(35 ILCS 200/Tit. 5 heading)
(35 ILCS 200/Art. 16 heading)
(35 ILCS 200/Art. 16 Div. 1 heading)
(35 ILCS 200/16-5)
Sec. 16-5.
Information from assessors to board of review and board of
appeals. The chief county assessment officer shall furnish to the board of
review or board of appeals all books, papers and
information in his or her
office requested by the board to assist it in the proper discharge of its
duties.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
(35 ILCS 200/16-8)
Sec. 16-8.
Books and records of chief county assessment officer.
(a) In
counties with 3,000,000 or more inhabitants, the chief county assessment
officer shall maintain records of the assessed value of each parcel of property
and shall enter upon the property record card of each town or city lot or
parcel of
land the elements (or basis) of valuation and computations that are taken into
consideration by the chief county assessment officer in ascertaining and
determining the fair
cash value of each town or city lot or parcel of land and of each improvement
thereon, including the elements (shown by percentages or otherwise) that were
taken into consideration as enhancing or detracting elements (such as depth,
corner, alley, railway or other elements).
The assessment officer shall maintain the records for at least 10 years.
Upon request by the board of appeals (until the first Monday in December 1998
and the board of
review beginning the first Monday in December 1998 and thereafter), the officer
shall immediately furnish all of the requested
records to the
board.
The records shall be available, on request, to the taxpayer.
The chief county assessment
officer shall certify, in writing, the amount of the assessment to the
board. If the records maintained by the chief county assessment officer at
the time the assessment is certified to the board under subsection (a)
contain none of the elements (or basis) of valuation for the parcel, then any
increase by the chief county assessment officer
shall be considered invalid by the board acting on
a complaint under Section 16-120; and no action by the board under
Section 16-120 shall result in an increase in the valuation for the parcel for
the current assessment year.
(b) In counties with 3,000,000 or more inhabitants, the notice given by
the chief county assessment officer to a taxpayer of a proposed increase in
assessment shall designate the reason for the increase. If a taxpayer files an
assessment complaint with the chief county assessment officer, the notification
to the taxpayer of a determination on the assessment complaint shall designate
the reason for the result.
(c) The provisions of this Section shall be applicable beginning with the
assessment for the 1997 tax year.
(Source: P.A. 89-718, eff. 3-7-97; 90-4, eff. 3-7-97.)
(35 ILCS 200/16-10)
Sec. 16-10.
Summons by the board of review or
board of appeals. A board of review or
board of appeals may summon any assessor, deputy, or other person to appear
before it to be examined under oath concerning the method by which any
evaluation has been ascertained, and its correctness. Any person so summoned
who fails, without good cause, to appear or appearing refuses to submit to the
inquiry or answer questions asked by any member of the board, or any attorney
representing the board, shall be guilty of a petty offense.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
(35 ILCS 200/16-15)
Sec. 16-15.
Adjustments to prior year's assessments.
Each county clerk
shall compile final adjustments made during the preceding calendar year by the
State Property Tax Appeal Board to the aggregate assessed value of a school
district for which such adjustments are greater than $250,000 or 2% of the
aggregate assessed value of a school district, whichever is less, and report
that information to the Department. By July 1 annually, the Department shall
transmit the adjusted assessments reported since the prior July 1 to the
Illinois State Board of Education for purposes of calculating the amount of
State aid to be apportioned to the various school districts under the School
Code.
(Source: P.A. 86-237; 88-455.)
(35 ILCS 200/Art. 16 Div. 2 heading)
(35 ILCS 200/16-20)
Sec. 16-20.
Powers and duties of boards of review.
In counties with less
than 3,000,000 inhabitants, the board of review shall, in any year, whether
the year of the general assessment or not, perform the functions set forth in
Sections 16-25 through 16-90.
(Source: P.A. 86-345; 86-413; 86-1028; 86-1481; 88-455.)
(35 ILCS 200/16-25)
Sec. 16-25.
Review after complaint by taxing bodies.
Any taxing body that
has an interest in an assessment made by any local assessment officer or
officers may have the assessment reviewed by the board of review by filing a
complaint in writing with the board within 30 calendar days after publication
of the assessment list under Section 12-10. All complaints shall identify and
describe the particular property and shall be filed with the board in
duplicate. The board shall make a determination as to the correct amount of the
assessment, but the board shall not increase the amount of the assessment
without first giving due notice and an opportunity to be heard to the taxpayer
affected.
(Source: P.A. 78-450; 88-455.)
(35 ILCS 200/16-30)
Sec. 16-30.
Board of review meetings.
In counties with less than 3,000,000
inhabitants, the board of review may meet at times it deems necessary for
supervising and directing the clerk in the duties prescribed in this Article,
and shall meet on or before the first Monday each June to revise the assessment
of property. At the meeting, the board of review upon application of any
taxpayer or upon its own motion may revise the entire assessment of any
taxpayer or any part of the assessment as appears to it to be just. The
assessment of the property of any person shall not be increased unless that
person or his or her agent first has been notified in writing at the address
that appears on the assessment books, and been given an opportunity to be
heard. The meeting may be recessed as necessary.
(Source: P.A. 84-582; 88-455.)
(35 ILCS 200/16-35)
Sec. 16-35. Adjournment of boards of review. The final adjournment of the
board of review in counties of less than 3,000,000 inhabitants shall be when the work for that assessment year is completed and the assessment
books certified to the county clerk but no later than March 15 of the following year.
(Source: P.A. 96-298, eff. 8-11-09.)
(35 ILCS 200/16-40)
Sec. 16-40.
Prohibition of per diem compensation.
Except under Section
6-30, no per diem compensation shall be paid by the county board to any member
of the board of review.
(Source: P.A. 84-582; 88-455.)
(35 ILCS 200/16-45)
Sec. 16-45.
Consolidated hearings.
In counties with less than
3,000,000 inhabitants, the board of review, on request of a taxpayer
complainant, shall consolidate 2 or more complaints into one hearing,
notwithstanding the provisions of Section 16-55 relating to the consideration
of complaints by townships or taxing districts. When it is impractical to do so
because the assessment books necessary to determine all complaints at one time
are not available, those complaints for which the necessary books are available
shall be consolidated.
(Source: P.A. 80-613; 88-455.)
(35 ILCS 200/16-50)
Sec. 16-50.
Omitted property.
The Board of review shall assess all omitted
property as provided in Sections 9-265 and 9-270. An assessment of omitted
property by the board of review in the manner provided in this Code shall not
be subject to review by any succeeding board.
For the purpose of enforcing the provisions of this Code, the several taxing
bodies interested therein are hereby empowered to employ counsel to appear
before the board and take all necessary steps to enforce the assessment on such
omitted property.
(Source: P.A. 86-345; 86-413; 86-1028; 86-1481; 88-455.)
(35 ILCS 200/16-55)
Sec. 16-55. Complaints.
(a) On written complaint that any property is
overassessed or underassessed, the board shall review the assessment, and
correct it, as appears to be just, but in no case shall the property be
assessed at a higher percentage of fair cash value than other property in the
assessment district prior to equalization by the board or the Department.
(b) The board shall include compulsory sales in reviewing and correcting assessments, including, but not limited to, those compulsory sales submitted by the complainant, if the board determines that those sales reflect the same property characteristics and condition as those originally used to make the assessment. The board shall also consider whether the compulsory sale would otherwise be considered an arm's length transaction.
(c) If a complaint is filed by an attorney on behalf of a complainant, all notices and correspondence from the board relating to the appeal shall be directed to the attorney. The board may require proof of the attorney's authority to represent the taxpayer. If the attorney fails to provide proof of authority within the compliance period granted by the board pursuant to subsection (d), the board may dismiss the complaint. The Board shall send, electronically or by mail, notice of the dismissal to the attorney and complainant.
(d) A
complaint to affect the assessment for the current year shall be filed on or before 30 calendar days after the date
of publication of the assessment list under Section 12-10. Upon receipt of a written complaint that is timely filed under this Section, the board of review shall docket the complaint. If the complaint does not comply with the board of review rules adopted under Section 9-5 entitling the complainant to a hearing, the board shall send, electronically or by mail, notification acknowledging receipt of the complaint. The notification must identify which rules have not been complied with and provide the complainant with not less than 10 business days to bring the complaint into compliance with those rules. If the complainant complies with the board of review rules either upon the initial filing of a complaint or within the time as extended by the board of review for compliance, then the board of review shall send, electronically or by mail, a notice of hearing and the board shall hear the complaint and shall issue and send, electronically or by mail, a decision upon resolution. Except as otherwise provided in subsection (c), if the complainant has not complied with the rules within the time as extended by the board of review, the board shall nonetheless issue and send a decision. The board of review may adopt rules allowing any party to attend and participate in a hearing by telephone or electronically.
(d-5) Complaints and other written correspondence sent by the United States mail shall be considered filed as of the postmark date in accordance with Section 1.25 of the Statute on Statutes. Complaints and other written correspondence sent by a delivery service other than the United States Postal System shall be considered as filed as of the date sent as indicated by the shipper's tracking label. If allowed by board of review rule, complaints and other written correspondence transmitted electronically shall be considered filed as of the date received.
(e) The board may also,
at any time before its revision of the assessments is completed in every year,
increase, reduce or otherwise adjust the assessment of any property, making
changes in the valuation as may be just, and shall have full power over the
assessment of any person and may do anything in regard thereto that it may deem
necessary to make a just assessment, but the property shall not be assessed at
a higher percentage of fair cash value than the assessed valuation of other
property in the assessment district prior to equalization by the board or the
Department.
(f) No assessment shall be increased until the person to be affected
has been notified and given an opportunity to be heard, except as provided
below.
(g) Before making any reduction in assessments of its own motion, the board
of review shall give notice to the assessor or chief county assessment officer
who certified the assessment, and give the assessor or chief county assessment
officer an opportunity to be heard thereon.
(h) All complaints of errors in
assessments of property shall be in writing, and shall be filed by the
complaining party with the board of review, in the number of copies required by board of review rule. A copy shall
be filed by the board of review with the assessor or chief county assessment
officer who certified the assessment.
(i) In all cases where a change in assessed
valuation of $100,000 or more is sought, the board of review shall also serve a
copy of the petition on all taxing districts as shown on the last available tax
bill at least 14 days prior to the hearing on the complaint. Service may be by electronic means if the taxing district consents to electronic service and provides the board of review with a valid e-mail address for the purpose of receiving service. All taxing
districts shall have an opportunity to be heard on the complaint. A taxing district wishing to intervene shall file a request to intervene with the board of review at least five days in advance of a scheduled hearing. If board of review rules require the appellant to submit evidence in advance of a hearing, then any evidence in support of the intervenor's opinion of assessed value must be submitted to the board of review and complainant no later than five calendar days prior to the hearing. Service shall be made as set forth in subsection (d-5), but if board of review rules allow complaints and correspondence to be transmitted electronically, then the intervenor's evidence shall be transmitted electronically.
(i-5) If board of review rules require the appellant to submit evidence in advance of a hearing, then any evidence to support the assessor's opinion of assessed value must be submitted to the board of review and the complainant (or, if represented by an attorney, to the attorney) no later than five calendar days prior to the hearing. Service shall be made as set forth in subsection (d-5), but if board of review rules allow complaints and correspondence to be transmitted electronically, then the assessor's evidence shall be transmitted electronically.
(j) Complaints
shall be classified by townships or taxing districts by the clerk of the board
of review. All classes of complaints shall be docketed numerically, each in its
own class, in the order in which they are presented, in books kept for that
purpose, which books shall be open to public inspection. Complaints shall be
considered by townships or taxing districts until all complaints have been
heard and passed upon by the board.
(Source: P.A. 98-322, eff. 8-12-13; 99-98, eff. 1-1-16; 99-579, eff. 7-15-16.)
(35 ILCS 200/16-60)
Sec. 16-60.
Equalization within counties - Publication and hearing.
After notice and hearing as required by Section 12-40, the board of review
may increase or reduce the entire assessment, or the assessment of any class
included therein, if, in its opinion, the assessment has not been made upon the
proper basis. The board may also equalize the assessment in any multi-township
or township, or part thereof, or any portion of the county.
(Source: P.A. 86-345; 86-413; 86-1028; 86-1481; 88-455.)
(35 ILCS 200/16-65)
Sec. 16-65. Equalization process. The board of review shall act as an
equalizing authority, if after equalization by the supervisor of assessments
the equalized assessed value of property in the county is not 33 1/3% of the
total fair cash value. The board shall, after notice and hearing as required by
Section 12-40, lower or raise the total assessed value of property in any
assessment district within the county so that the property, other than farm
and coal property assessed under Sections 10-110 through 10-140 and Sections
10-170 through 10-200, will be assessed at 33 1/3% of its fair cash value.
For each assessment district of the county, the board of review shall
annually determine the percentage relationship between the valuations at which
property other than farm and coal property is listed and the estimated 33 1/3%
of the fair cash value of such property. To make this analysis, the board
shall use at least 25 property transfers, or a combination of at least 25
property transfers and property appraisals, such information as may be
submitted by interested taxing bodies, or any other means as it deems proper
and reasonable. If there are not 25 property transfers available, or if these
25 property transfers do not represent a fair sample of the types of properties
and their proportional distribution in the assessment district, the board shall
select a random sample of properties of a number necessary to provide a
combination of at least 25 property transfers and property appraisals as much
as possible representative of the entire assessment district, and provide for
their appraisal. The township or multi-township assessor shall be notified of
and participate in the deliberations and determinations.
In assessment year 2011, the board of review shall consider compulsory sales in its equalization process.
The board of review, in conjunction with the chief county assessment officer, shall determine the number of compulsory sales from the prior year for the purpose of revising and correcting assessments. The board of review shall determine if the number of compulsory sales is at least 25% of all property transfers within the neighborhood, township, multi-township assessment district, or other specific geographic region in the county for that class of property, but shall exclude from the calculation (i) all property transfers for which the property characteristics and condition are not the same as those characteristics and condition used to determine the assessed value and (ii) any property transfer that is not an arm's length transaction based on existing sales ratio study standards (except for compulsory sales). If the board determines that the number of compulsory sales is at least 25% of all property transfers within the defined geographic region for that class of property, then the board of review must determine (i) the median assessment level of arm's length transactions and (ii) the median assessment level of compulsory sales. If the median assessment level of compulsory sales is higher than the median assessment level of arm's length transactions, then compulsory sales shall be included in the arm's length transaction study and the board must calculate the new median assessment level. Assessed values of properties within the specific geographic area for that class of property must be revised to reflect this new median assessment level. The revised median assessment level shall be the basis for equalization as otherwise provided in this Section.
With the ratio determined for each assessment
district, the board shall ascertain the amount to be added or
deducted from the aggregate assessment on property subject to local
assessment jurisdiction, other than farm and coal property, to produce a
ratio of assessed value to 33 1/3% of the fair cash value equivalent to 100%.
However, in determining the amount to be added to the
aggregate assessment on property subject to local jurisdiction in order
to produce a ratio of assessed value to 33 1/3% of the fair cash value
equivalent to 100%, the board shall not, in any one
year, increase or decrease the aggregate assessment of any assessment
district by more than 25% of the equalized valuation of the district
for the previous year, except that additions, deletions or depletions to
the taxable property shall be excluded in computing the 25% limitation.
The board shall complete the equalization by the date prescribed in Section
16-35 for the board's adjournment, and, within 10 days thereafter, shall report
the results of its work under this Section to the Department. At least 30 days
prior to its adjournment, the board shall publish a notice declaring whether
it intends to equalize assessments as provided in this Section. The notice
shall be published in a newspaper of general circulation in the county.
If the board fails to report to the Department within the required time, or if
the report discloses that the board has failed to make a proper and
adequate equalization of assessments, the Department shall direct,
determine, and supervise the assessment so that all assessments of property are
relatively just and equal as provided in Section 8-5.
(Source: P.A. 96-1083, eff. 7-16-10.)
(35 ILCS 200/16-70)
Sec. 16-70. Determination of exemptions. The board of review shall hear and
determine the application of any person who is assessed on property claimed to
be exempt from taxation. However, the decision of the board shall not be
final, except as to homestead exemptions and exemptions provided under subsection (b) of Section 15-5. With the exception of homestead exemptions and exemptions provided under subsection (b) of Section 15-5, upon filing of any application for an exemption which would reduce the assessed valuation of any
property by more than $100,000, the owner shall deliver, in person or by mail,
a copy of the application to any municipality, school district, community
college district, and fire protection district in which the property is situated. Failure of a
municipality, school district, community college district, or fire protection district to receive the
notice shall not invalidate any exemption. The board shall give the
municipalities, school districts, community college districts, fire protection districts, and the
taxpayer an opportunity to be heard. The clerk of the board in all cases other
than homestead exemptions, under the direction of the board, shall make out and
forward to the Department, a full and complete statement of all the facts in
the case. The Department shall determine whether the property is legally liable
to taxation. It shall notify the board of review of its decision, and
the board shall correct the assessment if necessary. The decision of the
Department is subject to review under Sections 8-35 and 8-40. The extension of
taxes on any assessment shall not be delayed by any proceedings under this
Section, and, if the Department rules that the property is exempt, any taxes
extended upon the unauthorized assessment shall be abated or, if paid, shall be
refunded.
(Source: P.A. 102-815, eff. 5-13-22.)
(35 ILCS 200/16-75)
Sec. 16-75.
Certificates of error.
The board of review shall, at any time
before judgment, if an error or mistake is discovered (other than errors of
judgment as to the valuation), in any assessment, issue to the person
erroneously assessed a certificate setting forth the nature of the error and
its cause or causes. The certificate when properly endorsed by the chief
county assessment officer, showing concurrence therein, and not otherwise, may
be used in evidence in any court of competent jurisdiction, and when so
introduced in evidence, shall become a part of the court records, and shall not
be removed from the files except upon the order of the court.
After the board of review has issued a certificate of error and it has been
properly endorsed by the chief county assessment officer, 2 copies of the
certificate shall be made and one copy given to the county clerk and one copy
to the collector. The county clerk shall keep records of the changes or
corrections made in the certificate and shall certify such corrections to the
collector so that he or she can account for the proper amount of taxes
chargeable to him or her.
(Source: P.A. 91-377, eff. 7-30-99.)
(35 ILCS 200/16-80)
Sec. 16-80.
Reduced assessment of homestead property.
In any county
with
fewer than 3,000,000 inhabitants, if
the board of review
lowers the assessment of a particular parcel on which a
residence occupied by
the owner is situated, the reduced assessment, subject to equalization, shall
remain in effect for the remainder of the general assessment period as provided
in Sections 9-215 through 9-225, unless the taxpayer, county assessor, or
other interested party
can show substantial cause why the reduced assessment should not remain in
effect, or unless the decision of the board is reversed or modified upon
review.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
(35 ILCS 200/16-85)
Sec. 16-85.
Certification of assessment books.
The board of review in
counties with less than 3,000,000 inhabitants, shall, on or before the annual
date for adjournment as fixed by Section 16-35, complete its work and make the
entries in the assessment books required to make the assessment conform to the
changes made therein by the board of review, and shall attach to each book an
affidavit signed by at least 2 members of the board, which affidavit shall be
substantially in the following form: State of Illinois, County of ....,
We, and each of us, as a member of the board of review of the county of
.... in the State of Illinois, do solemnly swear that the book to which this
affidavit is attached contains a full and complete list of all the property in
the county subject to taxation for the year .... so far as we have been able to
ascertain, and that the assessed value set down opposite the description of a
property, is, in our opinion, a just and equal assessment of the property for
the purposes of taxation according to law, and that the footings of the columns
in the book are correct, to the best of our knowledge and belief.
Dated ....
(Source: P.A. 83-121; 88-455.)
(35 ILCS 200/16-90)
Sec. 16-90.
Delivery of assessment books.
In counties with less than
3,000,000 inhabitants, when the books are completed, the board of review shall
deliver one set of the books to the county clerk, who shall file it in his or
her office; and one set to the chief county assessment officer. All of the
books shall be public records. All assessors' books shall be retained for a
period of 5 years, after which the County Board may order the officer having
custody of the books to dispose of them and to certify that fact, when
completed, to the county board. The assessment completed by the board of review
and certified to the county clerk, as equalized, shall be the assessment
upon which the taxes of that year shall be extended by the county clerk.
(Source: P.A. 83-1362; 88-455.)
(35 ILCS 200/Art. 16 Div. 3 heading)
(35 ILCS 200/16-95)
Sec. 16-95. Powers and duties of board of appeals or review; complaints. In counties with 3,000,000 or more inhabitants, until the first Monday in
December 1998, the board of appeals in any year shall, on complaint that any
property is overassessed or underassessed, or is exempt, review and order the
assessment corrected.
Beginning the first Monday in December 1998 and thereafter, in counties with
3,000,000 or more inhabitants, the board of review:
(Source: P.A. 96-1553, eff. 3-10-11.)
(35 ILCS 200/16-100)
Sec. 16-100.
Correction orders.
In counties with 3,000,000 or more
inhabitants, the board of appeals (until the first Monday in December
1998 and the board of review beginning the first Monday in December 1998
and thereafter) in any year shall order the county assessor
to correct any mistake or error (other than mistakes or errors of judgment as
to the valuation of any property) in the manner provided in Sections 14-10 and
16-145.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
(35 ILCS 200/16-105)
Sec. 16-105.
Time of meeting - Public records.
In counties with 3,000,000
or more inhabitants, the board of appeals
(until the first Monday in December 1998 and the board of review
beginning
the first Monday in December 1998 and thereafter)
shall meet on or before the second
Monday in September in each year for the purpose of revising the assessment of
property as provided for in this Code. The meeting may be adjourned from day
to day as may be necessary.
All hearings conducted by the board under this Code shall be
open
to the public. All files maintained by the board relating to the matters
specified in Sections 16-95, 16-100, and 16-140 shall be available for public
inspection during regular office hours. However, only the actual portions of
the income tax return relating to the property for which a complaint has been
filed shall be a public record. Copies of such records shall be furnished upon
request. The board may charge for the costs of copying, at 35¢ per page of
legal size or smaller and $1 for each larger page.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
(35 ILCS 200/16-110)
Sec. 16-110.
Notice of meetings - Filing complaints.
In counties with
3,000,000 or more inhabitants, at least one week before its meeting to revise
and correct assessments, the board of appeals
(until the first Monday in December 1998 and the board of review
beginning
the first Monday in December 1998 and thereafter)
shall publish a notice of the
time and place of that meeting. The board shall, from time to time, publish
notices which shall specify the date and place at which complaints
may be filed
for those townships or taxing districts for which property assessments have
been completed by the county assessor, and which will then be considered for
revision and correction at that time. All notices required by this Section may
provide for a revision and correction at the specified time of one or more
townships or taxing districts. All such notices shall be published once in at
least one newspaper of general circulation published in the county. The board
at the time and place fixed, and upon notice as provided in this
Section, may receive and hold hearings on all those complaints and revise and
correct assessments within those townships or taxing districts. Taxpayers
shall
have at least 20 days after the date of publication of the notice within which
to file complaints.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
(35 ILCS 200/16-115)
Sec. 16-115. Filing complaints. In counties with 3,000,000 or more
inhabitants, complaints that any property is overassessed or underassessed or
is exempt may be made by any taxpayer. Complaints that any property is
overassessed or underassessed or is exempt may be made by a taxing district
that has an interest in the assessment to
a board of review. All complaints
shall be in writing,
identify and describe the particular property, otherwise comply with the rules
in force, be either signed by the complaining party or his or her attorney or, if filed electronically, signed with the electronic signature of the complaining party or his or her attorney, and be
filed with the board of appeals
(until the first Monday in December 1998 and the board of review
beginning the first Monday in December 1998 and thereafter)
in at least duplicate. The board
shall forward one copy of each complaint to the county assessor.
Complaints by taxpayers and taxing districts and certificates of
correction by the county assessor
as provided in this Code shall be filed with the board according to
townships on or before the dates specified in the notices given in Section
16-110.
(Source: P.A. 97-1054, eff. 1-1-13.)
(35 ILCS 200/16-120)
Sec. 16-120.
Decision on complaints.
In counties with 3,000,000 or more
inhabitants, at its meeting for the purpose of revising and correcting the
assessments, the board of appeals
(until the first Monday in December 1998 and the board of review
beginning the first Monday in December 1998 and thereafter),
upon complaint filed by a taxpayer or taxing district as
prescribed in this Code, may revise the entire assessment of any taxpayer, or
any part thereof, and correct the same as shall appear to the board to be just.
The assessment of the property of any taxpayer shall not be increased unless
that taxpayer or his agent shall first have been notified in writing and been
given an opportunity to be heard.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
(35 ILCS 200/16-125)
Sec. 16-125. Hearings. In counties with 3,000,000 or more inhabitants,
complaints filed with the board of appeals
(until the first Monday in December 1998 and the board of review
beginning
the first Monday in December 1998 and thereafter)
shall be classified by townships.
All complaints shall be docketed numerically, in the order in which they are
presented, as nearly as possible, in books or computer records kept for that
purpose, which shall be open to public inspection. The complaints shall be
considered by townships until they have been heard and passed upon by the
board.
After completing final action on all matters in a township, the
board shall transmit such final actions to the county assessor.
A hearing upon any complaint shall not be held until the taxpayer affected
and the county assessor have each been notified and have been given an
opportunity to be heard. All hearings shall be open to the public and the board
shall sit together and hear the representations of the
interested
parties or their representatives. An order for a correction of any
assessment shall not be made unless both commissioners of the board, or a
majority of the members in the case of a board of review, concur
therein, in which case, an order for correction shall be made in open session and
entered in the records of the board. When an assessment is ordered corrected,
the board shall transmit a computer printout of the results, or
make
and sign a brief written statement of the reason for the change and the manner
in which the method used by the assessor in making the assessment was
erroneous, and shall deliver a copy of the statement to the county assessor.
Upon request the board shall hear any taxpayer in opposition to a proposed
reduction in any assessment.
The board may destroy or otherwise dispose of complaints and
records pertaining thereto after the lapse of 5 years from the date
of
filing.
(Source: P.A. 97-1054, eff. 1-1-13.)
(35 ILCS 200/16-130)
Sec. 16-130. Exemption procedures; board of appeals; board of
review. Whenever the board of appeals
(until the first Monday in December 1998 and the board of review
beginning the first Monday in December 1998 and thereafter)
in any county with 3,000,000 or more inhabitants determines that any
property is or is not exempt from taxation, the decision of the board shall not
be final, except as to homestead exemptions and exemptions provided under subsection (b) of Section 15-5. With the exception of homestead exemptions and exemptions provided under subsection (b) of Section 15-5, upon filing of any application
for an exemption which would, if approved, reduce the assessed valuation of any
property by more than $100,000, other than a homestead exemption, the owner
shall give timely notice of the application by mailing a copy of it to any
municipality, fire protection district, school district, and community college district in which such
property is situated. Failure of a municipality, fire protection district, school district, or community
college district to receive the notice shall not invalidate any exemption. The
board shall give the municipalities, fire protection districts, school districts, and community college
districts and the taxpayer an opportunity to be heard. In all exemption cases
other than homestead exemptions, the secretary of the board shall
comply with the provisions of Section 5-15. The Department shall then determine
whether the property is or is not legally liable to taxation. It shall notify
the board of its decision and the board shall correct the assessment
accordingly, if necessary. The decision of the Department is subject to review
under Sections 8-35 and 8-40. The extension of taxes on any assessment shall
not be delayed by any proceedings under this paragraph, and, in case the
property is determined to be exempt, any taxes extended upon the unauthorized
assessment shall be abated or, if already paid, shall be refunded.
(Source: P.A. 102-815, eff. 5-13-22.)
(35 ILCS 200/16-135)
Sec. 16-135. Omitted property; Notice provisions. In counties with
3,000,000 or more inhabitants, the owner of property and the executor,
administrator, or trustee of a decedent whose property has been omitted
in the assessment in any year or years or on which a tax for which the property
was liable has not been paid, and the several taxing bodies interested therein,
shall be given at least 30 days notice in writing by the board of appeals
(until the first Monday in December 1998 and the board of review
beginning the first Monday in December 1998 and thereafter) or
county assessor of the hearing on the proposed assessments of the omitted
property. The board or assessor shall have full power to examine the owner, or
the executor, administrator, trustee, legatee, or heirs of the decedent, or
other person concerning the ownership, kind, character, amount and the value of
the omitted property.
If the board determines that the property of any decedent was omitted
from assessment during any year or years, or that a tax for which
the property was liable, has not been paid, the board shall direct the county
assessor to assess the property. However, if the county assessor, on his or
her own initiative, makes such a determination, then the assessor shall assess
the property. No charge for tax of previous years shall be made against any
property prior to the date of ownership of the person owning the property
at the time the liability for such omitted tax is first ascertained.
Ownership as used in this Section refers 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 such charge for tax of previous
years shall be made against any property if:
The assessment of omitted property by the county assessor may be reviewed by
the board in the same manner as other assessments are reviewed
under the provisions of this Code and when so reviewed, the assessment shall
not thereafter be subject to review by any succeeding board.
For the purpose of enforcing the provisions of this Code, relating to
property omitted from assessment, the taxing bodies interested
therein are hereby empowered to employ counsel to appear before the board
or assessor (as the case may be) and take all necessary steps to enforce
the assessment on the omitted property.
(Source: P.A. 96-1553, eff. 3-10-11.)
(35 ILCS 200/16-140)
Sec. 16-140. Omitted property. In counties with 3,000,000 or more
inhabitants, the board of appeals
(until the first Monday in December 1998 and the board of review
beginning
the first Monday in December 1998 and thereafter)
in any year shall direct the county assessor,
in accordance with Section 16-135, when he or she fails to do so on his or her
own initiative, to assess all property which has not been assessed, for any
reason, and enter the same upon the assessment books and to list and assess all
property that has been omitted in the assessment for the current year and not more
than 3 years prior to the current year. If the
tax for which that property was liable has not been paid or if any property,
by reason of defective description or assessment thereof, fails to pay taxes
for any year or years, the property, when discovered by the board shall be
listed and assessed by the county assessor. The board may order the county
assessor to make such alterations in the description of property as it deems
necessary. No charge for tax of previous years shall be made against any
property if:
The board shall hear complaints and revise assessments of any
particular parcel of property of any person identified and described in a
complaint filed with the board and conforming to the requirements of Section
16-115. The board shall make revisions in no other cases.
(Source: P.A. 96-1553, eff. 3-10-11.)
(35 ILCS 200/16-145)
Sec. 16-145.
Assessment list changes.
In counties with 3,000,000 or more
inhabitants, the board of appeals
(until the first Monday in December 1998 and the board of review
beginning the first Monday in December 1998 and thereafter),
in revising assessments in any year, shall
require the county assessor to note all changes in the valuation of property
upon an assessment list and books certified by the county assessor.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
(35 ILCS 200/16-147)
Sec. 16-147.
Reduced assessment of homestead property.
In any county with
3,000,000 or more inhabitants, if
the board of review or board of appeals
lowers the assessment of a particular parcel on which a residence occupied by
the owner is situated,
the reduced assessment, subject to equalization, shall
remain in effect for the remainder of the general assessment period as provided
in Sections 9-215 through 9-225, unless the taxpayer, county assessor, or
other interested party
can show substantial cause why the reduced assessment should not remain in
effect, or unless the decision of the board is reversed or modified upon
review.
(Source: P.A. 89-671, eff. 8-14-96.)
(35 ILCS 200/16-150)
Sec. 16-150.
Certification of assessment books.
In counties with 3,000,000
or more inhabitants, the board of appeals
(until the first Monday in December 1998 and the board of review
beginning the first Monday in December 1998 and thereafter)
shall, on or before the annual date
for final adjournment as fixed by this Section, complete its work, and order
the county assessor to make those entries in the assessment books and lists as
may be required to make the assessments conform with the changes directed to be
made therein by the board. The county assessor and a majority of the members
of the board shall attach to each of the assessment books in the
possession of the county assessor and the county clerk an affidavit signed by
the county assessor and a majority of the members of the board, which
affidavit shall be in substantially the following form:
State of Illinois)
) ss.
County of .......)
We, and each of us, as county assessor and as members of the (board of
appeals or board of review) of the County of ...., in the State of Illinois, do
solemnly swear that the books .... in number .... to which this affidavit is
attached, contain a full and complete list of all the property in this county
subject to taxation for the year (insert year) so far as we have
been able to ascertain them, and that the assessed value set down in the proper
column opposite the several kinds and descriptions of property, is, in our
opinion, a just and equal assessment of the property for the purposes of
taxation according to law, and that the footings of the several columns in
these books are correct to the best of our knowledge and belief.
The final date of adjournment of the board shall be 60 days
after the date of the last delivery to it of the assessment books for any
township or taxing district.
(Source: P.A. 91-357, eff. 7-29-99.)
(35 ILCS 200/16-155)
Sec. 16-155.
Use of certified assessments.
In counties with 3,000,000 or
more inhabitants, the assessments of property after review by the board of
appeals (until the first Monday in December 1998 and the board of review
beginning the first Monday in December 1998 and thereafter)
shall be certified to the county clerk and shall be the basis of that
clerk's reports of assessments to the Department and, as equalized, shall be
used by the county clerk in ascertaining tax rates and extending taxes.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
(35 ILCS 200/Art. 16 Div. 4 heading)
(35 ILCS 200/16-160)
Sec. 16-160. Property Tax Appeal Board; process. In counties with
3,000,000 or more inhabitants, beginning with assessments made for the 1996
assessment year for residential property of 6 units or less and beginning with
assessments made for the 1997 assessment year for all other property, and for
all property in any county
other than a county with 3,000,000 or more inhabitants, any taxpayer
dissatisfied with the decision of a board of review or board of appeals as
such
decision pertains to the assessment of his or her property for taxation
purposes, or any taxing body that has an interest in the decision of the board
of
review or board of appeals on an assessment made by any local assessment
officer,
may, (i) in counties with less than 3,000,000 inhabitants within 30 days
after the date of written notice of the decision of
the board of review or (ii) in assessment year 1999 and thereafter
in counties with 3,000,000 or more inhabitants within 30 days after the
date of the board of review notice or within 30 days
after the date that the board of review transmits to the
county assessor pursuant to Section 16-125 its final action on
the township
in which the property is located, whichever is later,
appeal the
decision to the
Property Tax Appeal Board for review. In any appeal where the board of review
or board of appeals has given written
notice of the hearing to the taxpayer 30 days before the hearing, failure to
appear at the board of review or board of appeals hearing shall be grounds
for dismissal of the
appeal unless a continuance is granted to the taxpayer. If an appeal is
dismissed for failure to appear at a board of review or board of appeals
hearing, the Property Tax
Appeal Board shall have no jurisdiction to hear any subsequent appeal on that
taxpayer's complaint. Such taxpayer or taxing body, hereinafter called the
appellant, shall file a petition with the clerk of the Property Tax Appeal
Board, setting forth the facts upon which he or she bases the objection,
together with a statement of the contentions of law which he or she desires to
raise, and the relief requested. If a petition is filed by a taxpayer, the
taxpayer is precluded from filing objections based upon valuation, as may
otherwise be permitted by Sections 21-175 and 23-5. However, any taxpayer not
satisfied with the decision of the board of review or board of appeals as
such decision pertains to
the assessment of his or her property need not appeal the decision to the
Property Tax Appeal Board before seeking relief in the courts.
The changes made by this amendatory Act of the 91st General Assembly shall be
effective beginning
with the 1999 assessment year.
An association may, on behalf of all or several of the owners that constitute the association, file an appeal to the Property Tax Appeal Board or intervene in an appeal to the Property Tax Appeal Board filed by a taxing body. For purposes of this Section, "association" means: (1) a common interest community association, as that term is defined in Section 1-5 of the Common Interest Community Association Act; (2) a unit owners' association, as that term is defined in subsection (o) of Section 2 of the Condominium Property Act; or (3) a master association, as that term is defined in subsection (u) of Section 2 of the Condominium Property Act.
(Source: P.A. 102-1000, eff. 1-1-23.)
(35 ILCS 200/16-165)
Sec. 16-165.
Forms for appeal.
The Property Tax Appeal Board shall supply
forms for appeal to the Boards of Review or Boards of Appeals. Each Board
of Review or Board of Appeals shall provide
such forms to each person or taxing body entitled to appeal a decision of
the
Board of Review or Board of Appeals.
(Source: P.A. 88-455; 89-671, eff. 8-14-96.)
(35 ILCS 200/16-170)
Sec. 16-170.
Hearings.
A hearing shall be granted if any party to the appeal
so requests, and, upon motion of any party to the appeal or by direction of
the Property Tax Appeal Board, any appeal may be set down for a hearing,
with proper notice to the interested parties. Notice to all interested
taxing bodies shall be deemed to have been given when served upon the
State's Attorney of the county from which the appeal has been taken.
Hearings may be held before less than a majority of the members of the
Board, and the chairman may assign members or hearing officers to hold
hearings. Such hearings shall be open to the public and shall be conducted in
accordance with the rules of practice and procedure promulgated by
the Board. The Board, any member or hearing officer may require the
production of any books, records, papers or documents that may be material
or relevant as evidence in any matter pending before it and necessary for
the making of a just decision.
(Source: P.A. 76-689; 88-455.)
(35 ILCS 200/16-175)
Sec. 16-175.
Subpoenas.
The Chairman of the Property Tax Appeal Board or
his or her designee may issue subpoenas which shall be served by any person
lawfully authorized to serve a subpoena under the laws of the State of
Illinois. In case of disobedience to a subpoena, the Board may petition any
circuit court of the State for an order requiring the attendance and testimony
of witnesses. Witnesses attending any hearing held by the Property Tax Appeal
Board, pursuant to any subpoena, shall be paid the same fees and mileage that
are paid witnesses in the circuit courts of the State.
(Source: P.A. 83-1250; 88-455.)
(35 ILCS 200/16-180)
Sec. 16-180. Procedure for determination of correct assessment. The Property
Tax Appeal Board shall establish by rules an informal procedure for the
determination of the correct assessment of property which is the subject of an
appeal. The procedure, to the extent that the Board considers practicable,
shall eliminate formal rules of pleading, practice and evidence, and except
for any reasonable filing fee determined by the Board, may provide that costs
shall be in the discretion of the Board. A copy of the appellant's petition
shall be mailed or sent by electronic means by the clerk of the Property Tax Appeal Board to the board
of review whose decision is being appealed. In all
cases where a change in
assessed valuation of $100,000 or more is sought, the board of review
shall
serve a copy of the petition on all taxing districts as shown on the last
available tax bill. The chairman of the Property Tax Appeal Board shall
provide for the speedy hearing of all such appeals. Each appeal shall be
limited to the grounds listed in the petition filed with the Property Tax
Appeal Board. All appeals shall be
considered de novo and the Property Tax Appeal Board shall not be limited to the evidence presented to the board of review of the county. A party participating in the hearing before the Property Tax Appeal Board is entitled to introduce evidence that is otherwise proper and admissible without regard to whether that evidence has previously been introduced at a hearing before the board of review of the county. Where no complaint has been made to the board
of review of the county where the property is located
and the appeal is
based solely on the effect of an equalizing factor assigned to all property
or to a class of property by the board of review, the
Property Tax Appeal
Board shall not grant a reduction in assessment greater than the
amount that was added as the result of the equalizing factor.
The provisions added to this Section by this amendatory Act of the 93rd
General Assembly shall be construed as declaratory of existing law and not as a
new enactment.
(Source: P.A. 99-626, eff. 7-22-16.)
(35 ILCS 200/16-183)
Sec. 16-183. Compulsory sales. The Property Tax Appeal Board shall consider compulsory sales of comparable properties for the purpose of revising and correcting assessments, including those compulsory sales of comparable properties submitted by the taxpayer.
(Source: P.A. 96-1083, eff. 7-16-10.)
(35 ILCS 200/16-185)
Sec. 16-185. Decisions. The Board shall make a decision in each appeal or
case appealed to it, and the decision shall be based upon equity and the weight
of evidence and not upon constructive fraud, and shall be binding upon
appellant and officials of government. The extension of taxes on any
assessment so appealed shall not be delayed by any proceeding before the Board,
and, in case the assessment is altered by the Board, any taxes extended upon
the unauthorized assessment or part thereof shall be abated, or, if already
paid, shall be refunded with interest as provided in Section 23-20.
The decision or order of the Property Tax Appeal Board in any such
appeal, shall, within 10 days thereafter, be certified at no charge to
the appellant and to the proper authorities, including the board of
review or board of appeals whose decision was appealed, the county clerk
who extends taxes
upon the assessment in question, and the county collector who collects
property taxes upon such assessment.
The final administrative decision of the Property Tax Appeal Board shall be deemed served on a party when a copy of the decision is: (1) deposited in the United States Mail, in a sealed package, with postage prepaid, addressed to that party at the address listed for that party in the pleadings; except that, if the party is represented by an attorney, the notice shall go to the attorney at the address listed in the pleadings; or (2) sent electronically to the party at the e-mail addresses provided for that party in the pleadings. The Property Tax Appeal Board shall allow each party to designate one or more individuals to receive electronic correspondence on behalf of that party and shall allow each party to change, add, or remove designees selected by that party during the course of the proceedings. Decisions and all electronic correspondence shall be directed to each individual so designated.
If the Property Tax Appeal Board renders a decision lowering the
assessment of a particular parcel after the deadline for filing complaints
with the board of review or board of appeals or after adjournment of the
session of
the board of review or board of appeals at which assessments for the
subsequent year or years of the same general assessment period, as provided in Sections 9-215 through 9-225, are
being considered, the taxpayer may, within 30 days after the date of
written notice of the Property Tax Appeal Board's decision, appeal the
assessment for such subsequent year or years directly to the Property Tax
Appeal Board.
If the Property Tax Appeal Board renders a decision lowering the
assessment of a particular parcel on which a residence
occupied by the
owner is situated, such reduced assessment, subject to equalization, shall
remain in effect for the remainder of the general assessment period as provided
in Sections 9-215 through 9-225, unless that parcel is subsequently sold in
an arm's length transaction establishing a fair cash value for the parcel that
is different from the fair cash value on which the Board's assessment is
based, or unless the decision of the Property Tax Appeal Board is reversed
or modified upon review.
(Source: P.A. 99-626, eff. 7-22-16; 100-216, eff. 8-18-17.)
(35 ILCS 200/16-190)
Sec. 16-190. Record of proceedings and orders.
(a) The Property Tax Appeal
Board shall keep a record of its proceedings and orders and the record shall be
a public record. In all cases where the contesting party is seeking a change of
$100,000 or more in assessed valuation, the contesting party must provide a
court reporter at his or her own expense. The original certified transcript of
such hearing shall be forwarded to the Springfield office of the Property Tax
Appeal Board and shall become part of the Board's official record of the
proceeding on appeal. Each year the Property Tax Appeal Board shall publish a
volume containing a synopsis of representative cases decided by the Board
during that year. The publication shall be organized by or cross-referenced by
the issue presented before the Board in each case contained in the
publication. The publication shall be available for inspection by the public at
the Property Tax Appeal Board offices and copies shall be available for a
reasonable cost, except as provided in Section 16-191.
(b) The Property Tax Appeal Board shall provide annually, no later than
February 1, to the Governor and the General Assembly a report that contains for
each county the following:
(c) The requirement for providing a report to the General Assembly shall be
satisfied by filing copies of the report with the following:
(Source: P.A. 100-1148, eff. 12-10-18.)
(35 ILCS 200/16-191)
Sec. 16-191.
Publications for Chief County Assessment Officers.
The
Property Tax Appeal Board shall annually distribute to each chief county
assessment officer, free of charge, one copy of the volume published
pursuant to Section 16-190 and one copy of
any other publication produced by the Property Tax Appeal Board, upon
request.
In addition, in counties with 3,000,000 or more inhabitants, the Property
Tax
Appeal Board shall electronically distribute every 30 days to the chief county
assessment
officer, free of charge, appeal information containing the following:
(Source: P.A. 93-248, eff. 7-22-03.)
(35 ILCS 200/16-195)
Sec. 16-195.
Review of decisions.
Final administrative decisions of
the Property Tax Appeal Board are subject to review under the provisions of the
Administrative Review Law, except that in every case where a change in
assessed valuation of $300,000 or more was sought, that review shall be
afforded directly in the Appellate Court for the district in which the property
involved in the Board's decision is situated, and not in the circuit court. The
Property Tax Appeal Board shall certify the record of its proceedings only if
the taxpayer or other entity seeking review under the Administrative Review Law
pays to it for each page of legal size or smaller, the sum of 75¢ per page for
testimony taken before the Board and 25¢ per page for all other matters
contained in the record, and for any page larger than legal size the sum of $1,
except that these charges may be waived when the Board is satisfied that the
aggrieved party cannot afford to pay such charges. There shall be no charge to
the taxpayer or other entity for certification by the Property Tax Appeal Board
of any pages of the record which are furnished for inclusion in the record by
the taxpayer or other entity seeking review. If payment for the record is not
made by the taxpayer or other entity within 30 days after notice from the Board
or the Attorney General of the cost thereof, the court in which the proceeding
is pending, on motion of the Board, shall dismiss the complaint.
(Source: P.A. 87-1189; 88-455.)
(35 ILCS 200/Art. 16 Div. 5 heading)
(35 ILCS 200/16-200)
Sec. 16-200.
Review of farmland and coal assessments.
Assessments in each
county made under Sections 10-110 through 10-140 and 10-170 through 10-200
shall be subject to review by the Department to determine whether they are
being made in accordance with those Sections. If it appears to the Department
that local assessing officials are not assigning values determined under the
Sections cited above, the Department may order a reassessment under Section
13-10 or may order that the Board of Review reconvene to correct those
assessments.
(Source: P.A. 80-1386; 88-455.)
(35 ILCS 200/16-205)
Sec. 16-205.
Limitation on Department review of individual assessments.
Nothing in this Code shall be construed to give the Department any power,
jurisdiction or authority to review, revise, correct or change any individual
assessment made by any local assessment officer.
(Source: Laws 1943, vol. 1, p. 1136; P.A. 88-455.)
(35 ILCS 200/Art. 17 heading)
(35 ILCS 200/17-5)
Sec. 17-5.
Equalization among counties.
The Department shall act as an
equalizing authority. It shall examine the abstracts of property assessed for
taxation in the counties and in the assessment districts in counties having
assessment districts, as returned by the county clerks, and shall equalize the
assessments between counties as provided in this Code. Except as hereinafter
provided, the Department shall lower or raise the total assessed value of
property in each county as returned by the county clerk, other than
property
assessed under Sections 10-110 through 10-140 and 10-170 through 10-200, so
that the property will be assessed at 33 1/3% of its fair cash value.
The Department shall annually determine the percentage relationship, for each
county of the State, between the valuations at which locally-assessed property,
other than property assessed under the Sections 10-110 through 10-140 and
10-170 through 10-200, as listed by assessors and revised by boards
of review, and the estimated 33 1/3% of the fair cash value of
the
property. To make this analysis, the Department shall use property transfers,
property appraisals, and other means as it deems proper and reasonable.
With the ratio determined for each county, the Department shall then
determine the percentage to be added to or deducted from the aggregate reviewed
assessment on property subject to local assessment jurisdiction, other than
property assessed under the Sections cited above, to produce a ratio of
assessed value to 33 1/3% of the fair cash value equivalent to 100%.
(Source: P.A. 91-555, eff. 1-1-00.)
(35 ILCS 200/17-10)
Sec. 17-10. Sales ratio studies. The Department shall monitor the
quality of local assessments by designing, preparing and using ratio studies,
and shall use the results as the basis for equalization decisions. In
compiling sales ratio studies, the Department shall exclude from the reported
sales price of any property any amounts included for personal property and,
for sales occurring through December 31, 1999, shall exclude
seller paid points. The Department shall not include in its sales ratio
studies sales of property which have been platted and for which an increase in
the assessed valuation is restricted by Section 10-30.
The Department shall not include in its sales ratio studies the initial sale
of residential property that has been converted to condominium property. The Department shall include compulsory sales occurring on or after January 1, 2011 in its sales ratio studies. The Department shall also consider whether the compulsory sale would otherwise be considered an arm's length transaction, based on existing sales ratio study standards.
When the declaration
required under the Real Estate Transfer Tax Law contains financing information
required under Section 31-25, the Department shall adjust sales prices to
exclude seller-paid points and shall adjust sales prices to "cash value" when
seller related financing is used that is different than the prevailing cost of
cash. The prevailing cost of cash for sales occurring on or after January 1,
1992 shall be established as the monthly average 30-year fixed Primary Mortgage
Market Survey rate for the North Central Region as published weekly by the
Federal Home Loan Mortgage Corporation, as computed by the Department, or such
other rate as determined by the Department. This rate shall be known as the
survey rate. For sales occurring on or after January 1, 1992, through
December 31, 1999, adjustments in
the prevailing cost of cash shall be made only after the survey rate has been
at or above 13% for 12 consecutive months and will continue until the survey
rate has been below 13% for 12 consecutive months.
For sales occurring on or after January 1, 2000, adjustments for seller paid
points and adjustments in the prevailing cost of cash shall be made only after
the survey rate has been at or above 13% for 12 consecutive months and will
continue until the survey rate has been below 13% for 12 consecutive months. The Department shall make
public its adjustment procedure upon request.
(Source: P.A. 96-1083, eff. 7-16-10.)
(35 ILCS 200/17-15)
Sec. 17-15.
Tentative equalization factor.
The Department shall forward to
the County Clerk of each county in each year its estimate of the percentage,
established under Section 17-5, to be added to or deducted from the aggregate
of the locally assessed property in that county, other than property assessed
under Sections 10-110 through 10-140 and 10-170 through 10-200. The percentage
relationship to be certified to each county
by the Department as provided by Section 17-25 shall be determined by the ratio
between the percentage estimate so made and forwarded, as provided by this
Section, and the level of assessments of the assessed valuations as made by the
assessors and thereafter finally revised by the board of review of that county. Such estimate shall be forwarded by the Department
to
the County Clerk of any County within 15 days after the chief county
assessment officer files with the Department an abstract of the assessments
of the locally assessed property in the county, as finally
revised. The abstract shall be in substantially the same form as
required of the County Clerk by Sections 9-250 and 9-255 after
completion of the revisions thereafter to be made by the board of review of the
county, except that the abstract shall
specify separately the amount of omitted property, and the amount of
improvements upon property assessed for the first time in that year.
The chief county assessment officer shall forward the abstract to the
Department within 30 days after returning the county assessment books to the
county board of review.
(Source: P.A. 91-555, eff. 1-1-00.)
(35 ILCS 200/17-20)
Sec. 17-20. Hearing on tentative equalization factor. The Department
shall, after publishing its tentative equalization factor and giving notice
of hearing to the public in a newspaper of general circulation in the county,
hold a hearing on its estimate not less than 10 days nor more than 30 days from
the date of the publication. The notice shall state the provided hearing platform and accessibility instructions, date, and time of the
hearing, the basis for
the estimate of the Department, and further information as the Department may
prescribe. The Department shall, after giving a hearing to all interested
parties and opportunity for submitting testimony and evidence in support of or
adverse to the estimate as the Department considers requisite, either confirm
or revise the estimate so as to correctly represent the considered judgment of
the Department respecting the estimated percentage to be added to or deducted
from the aggregate assessment of all locally assessed property in the county
except property assessed under Sections 10-110 through 10-140 or 10-170 through
10-200. Within 30 days after the conclusion of the hearing the Department
shall mail to the County Clerk, by certified mail, its determination with
respect to such estimated percentage to be added to or deducted from the
aggregate assessment.
(Source: P.A. 102-1019, eff. 1-1-23.)
(35 ILCS 200/17-25)
Sec. 17-25.
Application of final equalization factor.
The assessments of
all property, other than property assessed under Sections 10-110 through 10-140
and 10-170 through 10-200, as returned by the county clerks, shall be
equalized by adding to the aggregate assessed value thereof in every county in
which the Department finds the valuation to be less than 33 1/3% of the fair
cash value of the property, the rate per cent which will raise the aggregate
assessed valuation to 33 1/3% of fair cash value, and by deducting from the
aggregate assessed value thereof, in every county in which the
Department finds the valuation to be more than 33 1/3% of the fair cash value,
the rate per cent which will reduce the aggregate assessed valuation to
33 1/3% of fair cash value.
However, no equalization factor shall be certified by the Department to
raise or reduce the aggregate assessed value of any county in
which
the aggregate assessed value of property other than that assessed under the
Sections cited above, is more than 99% and less than 101% of 33 1/3% of fair
cash value.
(Source: P.A. 91-555, eff. 1-1-00.)
(35 ILCS 200/17-30)
Sec. 17-30.
Certification of final equalization factor.
When the
Department has
completed its equalization of assessments in each year, it shall certify to
each county clerk the percentage finally determined by it
to be added to or
deducted from the listed or assessed valuation of property in the county as
returned by the county clerk.
(Source: P.A. 91-555, eff. 1-1-00.)
(35 ILCS 200/17-35)
Sec. 17-35.
Certification of assessments.
The Department shall certify to the county clerks of the proper
counties the assessments made by it on certified pollution control
facilities, low sulfur dioxide emission coal fueled devices and on property
owned or used by railroad companies operating within this State, along with the
distribution of those railroad assessments among the respective taxing
districts within the counties. The county clerks shall extend the taxes for all
purposes on the amounts so certified, in the same manner as taxes are extended
against other property in the taxing districts in which the pollution control
facilities, low sulfur dioxide emission coal fueled devices and railroad
property are allocated or distributed.
(Source: P.A. 91-555, eff. 1-1-00.)
(35 ILCS 200/17-40)
Sec. 17-40.
Publication of final equalization factor.
The Department
shall publish in each county the percentage and equalization factor certified
to each county clerk under Section 17-30. If the percentage differs from the
percentage derived from the initial estimate certified under Section 17-15, a
statement as to the basis for the final percentage shall also be published.
The Department shall provide the statement to any member of the public upon
request.
(Source: P.A. 79-703; 88-455.)
Structure Illinois Compiled Statutes