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List of Forms by Chapter - Chapter 1 — Appraisals
- I. [1.1] Scope of Chapter
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II. [1.2] Conforming to Uniform Standards of Professional Appraisal Practice - [1.3] Uniform Standards of Professional Appraisal Practice Rules
- [1.4] Real Property Appraisal Reporting
- [1.5] Letter of Transmittal
- [1.6] Identification of Property
- [1.7] Property Interest Appraised
- [1.8] Tangible Assets
- [1.9] Intangible Assets — Business Enterprise Value
- [1.10] Purpose
- [1.11] Intended Use
- [1.12] Definition of Value
- [1.13] Effective Date of Valuation
- [1.14] Exposure/Marketing Time
- [1.15] Scope
- [1.16] Limiting Conditions
- [1.17] Highest and Best Use
- [1.18] Property History and Listing Information
- [1.19] Certification
- III. Three Approaches to Value — Cost, Sales Comparison, and Income Capitalization
- [1.20] Cost Approach
- [1.21] Sales Comparison Approach
- [1.22] Adjustment of Leased Fee Sale Prices to Fee-Simple Interests
- [1.23] Above- or Below-Market Rent Encumbrance
- [1.24] Which Property Types Will Most Likely Need Adjustment?
- [1.25] Why Do Certain Property Types Need Adjustment?
- [1.26] Elements of Leased Fee Sales
- [1.27] Effect of Excess Tenant Improvements on Leased Fee Prices
- [1.28] Leased Fee Adjustment
- [1.29] Time Adjustment
- [1.30] Transfer Declarations
- [1.31] Income Capitalization Approach
- IV. [1.32] Contract Rent vs. Market Rent
- V. [1.36] Specialized Property Types
- [1.37] Anchor Department Stores
- [1.38] Sanitary Landfills
- [1.39] Income Capitalization Approach
- [1.40] Sales Comparison Approach
- [1.41] Applicability of Cost Approach
- [1.42] Specific Methodology To Be Used in Cost Approach
- [1.43] Healthcare Properties
- [1.44] Quantification of Business Enterprise Value (Nursing Homes)
- [1.45] Comparison of Cost Approach Value and Income Capitalization Approach Value
- [1.46] Capital Cost Component from Medicaid Reimbursement Rate
- [1.47] HUD Loan Underwriting Guidelines
- [1.48] Preferred Method — Cost Approach
- VI. [1.49] Conclusion
- Chapter 2 — Real Property Tax Incentives
- I. Real Estate Tax Incentive Program in Cook County
- [2.1] In General
- [2.2] Incentive Classifications
- [2.3] Eligibility Application and Incentive Appeal
- [2.4] Term of Incentive Classifications
- [2.5] Maintaining Incentive Classification
- [2.6] Renewability of Some Incentives
- [2.7] Additional Requirements
- [2.8] Benefit of Incentive Classification
- [2.9] Qualified Projects
- [2.10] Qualifying Circumstances
- [2.11] Eligible Investment Projects
- [2.12] Relaxed Circumstances Under Relief Programs
- II. [2.13] Specific Incentive Classes
- [2.14] Exclusive to Industrial Use Property
- [2.15] Class 6b
- [2.16] Class 6b Sustainable Emergency Relief Program
- [2.17] Class 6b Temporary Emergency Economic Recovery Modification
- [2.18] Class 6b Critical Emergency Employee Retention Modification
- [2.19] Exclusive to Commercial Use Property
- [2.20] Classes 7a and 7b
- [2.21] Class 7c Commercial Urban Relief Eligibility
- [2.22] Incentives Available to Commercial and Industrial Use Property
- [2.23] Class 8
- [2.24] Class 8 Temporary Emergency Economic Recovery Modification
- [2.25] Class 8 Critical Emergency Employee Retention Modification
- [2.26] Class C
- [2.27] Class L
- [2.28] Classes 9 and S
- Incentives Summary Tables
- [2.29] Class-Specific Qualification and Eligibility Rules
- [2.30] Additional or Alternative Rules
- III. History
- Chapter 3 — Additional Resources for Practitioners
- I. Educational Resources
- II. Voluntary Association Resources
- [3.4] International Association of Assessing Officers
- [3.5] Illinois Chief County Assessment Officers
- [3.6] Illinois State Bar Association
- [3.7] Chicago Bar Association
- [3.8] Illinois Real Estate Lawyers Association
- [3.9] Illinois Property Tax Lawyers Association
- [3.10] Appraisal Institute
- [3.11] Women’s Property Tax Association
- [3.12] Illinois Chamber Tax Institute
- [3.13] Taxpayers Federation of Illinois
- [3.14] Civic Federation
- III. Governmental Resources
- Chapter 4 — Levy, Extension, and Collection of Property Taxes
- I. Introduction
- II. Levy of Taxes
- III. Extension of Taxes
- [4.16] Overview of the Tax Extension Process
- [4.17] Preparation of Collectors’ Books
- [4.18] Effect of Equalization of Assessments
- [4.19] Determination of Tax Rates
- [4.20] Modification of Maximum Tax Rates
- [4.21] Computation of Actual Tax Rate
- [4.22] Extension of Taxes and Additions Thereto
- [4.23] Property Tax Extension Limitation Law
- [4.24] Increasing the Extension Limitation
- [4.25] Increasing the Limiting Rate
- [4.26] Imposing a New Tax Rate
- [4.27] Increasing the Debt Service Extension Base
- [4.28] Decreasing the Extension for Educational Purposes
- [4.29] Proving Up Extensions
- [4.30] Back Taxes on Omitted Property
- [4.31] Certificate of Tax Rates and Delivery of Collectors’ Books to Collectors
- IV. Payment, Collection, and Distribution of Taxes
- [4.32] Overview of the Tax Collection Process
- [4.33] Collectors of Taxes — Duties and Liabilities
- [4.34] Fines and Civil Penalties
- [4.35] Liability on Their Bonds and Damages
- [4.36] Removal from Office
- [4.37] Criminal Penalties for Official Misconduct
- [4.38] Tax Bills and Payment of Taxes
- [4.39] Effect of Payment Under Protest
- [4.40] Return, Settlement, and Distribution of Taxes
- V. [4.41] Sample Tax Levy Village Ordinance
- Chapter 5 — Tax Rate Objections
- I. [5.1] Introduction
- II. Objections to the Multiplier
- III. Objections to Tax Levies
- IV. [5.6] Payment of Tax Under Protest
- V. [5.7] Developing Rate Objections
- VI. Illustrative Rate Objections
- [5.8] Ballot Not in Statutory Form
- [5.9] Budget or Levy Not Made at Time and in Manner Required by Law
- [5.10] Levy Adopted Too Soon After Publication of Budget
- [5.11] Underestimate of Surplus
- [5.12] Lump-Sum Appropriations (Insufficient Itemization)
- [5.13] Excessive or Unneeded Levies
- [5.14] Excessive Provision for Loss in Collection of Taxes
- [5.15] Levy at Rate in Excess of Maximum Allowed by Law
- [5.16] Contingent Expenses
- [5.17] Tax Based on Unconstitutional Statute
- [5.18] Validating Act Invalid
- [5.19] Impermissible Transfer of Funds
- [5.20] Multi-County Apportionment Factors
- [5.21] Home-Rule Units
- VII. Filing and Litigating the Objections
- Chapter 6 — Tax Bills and Payments; Tax Sales and Redemptions; Miscellaneous Collections
- I. [6.1] Scope of Chapter
- II. [6.2] Real Estate Taxes as a First and Prior Lien
- III. [6.6] Tax Collection Procedures — Current Taxes
- [6.7] Two-Equal-Installment Method
- [6.8] Estimated-First-Installment Method — Cook County
- [6.9] Estimated-First-Installment Method — Outside Cook County
- [6.10] Four-Installment Method
- [6.11] Miscellaneous Exceptions — Deferred Delinquency Dates and Deferred or Exempted Interest Charges
- [6.12] Payments
- [6.13] Partial Payments
- [6.14] Payments as to Partial Interests
- [6.15] Certificates of Error
- [6.16] Payments Under Protest (Tax Objection Complaints)
- [6.17] Warrant Books
- [6.18] Special Assessments
- IV. [6.19] Tax Enforcement Procedures — Delinquent Taxes
- [6.20] Prerequisites for a Tax Sale — Collector’s Application for Judgment and Order of Sale
- [6.21] Publication of the Delinquent List
- [6.22] Mailed Notice to the Last Assessee or to the Current Owner of Record
- [6.23] Tax Judgment, Sale, Redemption, and Forfeiture Record
- [6.24] Judgment and Order of Sale
- [6.25] Certificate of Correctness
- [6.26] Annual Tax Sale
- [6.27] Bidding
- [6.28] Who May Bid
- [6.29] Completion of the Sale
- [6.30] Sales in Error
- [6.31] Forfeitures and Forfeiture Sales
- [6.32] Scavenger Sales
- [6.33] Origin and Purpose of the Scavenger Act
- [6.34] Prerequisites for a Scavenger Sale
- [6.35] Scavenger Sale
- [6.36] Who May Bid
- [6.37] Confirmation
- [6.38] Redemption Period
- [6.39] Redemptions
- [6.40] Scavenger Sales Summary
- [6.41] Tax Foreclosure Sales
- [6.42] Special Tax Sales
- [6.43] In Personam Liability —Suit To Recover Unpaid Taxes
- [6.44] Available Defenses
- [6.45] Owner for Purposes of Personal Liability for Unpaid Taxes
- [6.46] Relationship Between in Rem Lien and in Personam Action
- [6.47] Effect of No Subsequent Tax Sale on Tax Lien
- [6.48] Real Estate Closings and in Personam Liability
- V. [6.49] Redemption Period
- [6.50] Certificate Holder
- [6.51] Certificate of Purchase
- [6.52] Tax Receiverships
- [6.53] Necessary Party in Governmental Actions Against the Property
- Sales in Error
- [6.54] Grounds for Finding of Sale in Error
- [6.55] Error of a county official
- [6.56] Bankruptcy of legal or beneficial owner
- [6.57] Improvements “substantially destroyed” or “rendered uninhabitable”
- [6.58] Municipal liens or acquisition under the police power
- [6.59] Non-extinguishable United States interest
- [6.60] Unknown presence of hazardous substance, hazardous waste, or underground storage tank
- [6.61] Denial of petition for tax deed
- [6.62] Exclusivity of statutory listing
- Payment
- [6.63] In General
- [6.64] Interests and Costs
- [6.65] Exceptions
- [6.66] Methods of financing
- [6.67] Problems
- [6.68] Right to Redemption Money
- [6.69] Right To Proceed to Tax Deed
- [6.70] Property Owner
- [6.71] Time and Condition of Redemption
- [6.72] Redemption During Period of Redemption
- [6.73] Amount Necessary for Redemption
- [6.74] Parties Entitled To Redeem
- [6.75] Redemption of Individual Interests
- [6.76] Right To Appear and Defend Against a Petition for Tax Deed
- [6.77] Redemption Under Protest
- [6.78] Bankruptcy
- VI. [6.79] Miscellaneous Provisions for Extinguishing Tax Liens
- VII. [6.86] Conclusion
- Chapter 7 — A Guide to Tax Deed and Indemnity Fund Proceedings
- I. [7.1] Tax Deed Proceedings
- [7.2] Prerequisites for the Issuance of a Tax Deed
- [7.3] 35 ILCS 200/22-5: Notice Within the First Four Months and Fifteen Days of the Redemption Period
- [7.4] Extension of the Redemption Period
- [7.5] Petition for Tax Deed — Within Six to Three Months Prior to the End of the Redemption Period
- [7.6] Notices Required by 35 ILCS 200/22-10 through 35 ILCS 200/22-25 — Within Six to Three Months Prior to the End of the Redemption Period
- [7.7] Special Problems in Dealing with Governmental Interests in the Property
- Units of Local Government
- [7.8] Real estate taxes
- [7.9] Fee title
- [7.10] Demolition liens
- [7.11] Other liens
- State of Illinois
- [7.12] Fee title
- [7.13] Other interests
- United States
- [7.14] Fee title and mortgage interests
- [7.15] Federal revenue liens
- [7.16] Application for Tax Deed — After the Expiration of the Redemption Period
- [7.17] Tax Deed Hearing
- [7.18] Order for Tax Deed
- [7.19] Recording Tax Deed Within One Year of Redemption Expiration
- [7.20] Merchantability of Tax Titles
- [7.21] Possession
- II. [7.22] Treatment of Tax Deed Process in Bankruptcy
- [7.23] Effect of a Bankruptcy Filing on the Running of the Redemption Period
- [7.24] Effect of the Bankruptcy Code’s Automatic Stay on the Tax Deed Process
- [7.25] Availability of Relief from the Automatic Stay for Tax Purchasers or Assignees
- [7.26] Whether a Tax Sale Certificate Holder’s Interest May Be Included Within a Chapter 13 Plan or Chapter 11 Plan of Reorganization
- [7.27] Other Bankruptcy Issues
- III. [7.28] Attacking Tax Deeds
- [7.29] Constitutionality of Tax Sale and Tax Deed Procedures
- [7.30] Direct Attack
- [7.31] Collateral Attack
- [7.32] Collateral Attack at Any Time
- [7.33] Taxes Paid or Property Exempt
- [7.34] Sovereign Immunity
- [7.35] Pretax-Sale Bankruptcy
- [7.36] Collateral Attack in a Post-Tax-Deed Bankruptcy — Setting a Tax Deed Aside as a Fraudulent Transfer
- [7.37] Collateral Attack Under §2-1401 of the Code of Civil Procedure
- [7.38] Procedural Requirements
- [7.39] Immunity of a Bona Fide Purchaser
- [7.40] Burden of Proof
- Grounds for Relief
- [7.41] Fraud — Property Tax Code §22-45(3)
- [7.42] Lack of diligence — Property Tax Code §22-45(4)
- [7.43] Homestead property in Cook County — Property Tax Code §22-45
- [7.44] Void orders
- [7.45] Due-process defenses
- [7.46] Reimbursement on Setting Aside Tax Deeds
- IV. Alternative Relief — The Indemnity Fund
- V. Appendix — Sample Forms (Incorporating Amendments from P.A. 97-577)
- [7.54] Statutory Form of 35 ILCS 200/22-5 Take Notice
- [7.55] Notice of Extension of Period of Redemption
- [7.56] Petition for Tax Deed (Annual or Forfeiture)
- [7.57] Petition for Tax Deed (Scavenger Sale)
- [7.58] Statutory Form of Clerk’s Notice
- [7.59] Clerk’s Certificate of Mailing
- [7.60] Statutory Form of 35 ILCS 200/22-10 Take Notice
- [7.61] Application for an Order Directing the County Clerk To Issue a Tax Deed (Cook County Only — Annual or Forfeiture)
- [7.62] Application for an Order Directing the County Clerk To Issue a Tax Deed (All Counties Other than Cook — Annual or Forfeiture)
- [7.63] Application for an Order Directing the County Clerk To Issue a Tax Deed (All Counties Other than Cook — Scavenger)
- [7.64] Affidavit in Support of Application for Tax Deed
- [7.65] Order Directing Issuance of Tax Deed (Annual or Forfeiture)
- [7.66] Order Directing Issuance of Tax Deed (Scavenger)
- [7.67] Affidavit of Eligibility To Acquire Scavenger Sale Certificate (Individual)
- [7.68] Affidavit of Eligibility To Acquire Scavenger Sale Certificate (Partnership, Corporation, or Assumed Name)
- [7.69] Lis Pendens Notice (Annual or Forfeiture)
- [7.70] Lis Pendens Notice (Scavenger)
- Ellen G. Berkshire
Ellen G. Berkshire
Ellen G. Berkshireis a Founding Partner at Verros Berkshire, PC, in Chicago, where she concentrates her practice in representing commercial, industrial, and residential property owners in Cook County and throughout Illinois and Michigan. She is a member of the Chicago and Illinois State Bar Associations, the International Association of Assessing Officers, and the Women’s Property Tax Association (Founding Member and Treasurer). Ms. Berkshire earned her B.A. from Indiana University, her M.S. from Ball State University, and her J.D. from IIT Chicago-Kent College of Law.
- Jeffrey S. Blumenthal
Jeffrey S. Blumenthal
Jeffrey S. Blumenthalis a Partner at Slutzky & Blumenthal in Chicago, where he concentrates his practice in tax sales, tax deed litigation, and appeals. He has served as an adjunct professor of law at UIC John Marshall Law School, teaching legal writing and research skills. He is a member of the Chicago and Illinois State Bar Associations and the Decalogue Society of Lawyers. Mr. Blumenthal served as Chair of the Chicago Bar Association Real Estate Taxation Committee and the Chicago Bar Association Tax Sale/Tax Deed Subcommittee. He has also served as a moderator and panel member at numerous CBA and IICLE® seminars. He earned his B.A. from the University of Pennsylvania and his J.D. with high honors from IIT Chicago-Kent College of Law.
- Bradley R. Braemer
Bradley R. Braemer
Bradley R. Braemer is an appraiser at Real Estate Analysis Corp., in Chicago, where he focuses on commercial real estate appraisals. He is holds Member Appraisal Institute (MAI) and Appraisal Institute – General Review Specialist (AI-GRS) designations. He is also a member of the Wisconsin Real Estate Alumni Association. Mr. Braemer earned his B.B.A. from the University of Wisconsin at Madison.
- Lauren C. Elliott
Lauren C. Elliott
Lauren C. Elliott is a Principal at Elliott & Associates, PC, in Des Plaines, where she concentrates her practice in real estate tax and incentives. She has been selected as an Emerging Lawyer (2017, 2018, 2019, 2020) and selected as a Super Lawyers Rising Star (2020). Ms, Elliott served as Speaker for the State and Local Taxation Section of the ISBA on Property Tax updates (Jan. 30, 2020). She earned her B.S from Indianan University-Kelley School of Business, and her J.D. from IIT Chicago-Kent College of Law where she was a member of the Dean’s list and an active participant in the Chicago Kent Trial Advocacy Program.
- David R. Gray, Jr.
David R. Gray, Jr.
David R. Gray, Jr. is the Owner and Principal of The Law Offices of David R. Gray, Jr., Ltd., in Chicago, where he concentrates on real estate litigation. He is a member of the American Land Title Association, the Chicago and Illinois State Bar Associations, and is a former Chair of the CBA Real Estate Taxation Committee. Mr. Gray earned his B.A. from the College of Charleston and his J.D. from Valparaiso University Law School.
- Michael J. Kelly
Michael J. Kelly
Michael J. Kelly is President of Real Estate Analysis Corporation in Chicago, where he focuses on commercial and industrial appraisals. He holds the professional designations of Member Appraisal Institute (MAI), Senior Real Property Appraiser (SRPA), and Appraisal Institute – General Review Specialist (AI-GRS). Mr. Kelly earned his B.A. from Western Illinois University and his M.B.A. from the University of Chicago.
- Dana Deen Kinion
Dana Deen Kinion
Dana Deen Kinionis Of Counselto Zack Stamp, Ltd., in Springfield, where she focuses on local, state, and federal tax issues, including nonqualified deferred compensation tax planning and administration issues, insurance regulation and compliance, nonprofit organization tax exemption issues, as well as property tax appeals and exemptions. She serves on the Oak Ridge Cemetery Board of Managers, the Sangamon County Board of Review, and the Springfield Art Association Board. She is a member of Illinois and Oklahoma State Bar Associations Ms. Kinion earned her B.A. from Texas A&M University, her J.D. from the University of Tulsa College of Law, and her LL.M. from Southern Methodist University School of Law.
- Thomas J. McNulty
Thomas J. McNulty
Thomas J. McNulty is a Partner at Neal, Gerber & Eisenberg LLP, in Chicago, where he concentrates his practice in real estate taxation. He is a member of the International Association of Assessing Officers (IAAO), recipient of the Bernard L. Barnard Outstanding Technical Essay Award (2019), has been acknowledged as among The Best Lawyers in America (recommended in “Litigation - Real Estate/Real Estate Law, Special Focus: Tax” (2010 – current), and named an Illinois Super Lawyer (recommended in “Tax: Business,” 2005, 2006, 2013 – 2019). Mr. McNulty is a member of the International Association of Assessing Officers, the Institute for Professionals in Taxation, and the Illinois State Bar Association, where he serves on the State and Local Taxation Section Council.He earned his B.S. cum laude from the University of Notre Dame and his J.D. magna cum laude from Rutgers Law School.
- John W. VanSanten
John W. VanSanten
John W. VanSanten is Managing Director for Stout Risius Ross, Inc., in Chicago, where he focuses on real estate appraisals. He holds the professional designations of Appraisal Institute – General Review Specialist (AI-GRS), Member Appraisal Institute (MAI), and Counselor of Real Estate (CRE). Mr. VanSanten is a member of the Chicago Real Estate Council (Past President), the Institute for Professionals in Taxation, and the American Health Lawyers Association. He earned his B.A. from Augustana College and his M.B.A. from DePaul University.
- Melissa K. Whitley
Melissa K. Whitley
Melissa K. Whitley is a senior associate at Elliott & Associates, PC, in Des Plaines, where she focuses her practice on real property taxes and real property tax incentives. She was a member of the Cook County Incentive Working Group (2018 – 2019) and a member of the Illinois State and American Bar Association. Ms. Whitley earned her B.S. from Illinois State University and her J.D. from UIC John Marshal Law School.
Real Estate Taxation: Assessments, Rate Challenges, and Tax Sale Matters 2020 Edition
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