgagee, judgment creditor, or other lienor whose rights in and to the underlying parcel arose before the filing of the notice of lien. A title insurance policy for the property that is issued by a title company licensed to do business in the State showing that the property is free and clear of any liens imposed under this Section shall be prima facie evidence that the taxpayer is without notice of the erroneous homestead exemption. Nothing in this Section shall be deemed to impair the rights of subsequent creditors and subsequent purchasers under Section 30 of the Conveyances Act. (j) When a lien is filed against the property pursuant to this Section, the chief county assessment officer shall mail a copy of the lien to the person to whom the most recent tax bill was mailed and to the owner of record, and the outstanding liability created by such a lien is due and payable within 30 days after the mailing of the lien by the chief county assessment officer. This liability is deemed delinquent and shall bear interest beginning on the day after the due date at a rate of 1.5% per month or portion thereof. Payment shall be made to the county treasurer. Upon receipt of the full amount due, as determined by the chief county assessment officer, the county treasurer shall distribute the amount paid as provided in subsection (k). Upon presentment by the taxpayer to the chief county assessment officer of proof of payment of the total liability, the chief county assessment officer shall provide in reasonable form a release of the lien. The release of the lien provided shall clearly inform the taxpayer that it is the responsibility of the taxpayer to record the lien release form with the county recorder of deeds and to pay any applicable recording fees. (k) The county treasurer shall pay collected erroneous exemption principal amounts, pro rata, to the taxing districts, or their legal successors, that levied upon the subject property in the taxable year or years for which the erroneous homestead exemptions were granted, except as set forth in this Section. The county treasurer shall deposit collected penalties and interest into a special fund established by the county treasurer to offset the costs of administration of the provisions of this Section by the chief county assessment officer's office, as appropriated by the county board. If the costs of administration of this Section exceed the amount of interest and penalties collected in the special fund, the chief county assessor shall be reimbursed by each taxing district or their legal successors for those costs. Such costs shall be paid out of the funds collected by the county treasurer on behalf of each taxing district pursuant to this Section. (l) The chief county assessment officer in a county with 3,000,000 or more inhabitants shall establish an amnesty period for all taxpayers owing any tax due to an erroneous homestead exemption granted in a tax year prior to the 2013 tax year. The amnesty period shall begin on the effective date of this amendatory Act of the 98th General Assembly and shall run through December 31, 2013. If, during the amnesty period, the taxpayer pays the entire arrearage of taxes due for tax years prior to 2013, the county clerk shall abate and not seek to collect any interest or penalties that may be applicable and shall not seek civil or criminal prosecution for any taxpayer for tax years prior to 2013. Failure to pay all such taxes due during the amnesty period established under this Section shall invalidate the amnesty period for that taxpayer. The chief county assessment officer in a county with 3,000,000 or more inhabitants shall (i) mail notice of the amnesty period with the tax bills for the second installment of taxes for the 2012 assessment year and (ii) as soon as possible after the effective date of this amendatory Act of the 98th General Assembly, publish notice of the amnesty period in a newspaper of general circulation in the county. Notices shall include information on the amnesty period, its purpose, and the method by which to make payment. Taxpayers who are a party to any criminal investigation or to any civil or criminal litigation that is pending in any circuit court or appellate court, or in the Supreme Court of this State, for nonpayment, delinquency, or fraud in relation to any property tax imposed by any taxing district located in the State on the effective date of this amendatory Act of the 98th General Assembly may not take advantage of the amnesty period. A taxpayer who has claimed 3 or more homestead exemptions in error shall not be eligible for the amnesty period established under this subsection.
(m) Notwithstanding any other provision of law, for taxable years 2019 through 2023, in counties with 3,000,000 or more inhabitants, the chief county assessment officer shall, if he or she learns that a taxpayer who has been granted a senior citizens homestead exemption has died during the period to which the exemption applies, send a notice to the address on record for the owner of record of the property notifying the owner that the exemption will be terminated unless, within 90 days after the notice is sent, the chief county assessment officer is provided with a basis to continue the exemption. The notice shall be sent by first-class mail, in an envelope that bears on its front, in boldface red lettering that is at least one inch in size, the words "Notice of Exemption Termination"; however, if the taxpayer elects to receive the notice by email and provides an email address, then the notice shall be sent by email. (Source: P.A. 101-453, eff. 8-23-19; 101-622, eff. 1-14-20; 102-895, eff. 5-23-22.) |
35 ILCS 200/Art. 10
(35 ILCS 200/Art. 10 heading)
Article 10.
Valuation Procedures for Special Properties
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35 ILCS 200/Art. 10 Div. 1
(35 ILCS 200/Art. 10 Div. 1 heading)
Division 1.
Solar energy systems
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35 ILCS 200/10-5
(35 ILCS 200/10-5)
Sec. 10-5. Solar energy systems; definitions. It is the policy of this
State that the use of solar energy systems should be encouraged because they
conserve nonrenewable resources, reduce pollution and promote the health and
well-being of the people of this State, and should be valued in relation to
these benefits.
(a) "Solar energy" means radiant energy received from
the sun at wave lengths suitable for heat transfer, photosynthetic use,
or photovoltaic use.
(b) "Solar collector" means
(1) An assembly, structure, or design, including | | passive elements, used for gathering, concentrating, or absorbing direct and indirect solar energy, specially designed for holding a substantial amount of useful thermal energy and to transfer that energy to a gas, solid, or liquid or to use that energy directly; or
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(2) A mechanism that absorbs solar energy and
| | converts it into electricity; or
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(3) A mechanism or process used for gathering solar
| | energy through wind or thermal gradients; or
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(4) A component used to transfer thermal energy to a
| | gas, solid, or liquid, or to convert it into electricity.
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(c) "Solar storage mechanism" means equipment or elements (such as
piping and transfer mechanisms, containers, heat exchangers, or controls
thereof, and gases, solids, liquids, or combinations thereof) that are
utilized for storing solar energy, gathered by a solar collector, for
subsequent use.
(d) "Solar energy system" means
(1)(A) A complete assembly, structure, or design of
| | solar collector, or a solar storage mechanism, which uses solar energy for generating electricity that is primarily consumed on the property on which the solar energy system resides, or for heating or cooling gases, solids, liquids, or other materials for the primary benefit of the property on which the solar energy system resides;
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(B) The design, materials, or elements of a system
| | and its maintenance, operation, and labor components, and the necessary components, if any, of supplemental conventional energy systems designed or constructed to interface with a solar energy system;
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(C) Any legal, financial, or institutional orders,
| | certificates, or mechanisms, including easements, leases, and agreements, required to ensure continued access to solar energy, its source, or its use in a solar energy system, and including monitoring and educational elements of a demonstration project; or
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(D) Photovoltaic electricity generation systems
| | subject to power purchase agreements or leases for solar energy between a third-party owner, an operator, or both, and an end user of electricity, where such systems are located on the end user of electricity's side of the electric meter and which primarily are used to offset the electricity load of the end user behind whose electric meter the system is connected. A system primarily is used to offset the electricity load of the end user of electricity if the system is estimated to produce 110% or fewer kilowatt-hours of electricity than consumed by the end user of electricity at such meter in the last 12 full months prior to the system being placed in service.
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| (2) "Solar energy system" does not include:
(A) Distribution equipment that is equally usable
| | in a conventional energy system except for those components of the equipment that are necessary for meeting the requirements of efficient solar energy utilization;
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(B) Components of a solar energy system that
| | serve structural, insulating, protective, shading, aesthetic, or other non-solar energy utilization purposes, as defined in the regulations of the Department of Commerce and Economic Opportunity; or
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(C) A commercial solar energy system, as defined
| | by this Code, in counties with fewer than 3,000,000 inhabitants.
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| (3) The solar energy system shall conform to the
| | standards for those systems established by regulation of the Department of Commerce and Economic Opportunity.
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(Source: P.A. 102-662, eff. 9-15-21.)
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35 ILCS 200/10-10
(35 ILCS 200/10-10)
Sec. 10-10.
Valuation of solar energy systems.
When a solar energy system
has been installed in improvements on any property, the owner of that property
is entitled to claim, by filing with the chief county assessment officer, an
alternate valuation of those improvements. When a claim for alternate
valuation is filed, the chief county assessment officer shall ascertain the
value of the improvements as if equipped with a conventional heating or cooling
system and the value of the improvements as equipped with the solar energy
system. So long as the solar energy system is used in total or part as the
means of utilizing solar energy improvements, the alternate valuation computed
as the lesser of the two values ascertained under this paragraph shall be
applied. When the solar energy system so valued ceases to be used as the means
of heating or cooling those improvements, the owner of that property shall
within 30 days notify the chief county assessment officer in writing
by certified mail.
(Source: P.A. 80-430; 88-455.)
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35 ILCS 200/Art. 10 Div. 2
(35 ILCS 200/Art. 10 Div. 2 heading)
Division 2.
Residential property
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35 ILCS 200/10-15
(35 ILCS 200/10-15)
Sec. 10-15.
Condominiums and cooperatives.
In counties with 200,000 or more
inhabitants which classify property, condominiums occupied by the owner as a
residence for a minimum of 6 months during the year and created in accordance
with the provisions of the "Condominium Property Act", as well as land with
improvements owned and operated as a cooperative, shall be assessed on the same
basis of assessment as single family residences in such counties.
(Source: P.A. 78-709; 88-455.)
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35 ILCS 200/10-20
(35 ILCS 200/10-20)
Sec. 10-20.
Repairs and maintenance of residential property.
Maintenance and repairs to residential property owned and used
exclusively for a residential purpose shall not increase the assessed
valuation of the property. For purposes of this Section, work
shall be deemed repair and maintenance when it (1) does not increase the
square footage of improvements and does not materially alter the
existing character and condition of the structure but is limited to work
performed to prolong the life of the existing improvements or to keep the
existing improvements in a well maintained condition; and (2) employs
materials, such as those used for roofing or siding, whose value is not greater
than the replacement value of the materials being replaced.
Maintenance and repairs, as
those terms are used in this Section, to property that enhance the overall
exterior and interior appearance and quality of a residence by restoring
it from a state of disrepair to a standard state of repair do not "materially
alter the
existing character and condition" of the residence.
(Source: P.A. 90-788, eff. 8-14-98.)
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35 ILCS 200/10-23 (35 ILCS 200/10-23) Sec. 10-23. Improvements to residential property; accessibility. (a) Accessibility improvements made to residential property shall not increase the assessed valuation of the property for a period of 7 years after the improvements are completed. (b) For the purposes of this Section, "accessibility improvement" means a home modification listed under the Home Services Program administered by the Department of Human Services (Part 686 of Title 89 of the Illinois Administrative Code), including, but not limited to the installation of ramps and grab-bars, widening door-ways, and other changes to enhance the independence of a disabled or elderly individual.
(Source: P.A. 99-375, eff. 8-17-15.) |
35 ILCS 200/10-25
(35 ILCS 200/10-25)
Sec. 10-25.
Model homes, townhomes, and condominium units.
If the
construction of a single family dwelling is
completed after December 29, 1986 or the construction of a single family
townhome or condominium unit is completed after the effective date of this
amendatory Act of 1994, and that dwelling, townhome, or condominium unit
is not occupied as a
dwelling but is used as a display or demonstration model home, townhome or
condominium unit for prospective
buyers of the dwelling or of similar homes, townhomes, or condominium units
to be built on
other property, the
assessed value of the property on which the dwelling, townhome, or
condominium was constructed shall be
the same as the assessed value of the property prior to construction and prior
to any change in the zoning classification of the property prior to
construction of the dwelling, townhome or condominium unit. The
application of this Section shall not be
affected if the display or demonstration model home, townhome or condominium
unit contains home furnishings,
appliances, offices, and office equipment to further sales activities. This
Section shall not be applicable if the dwelling, townhome, or condominium
unit is occupied as a dwelling or
the property on which the dwelling, townhome, or condominium unit is
situated is sold or leased for use other
than as a display or demonstration model home, townhome, or condominium
unit. No property shall be eligible
for calculation of its assessed value under this Section for more than a
10-year period. If the dwelling, townhome, or condominium unit becomes
ineligible for the alternate valuation,
the owner shall within 60 days file with the chief county assessment officer a
certificate giving notice of such ineligibility.
For the purposes of this Section, no corporation, individual, sole proprietor
or partnership may have more than a total of 3 model homes, townhomes, or
condominium units at the same time
within a 3 mile radius. The center point of each
radius shall be the display or demonstration model that has been used as such
for the longest period of time. The person liable for taxes on property
eligible for assessment as provided in this Section shall file a verified
application with the chief county assessment officer on or before (i)
April 30 of each assessment year for which that assessment is desired in
counties with a population of 3,000,000 or more and (ii) December 31 of
each assessment year for which that assessment is desired in all other
counties. Failure to make a
timely filing in any assessment year constitutes a waiver of the right to
benefit for that assessment year.
(Source: P.A. 91-347, eff. 1-1-00.)
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35 ILCS 200/Art. 10 Div. 3
(35 ILCS 200/Art. 10 Div. 3 heading)
Division 3.
Residential developments
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35 ILCS 200/10-30
(35 ILCS 200/10-30)
Sec. 10-30. Subdivisions; counties of less than 3,000,000.
(a) In counties with less than 3,000,000 inhabitants, the platting and
subdivision of property into separate lots and the development of the
subdivided property with streets, sidewalks, curbs, gutters, sewer, water and
utility lines shall not increase the assessed valuation of all or any part of
the property, if:
(1) The property is platted and subdivided in | | accordance with the Plat Act;
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(2) The platting occurs after January 1, 1978;
(3) At the time of platting the property is in excess
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(4) At the time of platting the property is vacant or
| | used as a farm as defined in Section 1-60.
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(b) Except as provided in subsection (c) of this Section, the assessed
valuation of property so platted and subdivided shall be determined each year
based on the estimated price the property would bring at a fair voluntary sale
for use by the buyer for the same purposes for which the property was used when
last assessed prior to its platting.
(c) Upon completion of a habitable structure on any lot of subdivided
property, or upon the use of any lot, either alone or in conjunction
with any contiguous property, for any business, commercial or residential
purpose, or upon the initial sale of any platted lot, including a platted
lot which is vacant: (i) the provisions of subsection (b) of this Section
shall no longer apply in determining the assessed valuation of the lot, (ii)
each lot shall be assessed without regard to any provision of this Section, and
(iii) the assessed valuation of the remaining property, when next determined,
shall be reduced proportionately to reflect the exclusion of the property that
no longer qualifies for valuation under this Section. Holding or offering a
platted lot for initial sale shall not constitute a use of the lot for
business, commercial or residential purposes unless a habitable structure is
situated on the lot or unless the lot is otherwise used for a business,
commercial or residential purpose.
(d) This Section applies before the effective date of this amendatory Act of the 96th General Assembly and then applies again beginning January 1, 2012.
(Source: P.A. 95-135, eff. 1-1-08; 96-480, eff. 8-14-09.)
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35 ILCS 200/10-31 (35 ILCS 200/10-31)
Sec. 10-31. Subdivisions; counties of less than 3,000,000. (a) In counties with less than 3,000,000 inhabitants, the platting and
subdivision of property into separate lots and the development of the
subdivided property with streets, sidewalks, curbs, gutters, sewer, water and
utility lines shall not increase the assessed valuation of all or any part of
the property, if: (1) The property is platted and subdivided in | | accordance with the Plat Act;
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| (2) The platting occurs after January 1, 1978;
(3) At the time of platting the property is in excess
| | (4) At the time of platting or replatting the
| | property is vacant or used as a farm as defined in Section 1-60.
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| (b) Except as provided in subsection (c) of this Section, the assessed
valuation of property so platted and subdivided shall be determined
based on the assessed value assigned to the property when last assessed prior to its last transfer or conveyance. An initial sale of any platted lot, including a lot that is vacant, or a transfer to a holder of a mortgage, as defined in Section 15-1207 of the Code of Civil Procedure, pursuant to a mortgage foreclosure proceeding or pursuant to a transfer in lieu of foreclosure, does not disqualify that lot from the provisions of this subsection (b).
(c) Upon completion of a habitable structure on any lot of subdivided
property, or upon the use of any lot, either alone or in conjunction
with any contiguous property, for any business, commercial or residential
purpose: (i) the provisions of subsection (b) of this Section
shall no longer apply in determining the assessed valuation of the lot, (ii)
each lot shall be assessed without regard to any provision of this Section, and
(iii) the assessed valuation of the remaining property, when next determined,
shall be reduced proportionately to reflect the exclusion of the property that
no longer qualifies for valuation under this Section. Holding or offering a
platted lot for initial sale shall not constitute a use of the lot for
business, commercial or residential purposes unless a habitable structure is
situated on the lot or unless the lot is otherwise used for a business,
commercial or residential purpose. The replatting of a subdivision or portion of a subdivision does not disqualify the replatted lots from the provisions of subsection (b).
(d) This Section applies on and after the effective date of this amendatory Act of the 96th General Assembly and through December 31, 2011.
(Source: P.A. 96-480, eff. 8-14-09.)
|
35 ILCS 200/10-35
(35 ILCS 200/10-35)
Sec. 10-35. Subdivision common areas.
(a) Residential property which is part of a development,
but which is individually owned and ownership of which includes the right,
by easement, covenant, deed or other interest in property, to the use
of any common area for recreational or similar residential purposes shall
be assessed at a value which includes the proportional share of the value
of that common area or areas.
Property is used as a "common area or areas" under this Section if
it is a lot, parcel, or area, the beneficial use and enjoyment of which
is reserved in whole as an appurtenance to the separately owned lots, parcels,
or areas within the planned development.
The common area or areas which are used for recreational or similar
residential purposes and which are assessed to a separate owner and are located
on separately identified parcels, shall be listed for assessment purposes at $1
per year.
(b) In counties with 3,000,000 or more inhabitants, any person desiring to
establish or to reestablish an assessment of $1 for any parcel on the grounds of
common area status under this Section shall submit an application for the
assessment to the assessor. The application shall be submitted at the time
within which other applications for revisions of assessment may be made under
Section 14-35 by taxpayers in the township where the parcel is located, and
shall be in the form and accompanied by documentation, as the assessor may
require.
(b-5) In counties with fewer than 3,000,000 inhabitants, the chief county assessment officer may require any person desiring to establish or reestablish an assessment of $1 for any parcel on the grounds of common area status under this Section to submit an application for the assessment to the chief county assessment officer. The application shall be submitted no later than June 30 of the year for which the assessment is sought and shall be in the form and accompanied by documentation that the chief county assessment officer requires. (c) If a $1 assessment is established pursuant to the application it may be
maintained from year to year so long as the ownership or use of the parcel has
not changed. When any change in ownership, use or other relevant fact occurs it
shall be the duty of the new owner in cases of change in ownership, or of the
current owner in all other cases, to notify the assessor in writing within 30
days of the change. The notice shall be sent by certified mail, return receipt
requested, and shall include the name and address of the taxpayer, the legal
description of the property, and the permanent index number of the property
where such number exists. If the failure to give such notification results in
the assessor continuing to assess the property at $1 in subsequent years in
error, the property shall be considered omitted property under Section 9-265.
Nothing in this Section shall be construed to limit the assessor's authority to
annually revise assessments subject to this Section under the procedures of
Section 9-85.
(d) No objection shall be made to the denial of an assessment of $1 under
this Section in any court except under Sections 21-175 and 23-5. No person may
object to or otherwise challenge the failure of any parcel to receive an
assessment of $1 under this Section in any proceeding in any court unless an
application for the $1 assessment was made under subsections (b) and (b-5) of this
Section.
(Source: P.A. 103-83, eff. 6-9-23.)
|
35 ILCS 200/Art. 10 Div. 4
(35 ILCS 200/Art. 10 Div. 4 heading)
Division 4.
Historic residences
|
35 ILCS 200/10-40
(35 ILCS 200/10-40)
(Text of Section before amendment by P.A. 103-592 )
Sec. 10-40.
Historic Residence Assessment Freeze Law;
definitions.
This Section and Sections 10-45 through 10-85 may be cited as the Historic
Residence Assessment Freeze Law.
As used in this Section
and Sections 10-45 through 10-85:
(a) "Director" means the Director of Historic | |
(b) "Approved county or municipal landmark ordinance"
| | means a county or municipal ordinance approved by the Director.
|
|
(c) "Historic building" means an owner-occupied
| | single family residence or an owner-occupied multi-family residence and the tract, lot or parcel upon which it is located, or a building or buildings owned and operated as a cooperative, if:
|
|
(1) individually listed on the National Register
| | of Historic Places or the Illinois Register of Historic Places;
|
|
(2) individually designated pursuant to an
| | approved county or municipal landmark ordinance; or
|
|
(3) within a district listed on the National
| | Register of Historic Places or designated pursuant to an approved county or municipal landmark ordinance, if the Director determines that the building is of historic significance to the district in which it is located.
|
|
Historic building does not mean an individual unit of a
| |
(d) "Assessment officer" means the chief county
| |
(e) "Certificate of rehabilitation" means the
| | certificate issued by the Director upon the renovation, restoration, preservation or rehabilitation of an historic building under this Code.
|
|
(f) "Rehabilitation period" means the period of time
| | necessary to renovate, restore, preserve or rehabilitate an historic building as determined by the Director.
|
|
(g) "Standards for rehabilitation" means the
| | Secretary of Interior's standards for rehabilitation as promulgated by the U.S. Department of the Interior.
|
|
(h) "Fair cash value" means the fair cash value of
| | the historic building, determined on the basis of the assessment officer's property record card, representing the value of the property prior to the commencement of rehabilitation without consideration of any reduction reflecting value during the rehabilitation work.
|
|
(i) "Base year valuation" means the fair cash value
| | of the historic building for the year in which the rehabilitation period begins but prior to the commencement of the rehabilitation and does not include any reduction in value during the rehabilitation work.
|
|
(j) "Adjustment in value" means the difference for
| | any year between the then current fair cash value and the base year valuation.
|
|
(k) "Eight-year valuation period" means the 8 years
| | from the date of the issuance of the certificate of rehabilitation.
|
|
(l) "Adjustment valuation period" means the 4 years
| | following the 8 year valuation period.
|
|
(m) "Substantial rehabilitation" means interior or
| | exterior rehabilitation work that preserves the historic building in a manner that significantly improves its condition.
|
|
(n) "Approved local government" means a local
| | government that has been certified by the Director as:
|
|
(1) enforcing appropriate legislation for the
| | designation of historic buildings;
|
|
(2) having established an adequate and qualified
| | historic review commission;
|
|
(3) maintaining a system for the survey and
| | inventory of historic properties;
|
|
(4) providing for adequate public participation
| | in the local historic preservation program; and
|
|
(5) maintaining a system for reviewing
| | applications under this Section in accordance with rules and regulations promulgated by the Director.
|
|
(o) "Cooperative" means a building or buildings and
| | the tract, lot, or parcel on which the building or buildings are located, if the building or buildings are devoted to residential uses by the owners and fee title to the land and building or buildings is owned by a corporation or other legal entity in which the shareholders or other co-owners each also have a long-term proprietary lease or other long-term arrangement of exclusive possession for a specific unit of occupancy space located within the same building or buildings.
|
|
(p) "Owner", in the case of a cooperative, means the
| |
(q) "Association", in the case of a cooperative,
| | means the entity responsible for the administration of a cooperative, which entity may be incorporated or unincorporated, profit or nonprofit.
|
|
(r) "Owner-occupied single family residence" means a
| | residence in which the title holder of record (i) holds fee simple ownership and (ii) occupies the property as his, her, or their principal residence.
|
|
(s) "Owner-occupied multi-family residence" means
| | residential property comprised of not more than 6 living units in which the title holder of record (i) holds fee simple ownership and (ii) occupies one unit as his, her, or their principal residence. The remaining units may be leased.
|
|
The changes made to this Section by this amendatory Act of the 91st General
Assembly are declarative of existing law and shall not be construed as a new
enactment.
(Source: P.A. 90-114, eff. 1-1-98; 91-806, eff. 1-1-01.)
(Text of Section after amendment by P.A. 103-592 )
Sec. 10-40. Historic Residence Assessment Freeze Law; definitions. This Section and Sections 10-45 through 10-85 may be cited as the Historic Residence Assessment Freeze Law. As used in this Section and Sections 10-45 through 10-85:
(a) "Director" means the Director of Historic
| | (b) "Approved county or municipal landmark ordinance"
| | means a county or municipal ordinance approved by the Director.
|
| (c) "Historic building" means an owner-occupied
| | single family residence or an owner-occupied multi-family residence and the tract, lot or parcel upon which it is located, or a building or buildings owned and operated as a cooperative, if:
|
| (1) individually listed on the National Register
| | of Historic Places or the Illinois Register of Historic Places;
|
| (2) individually designated pursuant to an
| | approved county or municipal landmark ordinance; or
|
| (3) within a district listed on the National
| | Register of Historic Places or designated pursuant to an approved county or municipal landmark ordinance, if the Director determines that the building is of historic significance to the district in which it is located.
|
| Historic building does not mean an individual unit of a
| | (d) "Assessment officer" means the chief county
| | (e) "Certificate of rehabilitation" means the
| | certificate issued by the Director upon the renovation, restoration, preservation or rehabilitation of an historic building under this Code.
|
| (f) "Rehabilitation period" means the period of time
| | necessary to renovate, restore, preserve or rehabilitate an historic building as determined by the Director.
|
| (g) "Standards for rehabilitation" means the
| | Secretary of Interior's standards for rehabilitation as promulgated by the U.S. Department of the Interior.
|
| (h) "Fair cash value" means the fair cash value of
| | the historic building, as finally determined for that year by the assessment officer, board of review, Property Tax Appeal Board, or court, representing the value of the property prior to the commencement of rehabilitation without consideration of any reduction reflecting value during the rehabilitation work. The changes made to this Section by this amendatory Act of the 103rd General Assembly are declarative of existing law and shall not be construed as a new enactment.
|
| (i) "Base year valuation" means the fair cash value
| | of the historic building for the year in which the rehabilitation period begins but prior to the commencement of the rehabilitation and does not include any reduction in value during the rehabilitation work.
|
| (j) "Adjustment in value" means the difference for
| | any year between the then current fair cash value and the base year valuation.
|
| (k) "Eight-year valuation period" means the 8 years
| | from the date of the issuance of the certificate of rehabilitation.
|
| (l) "Adjustment valuation period" means the 4 years
| | following the 8 year valuation period.
|
| (m) "Substantial rehabilitation" means interior or
| | exterior rehabilitation work that preserves the historic building in a manner that significantly improves its condition.
|
| (n) "Approved local government" means a local
| | government that has been certified by the Director as:
|
| (1) enforcing appropriate legislation for the
| | designation of historic buildings;
|
| (2) having established an adequate and qualified
| | historic review commission;
|
| (3) maintaining a system for the survey and
| | inventory of historic properties;
|
| (4) providing for adequate public participation
| | in the local historic preservation program; and
|
| (5) maintaining a system for reviewing
| | applications under this Section in accordance with rules and regulations promulgated by the Director.
|
| (o) "Cooperative" means a building or buildings and
| | the tract, lot, or parcel on which the building or buildings are located, if the building or buildings are devoted to residential uses by the owners and fee title to the land and building or buildings is owned by a corporation or other legal entity in which the shareholders or other co-owners each also have a long-term proprietary lease or other long-term arrangement of exclusive possession for a specific unit of occupancy space located within the same building or buildings.
|
| (p) "Owner", in the case of a cooperative, means the
| | (q) "Association", in the case of a cooperative,
| | means the entity responsible for the administration of a cooperative, which entity may be incorporated or unincorporated, profit or nonprofit.
|
| (r) "Owner-occupied single family residence" means a
| | residence in which the title holder of record (i) holds fee simple ownership and (ii) occupies the property as his, her, or their principal residence.
|
| (s) "Owner-occupied multi-family residence" means
| | residential property comprised of not more than 6 living units in which the title holder of record (i) holds fee simple ownership and (ii) occupies one unit as his, her, or their principal residence. The remaining units may be leased.
|
| The changes made to this Section by this amendatory Act of the 91st General Assembly are declarative of existing law and shall not be construed as a new enactment.
(Source: P.A. 103-592, eff. 1-1-25.)
|
35 ILCS 200/10-45
(35 ILCS 200/10-45)
Sec. 10-45.
Valuation during 8 year valuation period.
In furtherance of the policy of encouraging the rehabilitation of historic
residences, property certified pursuant to this Historic Residence Assessment
Freeze Law shall be eligible for an assessment freeze, as provided in this
Section, eliminating from consideration, for assessment purposes, the value
added by the rehabilitation and limiting the total valuation to the base year
valuation as defined in subsection (i) of Section 10-40. For all property
upon which the Director has issued a certificate of rehabilitation, the
valuation for purposes of assessment shall not exceed the base year valuation
for the entire 8-year valuation period, unless a taxing district elects, under
Section 10-85, that the provisions of this Section shall not apply to taxes
that are levied by that taxing district. In the event that election is made,
the property shall be valued under Section 9-145 or 9-150 for the purpose of
extending taxes of that taxing district. The changes made to this Section by
this amendatory Act of the 91st General Assembly are declarative of existing
law and shall not be construed as a new enactment.
(Source: P.A. 91-806, eff. 1-1-01.)
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35 ILCS 200/10-50
(35 ILCS 200/10-50)
(Text of Section before amendment by P.A. 103-592 )
Sec. 10-50.
Valuation after 8 year valuation period.
For the 4 years after
the expiration of the 8-year valuation period, the valuation for purposes of
computing the assessed valuation shall be as follows:
For the first year, the base year valuation plus 25% of the adjustment in
value.
For the second year, the base year valuation plus 50% of the adjustment in
value.
For the third year, the base year valuation plus 75% of the adjustment in
value.
For the fourth year, the then current fair cash value.
(Source: P.A. 82-1023; 88-455.)
(Text of Section after amendment by P.A. 103-592 ) Sec. 10-50. Valuation after 8 year valuation period. (a) For the 4 years after the expiration of the 8-year valuation period, the valuation for purposes of computing the assessed valuation shall not exceed the following: For the first year, the base year valuation plus 25% | | of the adjustment in value.
|
| For the second year, the base year valuation plus 50%
| | of the adjustment in value.
|
| For the third year, the base year valuation plus 75%
| | of the adjustment in value.
|
| For the fourth year, the then current fair cash value.
(b) If the current fair cash value during the adjustment valuation period is less than the base year valuation with the applicable adjustment, the assessment shall be based on the current fair cash value. The changes made to this Section by this amendatory Act of the 103rd General Assembly are declarative of existing law and shall not be construed as a new enactment.
(Source: P.A. 103-592, eff. 1-1-25.)
|
35 ILCS 200/10-55
(35 ILCS 200/10-55)
Sec. 10-55.
Application process and application period.
(a) The Director shall receive applications for certificates of
rehabilitation in a form and manner provided by him or her by rule.
The Director shall promptly notify the assessment officer of receipt of such
applications.
The rules
shall provide that an applicant may request preliminary approval of
rehabilitation before the rehabilitation period begins.
(b) The Director shall approve an application for a certificate of
rehabilitation when he or she finds that the restoration, preservation or
rehabilitation:
(1) involves an historic building;
(2) has a cost, including architectural fees, equal | | to or greater than 25% of the base year valuation;
|
|
(3) is for a building for which no certificate of
| | rehabilitation has been approved within 4 years after the last year of the adjustment valuation period;
|
|
(4) was or will be done in accordance with the
| | standards for rehabilitation; and
|
|
(5) was or will be a substantial rehabilitation.
(c) The Director shall determine the length of the rehabilitation period,
which shall not exceed 2 years unless the Director finds:
(1) it is economically unfeasible to complete the
| | rehabilitation in that period; or
|
|
(2) the magnitude of the project is such that a good
| | faith attempt to complete the rehabilitation in that period would not succeed.
|
|
(d) Upon approval of the application, the Director shall issue a
certificate of rehabilitation to the applicant and transmit a copy to the
assessment officer. The certificate shall identify the rehabilitation period.
(e) If during the 8-year valuation period and the adjustment valuation
period, the Director determines, in accordance with the Illinois
Administrative Procedure Act, that an historic building for
which a certificate of
rehabilitation has been issued has not been the subject of repair,
renovation, remodeling or improvement in accordance with the standards for
rehabilitation, he or she shall revoke the certificate of rehabilitation by
written notice to the taxpayer of record and transmit a copy of the
revocation to the assessment officer.
The provisions in Section 10-40 through 10-85 apply to certified
rehabilitation projects for which an application for a certificate of
rehabilitation has been filed with the Director within 2 years of the
rehabilitation period.
(Source: P.A. 91-357, eff. 7-29-99; 91-806, eff. 1-1-01.)
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35 ILCS 200/10-60
(35 ILCS 200/10-60)
Sec. 10-60.
Certificate of status.
It is the duty of the titleholder of
record or the owner of the beneficial interest of any historic building which
has been
issued a certificate of rehabilitation, to file with the chief county
assessment officer, on or before January 31 of each year, an affidavit stating
whether there has been any change in the ownership or use of such property, the
status of the owner-occupant, or, in the case of a cooperative,
whether there has been a change in the use of the property or a change in the
cooperative form of ownership. If there has been such a
change, the nature
of this change shall be stated. Failure to file such an affidavit shall, in the
discretion of the chief county assessment officer, constitute cause to revoke
the certificate of rehabilitation. The chief county assessment officer shall
furnish to the owner a form for the affidavit wherein the owner may state
whether there has been any change in the ownership or use of the property or
the status of the owner. If the chief county assessment officer determines that
the historic building is no longer used as an owner-occupied single family
residence or an owner-occupied multi-family residence, or that there has
been a sale or transfer for value of the
historic
building other than to the
first owner-occupant after the issuance of a certificate of rehabilitation,
or that the historic building no longer
meets the definition of a cooperative, he
or she shall revoke the certificate by written notice to the taxpayer of
record, and shall send a copy of that notice to the Department.
(Source: P.A. 89-675, eff. 8-14-96; 90-114, eff. 1-1-98.)
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35 ILCS 200/10-65
(35 ILCS 200/10-65)
Sec. 10-65.
Receipt of applications.
An approved local
government shall receive applications for certificates
of rehabilitation within its corporate boundaries. The decision of the
approved local government shall be final unless disapproved by the Director
within 30 days of his receipt of the application and local decision.
(Source: P.A. 86-1481; 88-455.)
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35 ILCS 200/10-70
(35 ILCS 200/10-70)
Sec. 10-70.
Computation of valuation.
(a) Upon receipt of the certificate of rehabilitation, the assessment
officer shall determine the base year valuation and shall make a notation on
each statement of assessment during the 8-year valuation period and the
adjustment valuation period that the valuation of the historic building shall
be based upon the issuance of a certificate of rehabilitation.
(b) Upon revocation of a certificate of rehabilitation,
the assessment officer shall compute the assessed valuation of the
building on the basis of the then current fair cash value.
(c) An historic building receiving a certificate of rehabilitation shall
not be eligible for the homestead improvement exemption during the 8-year
valuation period and adjustment valuation period.
(Source: P.A. 86-1481; 88-455.)
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35 ILCS 200/10-75
(35 ILCS 200/10-75)
Sec. 10-75.
Approval of municipal ordinances.
In addition to the powers and
duties described elsewhere in this Code, the Director may approve county or
municipal ordinances which qualify historic buildings for consideration under
this Code. However, no ordinance shall be approved unless it:
(a) is designed to preserve and rehabilitate | | buildings of historic significance;
|
|
(b) contains criteria for the designation of
| | landmarks consistent with those established by the U.S. Department of the Interior for the inclusion of places on the National Register of Historic Places; and
|
|
(c) contains criteria for review of demolitions and
| |
(Source: P.A. 87-818; 88-455.)
|
35 ILCS 200/10-80
(35 ILCS 200/10-80)
Sec. 10-80.
Rules and regulations.
The Director may promulgate rules and
regulations as may be necessary to administer this Code, including but not
limited to provisions that:
(1) Preclude the issuance of a certificate of | | rehabilitation for any owner-occupied single family residence, owner-occupied multi-family residence, or cooperative where 30% or more of the dwelling space is new construction outside the existing structure.
|
|
(2) Specify what costs are eligible to meet the 25%
| | minimum specified under subsection (b) of Section 10-55, and make ineligible those costs attributable to new construction outside the existing structure.
|
|
These regulations shall not preclude the issuance of a certificate of
rehabilitation for a condominium.
(Source: P.A. 89-675, eff. 8-14-96; 90-114, eff. 1-1-98.)
|
35 ILCS 200/10-85
(35 ILCS 200/10-85)
Sec. 10-85.
Election by taxing district to deny special tax treatment.
Any
taxing district may elect by a majority vote of its governing authority within
the first 30 days of each calendar year, upon written notice to the county
clerk and the assessment officer, that the provisions of Sections 10-40 through
10-80 shall not apply to taxes that are levied by the taxing district. In the
event the Director has issued a certificate of rehabilitation upon a historic
building within a taxing district in a year prior to that taxing district's
election under this Section or if the rehabilitation period commenced prior to
the taxing district's election, the taxing district's election shall have no
effect on the property for the 8-year valuation period and the adjustment
valuation period.
(Source: P.A. 86-1481; 88-455.)
|
35 ILCS 200/Art. 10 Div. 5
(35 ILCS 200/Art. 10 Div. 5 heading)
Division 5.
Airports and interstate bridges
|
35 ILCS 200/10-90
(35 ILCS 200/10-90)
Sec. 10-90.
Property used for airport purposes.
In counties with 200,000
or more inhabitants, in addition to valuation as otherwise permitted by law,
upon the filing of an application under Section 10-95 by the person liable for
the taxes on that property, which is used for airport purposes and has been so
used for the 3 years immediately preceding the year when the assessment is made
shall be valued on the basis of 33 1/3% of its fair cash value, based upon the
price it would bring at a fair, voluntary sale for use by the buyer for airport
purposes.
Property is considered used for airport purposes under this Section if
it is devoted primarily to the operation of an airport or restricted landing
field approved by the Department of Transportation in accordance with the
Illinois Aeronautics Act and is open to the public except as restricted by the
Department of Transportation or the Illinois Aeronautics Act.
(Source: P.A. 81-840; 88-455.)
|
35 ILCS 200/10-95
(35 ILCS 200/10-95)
Sec. 10-95.
Application process.
The person liable for taxes on land used
for airport purposes must file a verified application requesting the additional
valuation provided for in Section 10-90, with the chief county assessment
officer of the county where the land is located, by January 1 of each year for
which that valuation is desired. The application shall be in the form
prescribed by the Department and contain such information as may reasonably be
required to determine whether the applicant meets the requirements of Section
10-90. If the application shows the applicant is entitled to the valuation, the
chief county assessment officer shall approve it; otherwise, he or she shall
reject the application.
When an application has been filed with and approved by the chief county
assessment officer, he or she shall determine the valuation of the land in two
ways as otherwise permitted by law, and as described in Section 10-90, and
shall list those valuations separately. The county clerk, in preparing
assessment books, lists and blanks under Section 9-100, shall include columns
for indicating the approval of an application filed under this Section and for
setting out the valuations made as otherwise permitted by law, and under
Section 10-90.
(Source: P.A. 77-2783; 88-455.)
|
35 ILCS 200/10-100
(35 ILCS 200/10-100)
Sec. 10-100.
Liability for prior year's taxes.
The valuation determined
under Section 10-90 shall be used for each year for which application is made
and approved under Section 10-95. When any portion of the land is no longer
used for airport purposes, the person liable for taxes on that portion of the
land shall notify the chief county assessment officer, in writing, of that
fact, and shall pay to the county treasurer, by the following September 1, the
difference between the taxes paid in each of the 3 preceding years as based on
a valuation under Section 10-90 and what those taxes for each of those years
would have been when based on the valuation as otherwise permitted by law,
together with 5% interest. If this difference is not paid by the following
September 1, the amount of that difference shall be considered as delinquent
taxes under this Code.
(Source: P.A. 77-2783; 88-455.)
|
35 ILCS 200/10-105
(35 ILCS 200/10-105)
Sec. 10-105.
Interstate bridges.
All bridge structures across any navigable
streams forming the boundary line between the State of Illinois and any other
State, and not classified as operating property by any railroad operating in
this State, shall be assessed by the township or other assessor in the county
or township where the structure is located. All provisions relating to the
assessment and taxation of property, shall apply to those bridges. The assessor
shall give in his or her description the quarter section of property, section
of property, township and range in which the bridge is located or terminates in
this State, together with the metes and bounds of the ground occupied by the
bridge and the approaches to it, from the end on the Illinois shore to the
center of the main channel of the stream crossed by the bridge. To obtain the
description, the assessor may employ a competent surveyor, and the expense of
making the survey and description shall be charged as a tax against the
property by the county clerk, on the certificate of the surveyor. One survey of
any bridge and approaches made under this Code, shall be deemed sufficient for
the purpose of subsequent assessment of the bridge or approaches.
In default of the payment of any tax assessed against any bridge company, the
bridge structure and its approaches that are located within this State,
together with the land on which they are located, as described by the assessor,
and the franchise belonging thereto, shall be sold for the tax at the same time
and in the same manner as other property in the county is sold for delinquent
tax. Any county, city, town, school district or other municipal corporation,
interested in the collection of the tax levied upon the bridge, may become the
purchaser at the sale, or at any sale of the property under judgment recovered
upon, or to enforce the collection of the tax; and if the property so sold is
not redeemed, may acquire, hold, sell and dispose of the title.
(Source: Laws 1939, p. 886; P.A. 88-455.)
|
35 ILCS 200/Art. 10 Div. 6
(35 ILCS 200/Art. 10 Div. 6 heading)
Division 6. Farmland, open space,
and forestry management plan
(Source: P.A. 102-558, eff. 8-20-21.) |
35 ILCS 200/10-110
(35 ILCS 200/10-110)
Sec. 10-110.
Farmland.
The equalized assessed value of a farm, as defined
in Section 1-60 and if used as a farm for the 2 preceding years, except tracts
subject to assessment under Section 10-145, shall be determined as described in
Sections 10-115 through 10-140.
To assure proper implementation of Sections 10-110 through 10-140, the
Department may withhold non-farm multipliers for any county other than a county
with more than 3,000,000 inhabitants that classifies property for tax
purposes.
(Source: P.A. 92-301, eff. 1-1-02.)
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35 ILCS 200/10-115
(35 ILCS 200/10-115)
Sec. 10-115. Department guidelines and valuations for farmland. The
Department shall issue guidelines and recommendations for the valuation of
farmland to achieve equitable assessment within and between counties.
The Director of Revenue shall appoint a five-person Farmland Assessment
Technical Advisory Board, consisting of technical experts from the colleges
or schools of agriculture of the State universities and State and federal
agricultural agencies, to advise in and provide data and technical information
needed for implementation of this Section.
By May 1 of each year, the Department shall certify to each chief county
assessment officer the following, calculated from data provided by the Farmland
Technical Advisory Board, on a per acre basis by soil productivity index for
harvested cropland, using moving averages for the most recent 5-year period for
which data are available:
(a) gross income, estimated by using yields per acre | | as assigned to soil productivity indices, the crop mix for each soil productivity index as determined by the College of Agriculture of the University of Illinois and average prices received by farmers for principal crops as published by the Illinois Crop Reporting Service;
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(b) production costs, other than land costs, provided
| | by the College of Agriculture of the University of Illinois;
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(c) net return to land, which shall be the difference
| | between (a) and (b) above;
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(d) a proposed agricultural economic value determined
| | by dividing the net return to land by the moving average of the Federal Land Bank farmland mortgage interest rate as calculated by the Department;
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(e) the equalized assessed value per acre of farmland
| | for each soil productivity index, which shall be 33-1/3% of the agricultural economic value, or the percentage as provided under Section 17-5; but any increase or decrease in the equalized assessed value per acre by soil productivity index shall not exceed 10% from the immediate preceding year's soil productivity index certified assessed value of the median cropped soil; in tax year 2015 only, that 10% limitation shall be reduced by $5 per acre;
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(f) a proposed average equalized assessed value per
| | acre of cropland for each individual county, weighted by the distribution of soils by productivity index in the county; and
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(g) a proposed average equalized assessed value per
| | acre for all farmland in each county, weighted (i) to consider the proportions of all farmland acres in the county which are cropland, permanent pasture, and other farmland, and (ii) to reflect the valuations for those types of land and debasements for slope and erosion as required by Section 10-125.
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(Source: P.A. 98-109, eff. 7-25-13.)
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35 ILCS 200/10-120
(35 ILCS 200/10-120)
Sec. 10-120.
County Farmland Assessment Review Committee.
A County Farmland
Assessment Review Committee (hereafter referred to as the Committee) shall be
established in each county to advise the chief county assessment officer on the
interpretation and application of the State-certified farmland values,
guidelines and the implementation of this Section. The Committee shall consist
of 5 members: the chief county assessment officer or his or her designee, the
Chairman of the County Board of Review or another member of that Board
appointed by the Chairman, and 3 farmers appointed by the Chairman of the
County Board. The County Board of each county may fix the compensation of
members of the Committee for attendance at meetings of the committee. The chief
county assessment officer or designee shall be chairman and shall convene the
Committee on or about May 1 of each year. The Committee may solicit public
input.
Each chief county assessment officer shall present annually to the Committee
the farmland valuation procedure to be used in that county and the equalized
assessed valuations by productivity index to be used for the next assessment
year. On or about June 1, the Committee shall hold a public hearing on the
equalized assessed values of farmland proposed by the Department and the
implementation of the procedures proposed by the chief county assessment
officer. If the Committee concurs with the procedures and valuations, the
chief county assessment officer shall proceed with the farmland assessment
process. If the Committee objects to the procedures or valuations proposed,
the Committee shall make alternate recommendations to the Department by August
1. The Department shall rule within 30 days and direct the chief county
assessment officer to implement the ruling. The Committee may appeal the
Department's ruling to the Property Tax Appeal Board within 30 days. The
Property Tax Appeal Board shall be the final authority in any appeal and its
decisions under this paragraph shall not be subject to the Administrative
Review Law. Appeals by the Committee shall be heard by the Property Tax Appeal
Board within 30 days of receipt; a decision must be rendered within 60 days of
receipt, and not later than December 31 of the year preceding the assessment
year. Appeals by the Committee of any county shall take precedence over all
individual taxpayer appeals.
(Source: P.A. 86-954; 88-455.)
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35 ILCS 200/10-125
(35 ILCS 200/10-125)
Sec. 10-125.
Assessment level by type of farmland.
Cropland, permanent
pasture and other farmland shall be defined according to U.S. Census Bureau
definitions in use during that assessment year and assessed in the following
way:
(a) Cropland shall be assessed in accordance with the | | equalized assessed value of its soil productivity index as certified by the Department and shall be debased to take into account factors including, but not limited to, slope, drainage, ponding, flooding, and field size and shape.
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(b) Permanent pasture shall be assessed at 1/3 of its
| | debased productivity index equalized assessed value as cropland.
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(c) Other farmland shall be assessed at 1/6 of its
| | debased productivity index equalized assessed value as cropland.
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(d) Wasteland shall be assessed on its contributory
| | value to the farmland parcel.
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In no case shall the equalized assessed value of permanent pasture be below
1/3, nor the equalized assessed value of other farmland, except wasteland, be
below 1/6, of the equalized assessed value per acre of cropland of the lowest
productivity index certified under Section 10-115.
(Source: P.A. 86-954; 88-455.)
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35 ILCS 200/10-130
(35 ILCS 200/10-130)
Sec. 10-130.
Farmland valuation; counties of 3,000,000 or more.
In
counties with more than 3,000,000 inhabitants, the equalized assessed value per
acre of farmland shall be the lesser of either 16% of the fair cash value of
the farmland estimated at the price it would bring at a fair, voluntary sale
for use by the buyer as a farm as defined in Section 1-60, or 90% of the
1983 average equalized assessed value per acre certified by the Department.
(Source: P.A. 86-954; 88-455.)
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35 ILCS 200/10-135
(35 ILCS 200/10-135)
Sec. 10-135.
Farmland not subject to equalization.
The assessed valuation of
farmland assessed under Sections 10-110 through 10-130 shall not be subject to
equalization by means of State equalization factors. Equalization factors
applied by a chief county assessment officer or a Board of Review under
Sections 9-205 and 16-60 shall be applied to assessments of farmland only to
achieve assessments as required by Sections 10-110 through 10-130.
(Source: P.A. 92-301, eff. 1-1-02.)
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35 ILCS 200/10-140
(35 ILCS 200/10-140)
Sec. 10-140.
Other improvements.
Improvements other than the dwelling,
appurtenant structures and site, including, but not limited to, roadside stands
and buildings used for storing and protecting farm machinery and equipment, for
housing livestock or poultry, or for storing feed, grain or any substance that
contributes to or is a product of the farm, shall have an equalized assessed
value of 33 1/3% of their value, based upon the current use of those buildings
and their contribution to the productivity of the farm.
(Source: P.A. 86-954; 88-455.)
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35 ILCS 200/10-145
(35 ILCS 200/10-145)
Sec. 10-145.
Farm dwellings.
Each farm dwelling and appurtenant structures
and the tract upon which they are immediately situated shall be assessed by the
local assessing officials at 33 1/3% of fair cash value except that in counties
that classify property for purposes of taxation in accordance with Section 4 of
Article IX of the Constitution they shall be assessed at the percentage of fair
cash value as required by county ordinance. That assessment shall be subject
to equalization by the Department under Sections 17-5 through 17-30.
(Source: P.A. 82-554; 88-455.)
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35 ILCS 200/10-147
(35 ILCS 200/10-147)
Sec. 10-147.
Former farm; open space.
Beginning with the 1992 assessment
year, the equalized assessed value of any tract of real property that has not
been used as a farm for 20 or more consecutive years shall not be determined
under Sections 10-110 through 10-140. If no other use is established, the tract
shall be considered to be used for open space purposes and its valuation shall
be determined under Sections 10-155 through 10-165.
(Source: P.A. 87-1270; 88-455.)
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35 ILCS 200/10-150
(35 ILCS 200/10-150)
Sec. 10-150.
Property under forestry management plan.
In counties with less
than 3,000,000 inhabitants, any land being managed under a forestry management
plan accepted by the Department of Natural Resources under
the Illinois Forestry
Development Act shall be considered as "other farmland" and shall be valued at
1/6 of its productivity index equalized assessed value as cropland. In
counties with more than 3,000,000 inhabitants, any land totalling 15 acres or
less for which an approved forestry management plan was in effect on or before
December 31, 1985, shall be considered "other farmland". The Department of
Natural Resources shall inform the Department and each
chief county assessment officer of each parcel of land covered by an approved
forestry management plan.
(Source: P.A. 88-455; 89-445, eff. 2-7-96.)
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35 ILCS 200/10-152
(35 ILCS 200/10-152)
(Section scheduled to be repealed on December 31, 2026)
Sec. 10-152. Vegetative filter strip assessment.
(a) In counties with less than 3,000,000 inhabitants, any land
(i) that is
located
between a farm field and an area to be protected, including but not limited to
surface water, a stream, a river, or a sinkhole and
(ii) that meets the requirements of
subsection (b) of this Section shall be considered a "vegetative filter strip"
and valued at 1/6th of its productivity index equalized assessed value as
cropland. In counties with 3,000,000 or more inhabitants, the
land shall be valued at the lesser of either (i) 16% of the fair cash value of
the
farmland estimated at the price it would bring at a fair, voluntary sale for
use by the buyer as a farm as defined in Section 1-60 or (ii) 90% of the 1983
average equalized assessed value per acre certified by the Department of
Revenue.
(b) Vegetative filter strips shall meet the standards and specifications
set forth in the Natural Resources Conservation Service Technical Guide and
shall contain
vegetation that (i) has a dense top growth; (ii) forms a uniform ground cover;
(iii) has a heavy fibrous root system; and (iv) tolerates pesticides used in
the
farm field.
(c) The county's soil and water conservation district
shall assist the taxpayer in completing
a uniform
certified document as prescribed by the Department of Revenue in cooperation
with the Association of Illinois Soil and Water Conservation Districts
that certifies (i)
that the property meets the requirements established under this Section for
vegetative filter strips and (ii) the acreage or square footage of property
that
qualifies for assessment as a vegetative filter strip.
The document shall be filed by the applicant with the Chief County Assessment
Officer. The Chief
County Assessment Officer shall promulgate rules concerning the filing of the
document.
The soil and water conservation district shall create
a conservation plan for the creation of the filter strip.
The plan shall be kept on file in the soil and water
conservation district office. Nothing in this Section shall be construed to
require
any taxpayer to have vegetative filter strips.
(d) A joint report by the
Department of Agriculture and the Department of Natural Resources concerning
the effect and impact of vegetative filter strip assessment shall be submitted
to the General Assembly by March 1, 2006.
(e) This Section is repealed on December 31, 2026.
(Source: P.A. 99-560, eff. 1-1-17; 99-916, eff. 12-30-16.)
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35 ILCS 200/10-153
(35 ILCS 200/10-153)
Sec. 10-153.
Non-clear cut assessment.
Land that (i) is not located in a
unit of local government with a population greater than 500,000, (ii) is
located within 15 yards of waters listed by the Department of Natural Resources
under Section 5 of the Rivers, Lakes, and Streams Act as navigable, and (iii)
has not been clear cut of trees, as defined in Section 29a of the Rivers,
Lakes,
and Streams Act, shall be valued at 1/12th of its productivity index equalized
assessed value as cropland.
(Source: P.A. 91-907, eff. 1-1-01.)
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35 ILCS 200/10-155
(35 ILCS 200/10-155)
Sec. 10-155. Open space land; valuation. In all counties, in
addition to valuation as otherwise permitted by law, land which is used for
open space purposes and has been so used for the 3 years immediately preceding
the year in which the assessment is made, upon application under Section
10-160, shall be valued on the basis of its fair cash value, estimated at the
price it would bring at a fair, voluntary sale for use by the buyer for open
space purposes.
Land is considered used for open space purposes if it is more than 10 acres
in area and:
(a) is actually and exclusively used for maintaining | | or enhancing natural or scenic resources,
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(b) protects air or streams or water supplies,
(c) promotes conservation of soil, wetlands, beaches,
| | or marshes, including ground cover or planted perennial grasses, trees and shrubs and other natural perennial growth, and including any body of water, whether man-made or natural,
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(d) conserves landscaped areas, such as public or
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(e) enhances the value to the public of abutting or
| | neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or other open spaces, or
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(f) preserves historic sites.
Land is not considered used for open space purposes if it is used primarily
for residential purposes.
If the land is improved with a water-retention dam that is operated primarily for commercial purposes, the water-retention dam is not considered to be used for open space purposes despite the fact that any resulting man-made lake may be considered to be used for open space purposes under this Section.
(Source: P.A. 95-70, eff. 1-1-08.)
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35 ILCS 200/10-160
(35 ILCS 200/10-160)
Sec. 10-160. Open space; application process. In counties with 3,000,000 or more inhabitants, the person liable for taxes
on land used for open space purposes must file a verified application
requesting the additional open space valuation with the chief county assessment
officer by January 31 of each year for which that valuation is desired. For taxable years prior to 2011, in counties with less than 3,000,000 inhabitants, the person liable for taxes
on land used for open space purposes must file a verified application
requesting the additional open space valuation with the chief county assessment
officer by January 31 of each year for which that valuation is desired. For taxable year 2011 and thereafter, in counties with less than 3,000,000 inhabitants, the person liable for taxes
on land used for open space purposes must file a verified application
requesting the additional open space valuation with the chief county assessment
officer by June 30 of each year for which that valuation is desired. If the
application is not filed by January 31 or June 30, as applicable, the taxpayer waives the right to claim
that additional valuation for that year. The application shall be in the form
prescribed by the Department and contain information as may reasonably be
required to determine whether the applicant meets the requirements of Section
10-155. If the application shows the applicant is entitled to the valuation,
the chief county assessment officer shall approve it; otherwise, the
application shall be rejected.
When such an application has been filed with and approved by the chief county
assessment officer, he or she shall determine the valuation of the land as
otherwise permitted by law and as required under Section 10-155, and shall list
those valuations separately. The county clerk, in preparing assessment books,
lists and blanks under Section 9-100, shall include therein columns for
indicating the approval of an application and for setting out the two separate
valuations.
(Source: P.A. 97-296, eff. 8-11-11.)
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35 ILCS 200/10-165
(35 ILCS 200/10-165)
Sec. 10-165.
Land no longer used for open space.
When any portion of
the land described in any application filed under Section 10-160 is no longer
used for open space purposes, the person liable for taxes on that land must
notify the chief county assessment officer, in writing.
The person shall pay to the county treasurer, by the following September 1,
the difference between the taxes paid in the 3 preceding years as based on a
valuation under Section 10-155 and what the taxes for those years would have
been when based on the valuation as otherwise permitted by law, together with
5% interest. If this difference is not paid by the following September 1, the
amount of that difference shall be considered as delinquent taxes.
(Source: P.A. 80-1364; 88-455.)
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35 ILCS 200/10-166
(35 ILCS 200/10-166)
Sec. 10-166.
Registered land or land encumbered by conservation rights;
valuation. Except in counties with more than 200,000 inhabitants that classify
property for the purpose of taxation, to the extent any portion of any lot,
parcel, or tract of land is (i) registered in perpetuity under Section 16 of
the Illinois Natural Areas Preservation Act, or (ii) encumbered in perpetuity
by a conservation right, as defined in the Real Property Conservation Rights
Act, if the conservation right has been conveyed and accepted in accordance
with Section 2 of the Real Property Conservation Rights Act, recorded under
Section 5 of that Act, and yields a public benefit as defined in Section 10-167
of this Act, upon application under Section 10-168, the portion of the lot,
parcel, or tract of land registered or encumbered shall be valued at 8-1/3% of
its fair market value estimated as if it were not registered or encumbered; and
any improvement, dwelling, or other appurtenant structure present on any
registered or encumbered portion of land shall be valued at 33-1/3% of its fair
market value. Beginning with the 1995 tax year in counties with more than
200,000 inhabitants that classify property for the purpose of taxation, to the
extent any portion of a lot, parcel, or tract of land is (i) registered in
perpetuity under Section 16 of the Illinois Natural Areas Preservation Act or
(ii) encumbered in perpetuity by a conservation right, as defined in the Real
Property Conservation Rights Act, if the conservation right has been conveyed
and accepted in accordance with Section 2 of the Real Property Conservation
Rights Act, recorded under Section 5 of that Act, and yields a public benefit
as defined in Section 10-167 of this Code, upon application under Section
10-168, the portion of the lot, parcel, or tract of land registered or
encumbered shall be valued at 25% of that percentage of its fair market value
established under this Code, by an ordinance adopted under Section 4 of Article
IX of the Illinois Constitution, or both, as the case may be; and any
improvement, dwelling, or other appurtenant structure present on any registered
or encumbered portion of the land shall be valued at that percentage of fair
market value established under this Code, by an ordinance adopted under Section
4 of Article IX of the Illinois Constitution, or both, as the case may be.
To qualify for valuation under this Section, the
registration agreement or conservation right establishing an encumbrance shall
prohibit the construction of any other structure on the registered or
encumbered land except replacement structures, no larger than the previous
structures which are replaced, that do not interfere with or destroy the
registration or conservation right.
The valuation provided for in this Section shall not apply to any land that
has been valued as open space land under Section 10-155.
(Source: P.A. 88-657, eff. 1-1-95.)
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35 ILCS 200/10-167
(35 ILCS 200/10-167)
Sec. 10-167.
Definition of public benefit; certification.
(a) A conservation right on land shall be considered to provide a
demonstrated public benefit if the Department of Natural Resources certifies
that it protects in perpetuity at least one of the
following:
(1) Land providing a regular opportunity for public | | access to outdoor recreation or outdoor education.
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(2) Land preserving habitat for State or federal
| | endangered or threatened species or federal candidate species as defined in the Code of Federal Regulations (50 CFR 424.02).
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(3) Land identified in the Illinois Natural Areas
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(4) Land determined to be eligible for registration
| | under Section 16 of the Illinois Natural Areas Preservation Act.
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(5) Land contributing to the ecological viability of
| | a park, conservation area, nature preserve, or other high quality native terrestrial or aquatic area that is publicly owned or otherwise protected.
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(6) Land included in, or consistent with a federal,
| | State, regional, or local government policy or plan for the conservation of wildlife habitat or open space, for the restoration or protection of lakes and streams, or for the protection of scenic areas.
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(b) The person liable for taxes on the land shall submit an application to
the Department of Natural Resources requesting certification that the land
meets one of the criteria established in subsection (a). The application shall
be in a form furnished by the Department of Natural Resources. Within 30 days
of receipt of a complete and correct application for certification, the
Department of Natural Resources shall determine whether the land encumbered by
a conservation right provides a demonstrated public benefit and shall inform
the applicant in writing of the decision.
(Source: P.A. 91-357, eff. 7-29-99.)
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35 ILCS 200/10-168
(35 ILCS 200/10-168)
Sec. 10-168.
Valuation of registered land or land encumbered by
conservation rights; application process.
(a) The person liable for taxes on land eligible for assessment under
Section 10-166 must file a verified application requesting the
registered land or conservation rights valuation with the chief county
assessment officer by January 31 of the first year that the valuation is
desired. If the application is not filed by January 31, the taxpayer waives
the right to claim that valuation for that year. The application
shall be in the form prescribed by the Department and shall contain information
as may reasonably be required to determine whether the applicant meets the
requirements of Section 10-166. If the application shows the applicant is
entitled to the valuation, the chief county assessment officer shall approve
it and maintain that valuation until notified as provided in Section 10-169.
Otherwise, the application shall be rejected. The application shall be
accompanied by the certification provided for in Section 10-167, if required.
(b) When the application has been filed with and approved by the chief
county assessment officer, he or she shall determine the valuation of the land
as otherwise permitted by law and as required under Section 10-166, and shall
keep a record of that valuation.
(Source: P.A. 88-657, eff. 1-1-95.)
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35 ILCS 200/10-169
(35 ILCS 200/10-169)
Sec. 10-169.
Land no longer registered or encumbered by conservation
rights.
(a) In the event the registration agreement or conservation right by which a
portion of land has been valued under Section 10-166 is released or amended and
for purposes of a conservation right has the effect of substantially
diminishing the public benefit, the person liable for taxes on the land shall
notify the chief county assessment officer in writing by certified mail within
30 days after the release or amendment. The person liable for taxes on the land
that is no longer registered or encumbered by the conservation right shall pay
the county collector, by the following September 1, the difference between the
taxes paid in the 10 preceding years or, in the event the reduced valuation has
been in effect for less than 10 preceding years, the difference between the
taxes for the years the reduced valuation has been in effect
as based on a valuation under Section 10-166 and what
the taxes for those years would have been when based on the valuation as
otherwise permitted by this Code, by ordinance adopted under Section 4 of
Article IX of the Illinois Constitution, or both, as the case may be, together
with 10% interest. If the difference is not paid by the following September 1,
the amount of that difference shall be considered as delinquent taxes. In the
event the person liable for taxes on the land fails to notify the chief county
assessment officer in writing by certified mail within 30 days after the
release or amendment of the conservation rights, the property shall be treated
as omitted property under the provisions of this Code.
(b) Subsection (a) shall not apply if:
(1) the registration agreement or conservation right | | is released, terminated, or extinguished pursuant to an acquisition by eminent domain of the land registered or encumbered by the conservation right, provided that for purposes of a conservation right the compensation for the conservation right is paid to the grantee of the conservation right; or
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(2) the registration agreement or conservation right
| | is released, terminated, or extinguished in an involuntary judicial proceeding, provided that for purposes of a conservation right all of the proceeds from a sale, exchange, or involuntary conversion of the conservation right are paid to the grantee of the conservation right; or
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(3) the conservation right is released, terminated,
| | or extinguished by the grantee of the conservation right without the consent of the owner of the property encumbered by the conservation right, provided that the owner of the encumbered property subsequently conveys or, in good faith and in cooperation with the Department of Natural Resources, attempts to convey a new conservation right that encumbers the same property and qualifies for valuation under Section 10-166 within 12 months of the release, termination, or extinguishment of the prior conservation right.
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(Source: P.A. 88-657, eff. 1-1-95; 89-445, eff. 2-7-96.)
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35 ILCS 200/Art. 10 Div. 7
(35 ILCS 200/Art. 10 Div. 7 heading)
Division 7.
Coal
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35 ILCS 200/10-170
(35 ILCS 200/10-170)
Sec. 10-170.
Valuation of coal.
The equalized assessed value of each tract
of real property constituting coal shall be determined under Sections 10-175
through 10-200.
(Source: P.A. 85-1359; 88-455.)
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35 ILCS 200/10-175
(35 ILCS 200/10-175)
Sec. 10-175.
Undeveloped coal.
All undeveloped coal in property on which
there has been no mining during the year immediately preceding the assessment
date shall for the purposes of this Code have an undeveloped coal reserve
economic value of no more than $75 per acre. There shall be no per acre
undeveloped coal reserve economic value for persons not in the business of
mining who have not severed the coal from the land by deed or lease.
(Source: P.A. 85-1359; 88-455.)
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35 ILCS 200/10-180
(35 ILCS 200/10-180)
Sec. 10-180.
Developed coal.
Developed coal shall be assessed at 33 1/3% of
the developed coal reserve economic value determined as follows:
Developed Coal Reserve Economic Value equals the present value of the
anticipated net income from the property during the life used to determine
the developed coal.
(a) The interest rate to be used for determining present value shall be
the arithmetic average prime interest rate quoted by the 4 largest United
States banks as measured by total assets located within the Chicago
metropolitan statistical area as defined by the United States Department of
Commerce as of the current assessment date and the 2 preceding assessment
dates, plus 3%.
(b) Net income means 4% of the average spot market price for
Illinois coal as published in a recognized publication prescribed by the
Department, as of the current assessment date and the 2 preceding assessment
dates, multiplied by the number of recoverable tons per acre.
(c) Recoverable coal tons per acre equals 1,742 tons per foot acre
multiplied by seam thickness, and then multiplied by the recovery ratio.
(d) Coal seam thickness means the average thickness of the coal seam or
seams where coal is initially extracted.
(e) Recovery ratio means the lesser of 80% for coal extracted
by surface mining methods and 50% for coal extracted by
underground mining methods or the actual historical recovery ratio for the
mining operation.
(f) The total assessed value of developed coal shall be attributed
equally to the coal acreage that is anticipated to be mined.
(g) Change in the per acre assessed value of coal shall not
exceed 10% in any one year except when a change of acreage classification
occurs.
(Source: P.A. 85-1359; 88-455.)
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35 ILCS 200/10-185
(35 ILCS 200/10-185)
Sec. 10-185.
Prorated assessment.
When initial mining commences after the
assessment date, or when all mining ceases prior to the end of a calendar year,
the coal as assessed pursuant to Section 10-180 shall be assessed on a
proportionate basis in accordance with Section 9-180. For purposes of this
Section any permitted acreage that is to be mined during the current year which
is not included in the anticipated 5 year mine acreage due to a change in the
mining plan shall not be subject to assessment on a proportionate basis in
accordance with Section 9-180.
(Source: P.A. 85-1359; 88-455.)
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35 ILCS 200/10-190
(35 ILCS 200/10-190)
Sec. 10-190.
Cessation of mining.
When mining has taken place during the
year immediately preceding the assessment date, but has completely ceased as of
the assessment date, all remaining unmined coal shall be valued pursuant to
Section 10-175.
(Source: P.A. 85-1359; 88-455.)
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35 ILCS 200/10-195
(35 ILCS 200/10-195)
Sec. 10-195.
Incremental assessment.
Coal assessed under Sections 10-180
and 10-185 shall be added to the tax roll in the following increments as
determined by the assessment date:
1993 - 70% of the assessed value 1994 - 80% of the assessed value 1995 - 90% of the assessed value 1996 and thereafter - 100% of the assessed value
Coal assessments, including assessments based on the value of coal,
that were in effect January 1, 1986 shall be reduced to the undeveloped
coal reserve economic assessed value per acre under Section 10-175 in
annual increments as follows:
1993 - 30% of the 1986 unequalized assessed value 1994 - 20% of the 1986 unequalized assessed value 1995 - 10% of the 1986 unequalized assessed value
1996 and thereafter - the undeveloped coal reserve | |
(Source: P.A. 85-1359; 88-455.)
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35 ILCS 200/10-200
(35 ILCS 200/10-200)
Sec. 10-200.
Coal not subject to State equalization.
Except as provided in
this Section, the assessed valuation of coal assessed under Sections 10-170
through 10-195 shall not be subject to equalization by means of State
equalization factors or State multipliers. Equalization factors applied by a
chief county assessment officer or a Board of Review pursuant to Sections 9-205
and 16-65 shall be applied to assessments of coal only to achieve assessments
as required by Sections 10-170 through 10-195.
(Source: P.A. 85-1359; 88-455.)
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35 ILCS 200/Art. 10 Div. 8
(35 ILCS 200/Art. 10 Div. 8 heading)
Division 8.
Sports stadiums
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35 ILCS 200/10-205
(35 ILCS 200/10-205)
Sec. 10-205.
Sports stadium property.
For purposes of the property tax laws
of this State, qualified property in municipalities with more than 2,000,000
inhabitants shall be classified and valued as set forth in Sections 10-210
through 10-220 during the period beginning July 1, 1989, and ending with the
year 22 years after the base year.
(Source: P.A. 86-110; 88-455.)
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35 ILCS 200/10-210
(35 ILCS 200/10-210)
Sec. 10-210.
Definitions.
For purposes of Sections 10-205, 10-215, and
10-220:
(a) "Base year" means the first tax year after the tax year in
which construction of the new stadium is completed.
(b) "Tax year" means the calendar year for which assessed value
is determined as of January 1 of that year.
(c) "Base period" means the calendar year immediately preceding
the tax year.
(d) "Interest" for the base period means the annual interest that would
accrue on a principal amount equal to 100% of all costs (including
construction period interest actually incurred) incurred with respect to
the acquisition, construction or improvement of property described in
subsection (a) of Section 10-215 through the end of the base period, if the
interest rate were equal to the average, compounded quarterly, of the
corporate base rate reported as in effect on the first business day of each
month of the base period by the largest bank (measured by assets) with its
head office located in Chicago, Illinois.
(e) "Income taxes" for the base period shall mean federal and State
income taxes computed by multiplying the taxable income from the property
by the lower of (1) the highest tax rates applicable to individuals or (2)
the highest tax rates applicable to corporations.
(Source: P.A. 86-110; 88-455 .)
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35 ILCS 200/10-215
(35 ILCS 200/10-215)
Sec. 10-215.
Qualified property.
Qualified property means:
(a) a new stadium having a seating capacity in excess of 18,000 and less
than 28,000 which is constructed primarily for the purpose of holding
professional sports and amusement events and construction of which is
commenced after July 1, 1989, or any parking lot or parking garage for
participants, spectators or staff which is acquired, constructed or
improved at any time primarily for use in connection with the stadium, or any
property on which the stadium, lot or garage is located;
(b) property that would qualify as property described in subsection (a) of
this Section, except that construction of the new stadium is not completed by
the first day of the tax year; or
(c) any parking lot or parking garage that is located within 3,000 feet of
property described in subsection (a) of this Section, that is used primarily in
connection with any existing stadium or with property described in subsection
(a) of this Section, and that was employed for those uses prior to July 1,
1989, or any property on which the lot or garage is located.
(Source: P.A. 86-110; 88-455 .)
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35 ILCS 200/10-220
(35 ILCS 200/10-220)
Sec. 10-220.
Valuation.
(a) For the base year and subsequent tax years, property described in
subsection (a) of Section 10-215 shall be classified so that it is valued in
relation to 20% of the property's fair cash value. The fair cash value of the
property shall be equal to 4 times the annual net income (revenues net of all
expenses, including interest, income taxes, and all property maintenance or
replacement expenditures whether or not capital in nature, but not including
depreciation) actually earned by its owners from the property during the base
period.
(b) For any tax year prior to the base year, property described in
subsections (b) and (c) of Section 10-215 shall be classified and valued so
that the fair cash value of the property does not exceed the fair cash
value of the property for the 1989 tax year, as adjusted by the percentage
increase in valuation of all property in the municipality between 1989 and
the tax year.
(c) The fair cash value of property described in Section 10-215 shall be
determined as specified in this Section and without taking into account (1)
the planned or actual construction and improvement of property described in
subsection (a) of Section 10-215, or (2) any acquisition, replacement or
resale values or alternative uses assumed or imputed in contemplation or in
consequence of such planned or actual construction and improvement.
(d) Notwithstanding any other provision of this Section, including
subsection (c), the aggregate of all property taxes payable on the
property described in Section 10-215 shall not be less than:
(1) for any tax year prior to the base year, the | | aggregate property taxes payable on such property for the 1988 tax year;
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(2) for the base year, $600,000;
(3) for the first tax year following the base year,
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(4) for the second tax year following the base year,
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(5) for the third tax year following the base year
| | and for each tax year thereafter, $1,000,000.
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(Source: P.A. 86-110; 88-455.)
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35 ILCS 200/10-223
(35 ILCS 200/10-223)
Sec. 10-223.
Former farm; open space.
Beginning with the 1992 assessment
year, the equalized assessed value of any tract of real property that has not
been used as a farm for 20 or more consecutive years shall not be determined
under Sections 10-110 through 10-140. If no other use is established, the tract
shall be considered to be used for open space purposes and its valuation shall
be determined under Sections 10-155 through 10-165.
(Source: P.A. 87-1270; incorporates 88-45; 88-670, eff. 12-2-94.)
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35 ILCS 200/Art. 10 Div. 9
(35 ILCS 200/Art. 10 Div. 9 heading)
Division 9.
Nurseries
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35 ILCS 200/10-225
(35 ILCS 200/10-225)
Sec. 10-225.
Stock of nurseries.
The stock of nurseries,
when growing, shall be assessed as property and when severed shall be
considered merchandise.
(Source: Laws 1941, vol. 1, p. 1062; P.A. 88-455.)
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35 ILCS 200/Art. 10 Div. 10
(35 ILCS 200/Art. 10 Div. 10 heading)
Division 10.
Electric Power Generating Stations
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35 ILCS 200/10-230
(35 ILCS 200/10-230)
Sec. 10-230.
Creation of task force; 1997 through 1999 property assessments
of certain utility property.
(a) This Section establishes an Electric Utility Property Assessment
Task Force to advise the General Assembly with respect to the possible impact
of the Electric Service Customer Choice and Rate Relief Law of 1997 on the
valuation of the real property component of electric generating stations owned
by
electric utilities and, therefore, on the taxing districts in this State in
which electric generating stations are located.
(b) There shall be established and appointed in accordance with this Section
an Electric Utility Property Assessment Task Force. Such Task Force shall
be chaired by the President of the Taxpayers' Federation of Illinois, who shall
be a non-voting member of the Task Force. The Task Force shall be composed of
10 voting members, 6 of whom shall be representatives of taxing districts in
which electric generating stations are located and 4 of whom shall be
representatives
of
electric utilities in this State, at least one of
whom shall be from an electric utility serving over 1,000,000 retail customers
in this State and at least one of whom shall be from an electric utility
serving over 500,000 but less than 1,000,000 retail customers in this State.
(c) The voting members of this Task Force shall be appointed
as follows: (i) 3 of the voting members, one of whom shall be
from an electric utility, shall be appointed by
the President of the Senate; (ii)
3 of the voting members, one of whom shall be from an
electric utility, shall be appointed
by the Speaker of the House of Representatives; (iii) 2 of the voting members,
one of whom
shall be from an electric utility, shall be
appointed by the Minority Leader of the Senate; and (iv) 2 of
the voting members, one of whom shall be from an electric utility,
shall be appointed by the Minority Leader of the House of Representatives.
Such appointments shall be made within 30 days after the effective date of this
amendatory Act of 1997. Members of the Task Force shall receive no
compensation for their services but shall be entitled to reimbursement of
reasonable expenses incurred while performing their duties.
(d) The Task Force shall submit a report to the General Assembly by January
1, 1999 which shall: (i) analyze whether, and to what extent, taxing districts
throughout this State will experience significant sustained erosions of their
property tax bases and property tax revenues as a result of the restructuring
of the electric industry in this State; and (ii) make recommendations for
legislative changes to address any such impacts.
(e) Beginning with the 1997 assessment year through the assessment
year of 1999,
the fair cash value of any electric power generating plant owned as of November
1, 1997, by an electric utility, as that term is defined in Section 16-102 of
the Public Utilities Act, shall be determined using original cost less
depreciation of the electric power generating plant. When determining
original cost less depreciation, including the original cost less
depreciation of all new construction, the rate or rates of depreciation
applied shall be the same as the rate or rates in effect November
1, 1997, under the Public Utilities Act and the rules and orders of the
Illinois Commerce Commission, irrespective of any change in ownership of the
property occurring after the effective date of the provisions of the Electric
Service Customer Choice and Rate Relief Law of 1997. Nothing in this
subsection shall be construed to affect the classification of property as real
or personal. Determinations of original cost less depreciation for purposes of
this subsection shall be made without regard for the use of any accelerated
cost recovery method including accelerated depreciation, accelerated
amortization or other capital recovery methods, or reductions to original cost
of an electric power generating plant made as a result of the provisions of
Senate
Amendment No. 2 to House Bill
362, enacted by the 90th General Assembly.
(Source: P.A. 90-562, eff. 12-16-97.)
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35 ILCS 200/Art. 10 Div. 11
(35 ILCS 200/Art. 10 Div. 11 heading)
Division 11.
Low-income housing
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35 ILCS 200/10-235
(35 ILCS 200/10-235)
Sec. 10-235. Low-income housing project valuation policy;
intent. It is the policy of this State that low-income housing projects
developed under Section 515 of the federal Housing Act or that qualify for the low-income housing tax credit under Section 42 of the
Internal Revenue Code shall be valued at 33 and
one-third percent of the fair market value of their economic productivity
to the owners of the projects to help insure that their valuation for
property taxation does not result in taxes so high that rent levels
must be raised to cover this project expense, which can cause excess
vacancies, project loan defaults, and eventual loss of rental housing
facilities for those most in need of them, low-income families and the
elderly. It is the intent of this State that the valuation required by
this Division is the closest representation of cash value required by law
and is the method established as proper and fair.
(Source: P.A. 92-16, eff. 6-28-01; 93-533, eff. 1-1-04; 93-755, eff. 7-16-04.)
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35 ILCS 200/10-240
(35 ILCS 200/10-240)
Sec. 10-240.
Definition of Section 515 low-income housing projects.
"Section 515 low-income housing projects" mean rental apartment facilities
(i) developed and managed under a United States Department of Agriculture
Rural Rental Housing Program designed to provide affordable housing to low
to moderate income families and seniors in rural communities with
populations under 20,000, (ii) that receive a subsidy in the form of a 1%
loan interest rate and a 50-year amortization of the mortgage, (iii) that
would not have been built without a Section 515 interest credit subsidy, and
(iv) where the owners of the projects are limited to an annual profit of an
8% return on a 5% equity investment, which may result in a modest cash flow
to owners of the projects unless actual expenses, including property taxes,
exceed budget projections, in which case no profit may be realized.
(Source: P.A. 91-651, eff. 1-1-00; 92-16, eff. 6-28-01.)
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35 ILCS 200/10-245
(35 ILCS 200/10-245)
Sec. 10-245. Method of valuation of low-income housing projects. Notwithstanding Section 1-55 and except in counties with a population of more
than 200,000 that classify property for the purposes of taxation, to determine
33 and one-third percent of the fair cash value of any low-income housing
project developed under the Section 515 program or that qualifies for the low-income housing tax credit under Section 42
of the Internal Revenue Code, in assessing the project, local assessment
officers must consider the actual or probable net operating income attributable
to the property, using a vacancy rate of not more than 5%, capitalized at normal
market rates. The interest rate to be used in developing the normal market
value capitalization rate shall be one that reflects the prevailing cost of
cash for other types of commercial real estate in the geographic market in
which the low-income housing project is located.
(Source: P.A. 93-533, eff. 1-1-04; 93-755, eff. 7-16-04; 94-1086, eff. 1-19-07.)
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35 ILCS 200/10-250
(35 ILCS 200/10-250)
Sec. 10-250. Certification procedure and effective date of
implementation.
(a) After (i) an application for a Section 515 low-income housing project
certificate is filed with the State Director of
the United States Department of Agriculture Rural Development Office in a
manner and form prescribed in
regulations issued by the office and (ii) the certificate is issued certifying
that the housing is a Section 515 low-income housing project as defined in
Section 2 of this Act, the certificate must be presented to the appropriate
local assessment officer to receive the property assessment valuation under
this Division. The local assessment officer must assess the property according
to this Act.
Beginning on January 1, 2000, all certified
Section 515 low-income housing
projects shall be assessed in accordance with Section 10-245.
(b) Beginning with taxable year 2004, all low-income housing projects
that qualify for the low-income housing tax credit under Section 42 of the
Internal Revenue Code
shall be
assessed in accordance with Section 10-245 if the owner or owners of the
low-income
housing project certify to the appropriate local assessment officer that the
owner or owners qualify for the low-income housing tax credit under Section 42 of the
Internal Revenue Code for the property.
(Source: P.A. 93-533, eff. 1-1-04; 93-755, eff. 7-16-04.)
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35 ILCS 200/10-255
(35 ILCS 200/10-255)
Sec. 10-255.
Rules.
The Department of Revenue may adopt rules to implement
and administer this Division.
(Source: P.A. 91-651, eff. 1-1-00.)
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35 ILCS 200/10-260
(35 ILCS 200/10-260)
Sec. 10-260. Low-income housing. In determining the fair
cash value of property receiving benefits from the Low-Income Housing Tax
Credit authorized by Section 42 of the Internal Revenue Code, 26 U.S.C. 42,
emphasis shall be given to the income approach.
In counties with more than 3,000,000 inhabitants, during a general reassessment year in accordance with Section 9-220 or at such other time that a property is reassessed, to determine the fair cash value of any low-income housing project that qualifies for the Low-Income Housing Tax Credit under Section 42 of the Internal Revenue Code: (i) in assessing any building with 7 or more units, the assessment officer must consider the actual or projected net operating income attributable to the property, capitalized at rates for similarly encumbered Section 42 properties; and (ii) in assessing any building with 6 units or less, the assessment officer, prior to finalizing and certifying assessments to the Board of Review, shall reassess the building considering the actual or projected net operating income attributable to the property, capitalized at rates for similarly encumbered Section 42 properties. The capitalization rate for items (i) and (ii) shall be one that reflects the prevailing cost of capital for other types of similarly encumbered Section 42 properties in the geographic market in which the low-income housing project is located. All low-income housing projects that seek to be assessed in accordance with the provisions of this Section shall certify to the appropriate local assessment officer that the owner or owners qualify for the Low-Income Housing Tax Credit under Section 42 of the Internal Revenue Code for the property, in a form prescribed by that assessment officer. (Source: P.A. 102-175, eff. 7-29-21.)
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35 ILCS 200/Art. 10 Div. 12
(35 ILCS 200/Art. 10 Div. 12 heading)
Division 12.
Veterans organization property
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35 ILCS 200/10-300
(35 ILCS 200/10-300)
Sec. 10-300. Veterans organization assessment freeze.
(a) For the taxable year 2000 and thereafter, the assessed value of real
property owned and used by a veterans organization chartered under federal law,
on which is located the principal building for the post, camp, or chapter, and, for taxable years 2004 and thereafter, the assessed value of real property owned by such an organization and used by the organization's members and guests for parking at the principal building for the post, camp, or chapter, must
be frozen by the chief county assessment officer at (i) 15%
of the 1999 assessed value of the property for property that qualifies for the
assessment freeze in taxable year 2000 or (ii) 15% of the assessed value of the
property for the taxable year that the property first qualifies for the
assessment freeze after taxable year 2000. If, in any year, improvements or
additions are made to the property that would increase the assessed value of
the property were it not for this Section, then 15% of the assessed value of
such improvements shall be added to the assessment of the property for that
year and all subsequent years the property is eligible for the freeze.
(b) The veterans organization must annually submit an application to the
chief county assessment officer on or before (i) January 31 of the assessment
year in counties with a population of 3,000,000 or more and (ii) December 31 of
the assessment year in all other counties. The initial application must
contain the information required by the Department of Revenue, including (i)
a copy of the organization's congressional charter, (ii) the location or
description of the property on which is located the principal building for
the post, camp, or chapter, (iii) a written instrument evidencing that the
organization is the record owner or has a legal or equitable interest in the
property, (iv) an affidavit that the organization is liable for paying the real
property taxes on the property, and (v) the signature of the organization's
chief presiding officer. Subsequent applications shall include any changes in
the initial application and shall be signed by the organization's chief
presiding officer. All applications shall be notarized.
(c) This Section shall not apply to parcels exempt under Section 15-145.
(Source: P.A. 92-16, eff. 6-28-01; 93-753, eff. 7-16-04.)
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35 ILCS 200/Art. 10 Div. 13
(35 ILCS 200/Art. 10 Div. 13 heading)
Division 13.
Fraternal organization property
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35 ILCS 200/10-350
(35 ILCS 200/10-350)
Sec. 10-350.
Fraternal organization assessment freeze.
(a) For the taxable year 2001 and thereafter, the assessed value of real
property owned and used by a fraternal organization chartered by the State of
Illinois prior to 1900, or its subordinate organization or entity, (i) that
prohibits gambling and the use of alcohol on the property, (ii) that
is an exempt entity under Section 501(c)(10) of the Internal Revenue Code, and
(iii) whose members provide, directly or indirectly, financial support for
charitable works, which may include medical care, drug rehabilitation, or
education, shall be established by the chief county assessment officer as
follows:
(1) if the property meets the qualifications set | | forth in this Section on January 1, 2001 and on January 1 of each subsequent assessment year, for assessment year 2001 and each subsequent assessment year, the final assessed value of the property shall be 15% of the final assessed value of the property for the assessment year 2000; or
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(2) if the property first meets the qualifications
| | set forth in this Section on January 1 of any assessment year after assessment year 2001 and on January 1 of each subsequent assessment year, for that first assessment year and each subsequent assessment year, the final assessed value shall be 15% of the final assessed value of the property for the assessment year in which the property first meets the qualifications set forth in this Section.
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If, in any year, additions or improvements are made to property subject to
assessment under this Section and the additions or improvements would increase
the assessed value of the property, then 15% of the final assessed value of the
additions or improvements shall be added to the final assessed value of the
property for the year in which the additions or improvements are completed and
for all subsequent years that the property is eligible for assessment under
this Section.
(b) For purposes of this Section, "final assessed value" means the assessed
value after final board of review action.
(c) Fraternal organizations whose property is assessed under this Section
must annually submit an application to the chief county assessment officer on
or before (i) January 31 of the assessment year in counties with a population
of 3,000,000 or more and (ii) December 31 of the assessment year in all other
counties. The initial application must contain the information required by the
Department of Revenue, which shall prepare the form, including:
(1) a copy of the organization's charter from the
| | State of Illinois, if applicable;
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(2) the location or legal description of the property
| | on which is located the principal building for the organization, including the PIN number, if available;
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(3) a written instrument evidencing that the
| | organization is the record owner or has a legal or equitable interest in the property;
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(4) an affidavit that the organization is liable for
| | paying the real property taxes on the property; and
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(5) the signature of the organization's chief
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Subsequent applications shall include any changes in the initial application
and shall affirm the ownership, use, and liability for taxes for the year in
which it is submitted. All applications shall be notarized.
(d) This Section does not apply to parcels exempt from property taxes under
this Code.
(Source: P.A. 91-834, eff. 1-1-01.)
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35 ILCS 200/10-355
(35 ILCS 200/10-355)
Sec. 10-355.
Fraternal organization assessment freeze.
(a) For the taxable year 2002 and thereafter, the assessed value of real
property owned and used by a fraternal
organization that on December 31, 1926 had its national headquarters in
Illinois or that
was chartered in Illinois in February 1898, or its subordinate
organization or entity, that is exempt under Section 501(c)(8) of
the Internal Revenue Code and
whose members provide, directly or indirectly, financial support for
charitable works, which may include medical care, drug rehabilitation, or
education, shall be established by the chief county assessment officer as
follows:
(1) if the property meets the qualifications set | | forth in this Section on January 1, 2002 and on January 1 of each subsequent assessment year, for assessment year 2002 and each subsequent assessment year, the final assessed value of the property shall be 15% of the final assessed value of the property for the assessment year 2001; or
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(2) if the property first meets the qualifications
| | set forth in this Section on January 1 of any assessment year after assessment year 2002 and on January 1 of each subsequent assessment year, for that first assessment year and each subsequent assessment year, the final assessed value shall be 15% of the final assessed value of the property for the assessment year in which the property first meets the qualifications set forth in this Section.
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If, in any year, additions or improvements are made to property subject to
assessment under this Section and the additions or improvements would increase
the assessed value of the property, then 15% of the final assessed value of the
additions or improvements shall be added to the final assessed value of the
property for the year in which the additions or improvements are completed and
for all subsequent years that the property is eligible for assessment under
this Section.
(b) For purposes of this Section, "final assessed value" means the assessed
value after final board of review action.
(c) Fraternal organizations whose property is assessed under this Section
must annually submit an application to the chief county assessment officer on
or before (i) January 31 of the assessment year in counties with a population
of 3,000,000 or more and (ii) December 31 of the assessment year in all other
counties. The initial application must contain the information required by the
Department of Revenue, which shall prepare the form, including:
(1) a copy of the organization's charter from the
| | State of Illinois, if applicable;
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(2) the location or legal description of the property
| | on which is located the principal building for the organization, including the PIN number, if available;
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(3) a written instrument evidencing that the
| | organization is the record owner or has a legal or equitable interest in the property;
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(4) an affidavit that the organization is liable for
| | paying the real property taxes on the property; and
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(5) the signature of the organization's chief
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Subsequent applications shall include any changes in the initial application
and shall affirm the ownership, use, and liability for taxes for the year in
which it is submitted. All applications shall be notarized.
(d) This Section does not apply to parcels exempt from property taxes under
this Code.
(Source: P.A. 92-388, eff. 1-1-02; 92-859, eff. 1-3-03.)
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35 ILCS 200/10-360
(35 ILCS 200/10-360)
Sec. 10-360.
Fraternal organization assessment freeze.
(a) For the taxable year 2003 and thereafter, the assessed value of real
property owned and used by a fraternal organization or its affiliated Illinois
not for profit corporation chartered prior to 1920 that is an exempt entity
under Section 501(c)(2), 501(c)(8) or 501(c)(10) of the
Internal Revenue Code and
whose members provide, directly or indirectly, financial support for
charitable works, which may include medical care, drug rehabilitation, or
education, shall be established by the chief county assessment officer as
follows:
(1) if the property meets the qualifications set | | forth in this Section on January 1, 2003 and on January 1 of each subsequent assessment year, for assessment year 2003 and each subsequent assessment year, the final assessed value of the property shall be 15% of the final assessed value of the property for the assessment year 2002; or
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(2) if the property first meets the qualifications
| | set forth in this Section on January 1 of any assessment year after assessment year 2003 and on January 1 of each subsequent assessment year, for that first assessment year and each subsequent assessment year, the final assessed value shall be 15% of the final assessed value of the property for the assessment year in which the property first meets the qualifications set forth in this Section.
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If, in any year, additions or improvements are made to property subject to
assessment under this Section and the additions or improvements would increase
the assessed value of the property, then 15% of the final assessed value of the
additions or improvements shall be added to the final assessed value of the
property for the year in which the additions or improvements are completed and
for all subsequent years that the property is eligible for assessment under
this Section.
(b) For purposes of this Section, "final assessed value" means the assessed
value after final board of review action.
(c) Fraternal organizations or their affiliated not for profit corporations
whose property is assessed under this Section
must annually submit an application to the chief county assessment officer on
or before (i) January 31 of the assessment year in counties with a population
of 3,000,000 or more and (ii) December 31 of the assessment year in all other
counties. The initial application must contain the information required by the
Department of Revenue, which shall prepare the form, including:
(1) the location or legal description of the property
| | on which is located the principal building for the organization, including the PIN number, if available;
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(2) a written instrument evidencing that the
| | organization or not for profit corporation is the record owner or has a legal or equitable interest in the property;
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(3) an affidavit that the organization or not for
| | profit corporation is liable for paying the real property taxes on the property; and
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(4) the signature of the organization's or not for
| | profit corporation's chief presiding officer.
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Subsequent applications shall include any changes in the initial application
and shall affirm the ownership, use, and liability for taxes for the year in
which it is submitted. All applications shall be notarized.
(d) This Section does not apply to parcels exempt from property taxes under
this Code.
(Source: P.A. 92-859, eff. 1-3-03.)
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35 ILCS 200/Art. 10 Div. 14
(35 ILCS 200/Art. 10 Div. 14 heading)
Division 14. Valuation of certain leases of exempt property
(Source: P.A. 94-974, eff. 6-30-06 .) |
35 ILCS 200/10-365 (35 ILCS 200/10-365) Sec. 10-365. U.S. Military Public/Private Residential Developments. Unless otherwise agreed to pursuant to a separate settlement agreement pursuant to Section 10-385 of this Code, PPV Leases must be classified and valued as set forth in Sections 10-370 through 10-380 during the period beginning January 1, 2006 and ending December 31, 2055.
(Source: P.A. 99-738, eff. 8-5-16; 100-456, eff. 8-25-17.) |
35 ILCS 200/10-370 (35 ILCS 200/10-370) Sec. 10-370. Definitions. For the purposes of this Division 14: (a) "PPV Lease" means a leasehold interest in property that is exempt from taxation under Section 15-50 of this Code and that is leased, pursuant to authority set forth in Chapter 10 of the United States Code, to another whose property is not exempt for the purpose of, after January 1, 2006, the design, finance, construction, renovation, management, operation, and maintenance of rental housing units and associated improvements at military training facilities, military bases, and related military support facilities in the State of Illinois. All interests enjoyed pursuant to the authority set forth in Chapter 159 or Chapter 169 of Title 10 of the United States Code are considered leaseholds for the purposes of this Division. The changes to this Section made by this amendatory Act of the 97th General Assembly apply beginning on January 1, 2006. (b) For tax years prior to 2017, for naval training facilities, naval bases, and naval support facilities, "net operating income" means all revenues received minus the lesser of (i) 62% of all revenues or (ii) actual expenses before interest, taxes, depreciation, and amortization. For all other military training facilities, military bases, and related military support facilities, "net operating income" means all revenues received minus the lesser of (i) 42% of all revenues or (ii) actual expenses before interest, taxes, depreciation, and amortization. (b-5) For tax year 2017 and thereafter, for naval training facilities, naval bases, and naval support facilities, "net operating income" means all revenues received minus the actual expenses before interest, taxes, depreciation, and amortization. (c) "Tax load factor" means the level of assessment, as set forth under item (b) of Section 9-145 or under Section 9-150, multiplied by the cumulative tax rate for the current taxable year.
(Source: P.A. 100-456, eff. 8-25-17.) |
35 ILCS 200/10-375 (35 ILCS 200/10-375) Sec. 10-375. Valuation. (a) A PPV Lease must be valued at its fair cash value, as provided under item (b) of Section 9-145 or under Section 9-150. (b) The fair cash value of a PPV Lease must be determined by using an income capitalization approach.
(c) To determine the fair cash value of a PPV Lease, the net operating income is divided by (i) a rate of 12% plus (ii) the actual or most recently ascertainable tax load factor for the subject year. (d) By April 15 of each year, the holder of a PPV Lease must report to the chief county assessment officer in each county in which the leasehold property is located the annual gross income and expenses derived and incurred from the PPV Lease, including the rental of leased property for each military housing facility subject to a PPV Lease.
(Source: P.A. 100-456, eff. 8-25-17.) |
35 ILCS 200/10-380 (35 ILCS 200/10-380) Sec. 10-380. For the taxable years 2006 through 2055, the chief county assessment officer in the county in which property subject to a PPV Lease is located shall apply the provisions of Sections 10-370(b)(i) and 10-375(c)(i) of this Division 14 in assessing and determining the value of any PPV Lease for purposes of the property tax laws of this State. (Source: P.A. 99-738, eff. 8-5-16; 100-456, eff. 8-25-17.) |
35 ILCS 200/10-385 (35 ILCS 200/10-385) Sec. 10-385. PPV leases; tax settlement agreements. A taxable PPV lease under Section 10-375 of this Act that (i) encumbers exempt real property located within a county of less than 600,000 inhabitants and (ii) is related to taxable real property used for military housing purposes may be assessed and valued pursuant to the terms of a real property tax assessment settlement agreement executed between the local county assessment officials and the taxpayer, provided that appeals challenging the valuation and taxation of the PPV lease were pending as of January 1, 2006 or thereafter. Appropriate authorities, including other county and State officials, may be parties to those settlement agreements. Those agreements may provide for the settlement of issues related to the assessed valuation of the PPV lease or the property and may provide for related payments, refunds, claims, and credits against property taxes and liabilities in current and future years. Those agreements may provide for a total assessment or maximum annual tax payment for all contested tax years and future tax years for up to a 20-year term. Those agreements may also provide for annual adjustments to the extent that taxes levied against the PPV lease or property exceed the amounts due, as expressed in the agreement. The adjustments may be made as credits to be applied to current tax bills applicable to the PPV lease, the property, or both. No referendum approval shall be required for such agreements, and they shall not constitute indebtedness of any taxing district for the purposes of any statutory limitation.
(Source: P.A. 99-818, eff. 8-15-16.) |
35 ILCS 200/Art. 10 Div. 15
(35 ILCS 200/Art. 10 Div. 15 heading)
Division 15. Supportive living facilities
(Source: P.A. 94-1086, eff. 1-19-07 .) |
35 ILCS 200/10-390 (35 ILCS 200/10-390)
Sec. 10-390. Valuation of supportive living facilities. (a) Notwithstanding Section 1-55, to determine
the fair cash value of any supportive living facility established under Section 5-5.01a of the Illinois Public Aid Code, in assessing the facility, a local assessment
officer must use the income capitalization approach. For the purposes of this Section, gross potential income must not exceed the maximum individual Supplemental Security Income (SSI) amount, minus a resident's personal allowance as defined at 89 Ill. Adm. Code 146.205, multiplied by the number of apartments authorized by the supportive living facility certification. (b) When assessing supportive living facilities, the local assessment
officer may not consider: (1) payments from Medicaid for services | | provided to residents of supportive living facilities when such payments constitute income that is attributable to services and not attributable to the real estate; or
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| (2) payments by a resident of a supportive
| | living facility for services that would be paid by Medicaid if the resident were Medicaid-eligible when such payments constitute income that is attributable to services and not attributable to real estate.
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(Source: P.A. 102-16, eff. 6-17-21; 103-154, eff. 6-30-23.)
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35 ILCS 200/Art. 10 Div. 16
(35 ILCS 200/Art. 10 Div. 16 heading)
Division 16. Conservation Stewardship Law
(Source: P.A. 95-633, eff. 10-1-07 .) |
35 ILCS 200/10-400 (35 ILCS 200/10-400) Sec. 10-400. Short title; findings and policy. (a) This Division may be cited as the Conservation Stewardship Law.
(b) The General Assembly finds that it is in the best interest of this State to maintain, preserve, conserve, and manage unimproved land to assure the protection of these limited and unique environmental resources for the economic and social well-being of the State and its citizens. The General Assembly further finds that, to maximize voluntary taxpayer participation in conservation programs, conservation should be recognized as a legitimate land use and taxpayers should have a full range of incentive programs from which to choose. Therefore, the General Assembly declares that it is in the public interest to prevent the forced conversion of unimproved land to more intensive uses as a result of economic pressures caused by the property tax system at values incompatible with their preservation and management as unimproved land, and that a program should be designed to permit the continued availability of this land for these purposes. The General Assembly further declares that the following provisions are intended to allow for the conservation, management, and assessment of unimproved land generally suitable for the perpetual growth and preservation of such land in this State.
(Source: P.A. 95-633, eff. 10-1-07.) |
35 ILCS 200/10-405 (35 ILCS 200/10-405) Sec. 10-405. Definitions. As used in this Division: "Unimproved land" means woodlands, prairie, wetlands, or other vacant and undeveloped land that is not used for any residential or commercial purpose that materially disturbs the land. "Conservation management plan" means a plan approved by the Department of Natural Resources that specifies conservation and management practices, including uses that will be conducted to preserve and restore unimproved land. "Managed land" means unimproved land of 5 contiguous acres or more that is subject to a conservation management plan.
(Source: P.A. 95-633, eff. 10-1-07.) |
35 ILCS 200/10-410 (35 ILCS 200/10-410) Sec. 10-410. Conservation management plan; rules. The Department of Natural Resources shall adopt rules specifying the form and content of a conservation management plan sufficient for managed land to be valued under this Division. The rules adopted under this Section must require a description of the managed land and must specify the conservation and management practices that are appropriate to preserve and maintain unimproved land in this State and any other conservation practices.
(Source: P.A. 95-633, eff. 10-1-07.) |
35 ILCS 200/10-415 (35 ILCS 200/10-415) Sec. 10-415. Plan submission and review; approval. (a)
A taxpayer requesting special valuation of unimproved land under this Division must first submit a conservation management plan for that land to the Department of Natural Resources for review. The Department of Natural Resources shall review each submitted plan for compliance with the standards and criteria set forth in its rules. (b) Upon approval, the Department of Natural Resources shall issue to the taxpayer a written declaration that the land is subject to a conservation management plan approved by the Department of Natural Resources. (c) The Department of Natural Resources shall reapprove the plan every 10 years and revise it when necessary or appropriate. (d) If a plan is not approved, then the Department of Natural Resources shall state the reasons for the denial and provide the taxpayer an opportunity to amend the plan to conform to the requirements of this Division. If the application is denied a second time, the taxpayer may appeal the decision to an independent 3-member panel to be established within the Department of Natural Resources.
(e) The submission of an application for a conservation management plan under this Section or of a forestry management plan under Section 10-150 shall be treated as compliance with the requirements of that plan until the Department of Natural Resources can review the application. The Department of Natural Resources shall certify, to the Department, these applications as being approved plans for the purpose of this Division.
(Source: P.A. 95-633, eff. 10-1-07.) |
35 ILCS 200/10-420 (35 ILCS 200/10-420) Sec. 10-420. Special valuation of managed land; exceptions. (a)
In all counties, except for Cook County, beginning with assessments made in 2008 and thereafter, managed land for which an application has been approved under Section 10-415 that contains 5 or more contiguous acres is valued at 5% of its fair cash value. (b) The special valuation under this Section does not apply to (i) any land that has been assessed as farmland under Sections 10-110 through 10-145, (ii) land valued under Section 10-152 or 10-153, (iii) land valued as open space under Section 10-155, (iv) land certified under Section 10-167, or (v) any property dedicated as a nature preserve or a nature preserve buffer under the Illinois Natural Areas Preservation Act and assessed in accordance with subsection (e) of Section 9-145.
(Source: P.A. 95-633, eff. 10-1-07.) |
35 ILCS 200/10-425 (35 ILCS 200/10-425) Sec. 10-425. Certification. (a)
The Department of Natural Resources shall certify to the Department a list of applications approved under Section 10-415. This list must contain the following information for each approved application: (1) the name and address of the taxpayer; (2) the county in which the land is located; (3) the size and each property index number or | | legal description of the land that was approved; and
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| (4) copies of the taxpayer's approved conservation
| | (b) Within 30 days after the receipt of this information, the Department shall notify in writing the chief county assessment officer of each parcel of land covered by an approved conservation management plan and application. The chief county assessment officer shall determine the valuation of the land as otherwise permitted by law and as required under Section 10-420 of this Division, and shall list them separately.
(Source: P.A. 95-633, eff. 10-1-07.)
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35 ILCS 200/10-430 (35 ILCS 200/10-430) Sec. 10-430. Withdrawal from special valuation. (a) If any of the following events occur, then the Department of Natural Resources shall withdraw all or a portion of the land from special valuation: (1) the Department of Natural Resources determines, | | based on field inspections or from any other reasonable evidence, that the land no longer meets the criteria under this Division; or
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| (2) the failure of the taxpayer to respond to a
| | request from the Department of Natural Resources or the chief county assessment officer of each county in which the property is located for data regarding the use of the land or other similar information pertinent to the continued special valuation of the land.
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| (b) A determination by the Department of Natural Resources to withdraw land from the special valuation under this Act is effective on the following January 1 of the assessment year in which the withdrawal occurred.
(c) The Department of Natural Resources shall notify the chief county assessment officer and the Department in writing of any land withdrawn from special valuation. Upon withdrawal, additional taxes must be calculated as provided in Section 10-445.
(Source: P.A. 95-633, eff. 10-1-07.)
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35 ILCS 200/10-435 (35 ILCS 200/10-435) Sec. 10-435. Recapture. (a) If, in any taxable year that the taxpayer receives a special valuation under Section 10-470, the taxpayer does not comply with the conservation management plan, then the taxpayer shall, by the following September 1, pay to the county treasurer the difference between: (i) the taxes paid for that year and; (ii) what the taxes for that year would have been based on a valuation otherwise permitted by law. (b) If the amount under subsection (a) is not paid by the following September 1, then that amount is considered to be delinquent property taxes. (c) If a taxpayer who currently owns land in (i) a forestry management plan under Section 10-150 or (ii) land registered or encumbered by conservation rights under Section 10-166 that would qualify for the tax assessment under this Division, then the taxpayer may apply for reassessment under this Division and shall not be penalized for doing so.
(Source: P.A. 95-633, eff. 10-1-07.) |
35 ILCS 200/10-440 (35 ILCS 200/10-440) Sec. 10-440. Sale or transfer of unimproved land. The sale or transfer of unimproved land does not affect the valuation of the land, unless there is a change in the use of the land or the acreage requirement is no longer met. Any tract of land containing less than 5 acres after a sale or transfer may be reclassified by the chief county assessment officer and valued as otherwise permitted by law.
The taxpayer and the Department of Natural Resources may revise a conservation management plan whenever there is a change in the ownership of the affected land.
(Source: P.A. 95-633, eff. 10-1-07.) |
35 ILCS 200/10-445 (35 ILCS 200/10-445) Sec. 10-445. Rules. The Department of Natural Resources shall adopt rules to implement and administer this Act.
(Source: P.A. 95-633, eff. 10-1-07.) |
35 ILCS 200/Art. 10 Div. 17
(35 ILCS 200/Art. 10 Div. 17 heading)
Division 17. Wooded Acreage Assessment Transition Law
(Source: P.A. 95-633, eff. 10-1-07 .) |
35 ILCS 200/10-500 (35 ILCS 200/10-500)
Sec. 10-500. Short title. This Division may be cited as the Wooded Acreage Assessment Transition Law.
(Source: P.A. 95-633, eff. 10-1-07.) |
35 ILCS 200/10-505 (35 ILCS 200/10-505)
Sec. 10-505. Wooded acreage defined. For the purposes of this Division 17, "wooded acreage" means any parcel of unimproved real property that: (1) can be defined as "woodlands" by the United | | States Department of the Interior Bureau of Land Management;
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| (2) is at least 5 contiguous acres;
(3) does not qualify as cropland, permanent pasture,
| | other farmland, or wasteland under Section 10-125 of this Code;
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| (4) is not managed under a forestry management plan
| | and considered to be other farmland under Section 10-150 of this Code;
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| (5) does not qualify for another preferential
| | assessment under this Code; and
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| (6) is owned by the taxpayer on October 1, 2007.
This amendatory Act of the 100th General Assembly is intended as a clarification and is not a new enactment.
(Source: P.A. 100-379, eff. 8-25-17.)
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35 ILCS 200/10-510 (35 ILCS 200/10-510) Sec. 10-510. Assessment of wooded acreage.
(a) If wooded acreage was classified as farmland during the 2006 assessment year, then the property shall be assessed by multiplying the current fair cash value of the property by the transition percentage. The chief county assessment officer shall determine the transition percentage for the property by dividing (i) the property's 2006 equalized assessed value as farmland by (ii) the 2006 fair cash value of the property. (b) The wooded acreage shall continue to be assessed under the provisions of this Section through any assessment year in which the property is transferred or no longer qualifies as wooded acreage under Section 10-505, and the property must be assessed as otherwise permitted by law beginning the following assessment year. For purposes of this Section, a transfer between spouses does not disqualify the property from the preferential assessment treatment under this Division for wooded acreage.
(Source: P.A. 100-834, eff. 1-1-19 .) |
35 ILCS 200/10-515 (35 ILCS 200/10-515)
Sec. 10-515. Notice requirement. If the owner of property subject to this Division is a corporation, partnership, limited liability company, trust, or other similar entity, then it shall report to the chief county assessment officer any change in ownership interest or beneficial interest. If, after October 1, 2007, the ownership interests or beneficial interests in such an entity change by more than 50% from those interests as they existed on October 1, 2007, then the property no longer qualifies to receive the preferential assessment treatment of the wooded acreage under this Division, and the property must be assessed as otherwise permitted by law beginning the following assessment year.
(Source: P.A. 95-633, eff. 10-1-07.) |
35 ILCS 200/10-520 (35 ILCS 200/10-520)
Sec. 10-520. Cook County exempt. This Division 17 does not apply to any property located within Cook County.
(Source: P.A. 95-633, eff. 10-1-07.) |
35 ILCS 200/Art. 10 Div. 18
(35 ILCS 200/Art. 10 Div. 18 heading)
Division 18.
Wind energy property assessment
(Source: P.A. 95-644, eff. 10-12-07; 95-876, eff. 8-21-08 .) |
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