State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]

91_HB3360

 
                                               LRB9112242SMcb

 1        AN ACT to amend the Property Tax Code by changing Section
 2    21-440.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Property Tax Code is amended by  changing
 6    Section 21-440 as follows:

 7        (35 ILCS 200/21-440)
 8        Sec.  21-440.  Action for collection of taxes and special
 9    assessments. The county board,  as  trustee  for  all  taxing
10    districts  having  an  interest  in  the  property's taxes or
11    special assessments, may, at any time  after  final  judgment
12    and  order  of sale against delinquent property under Section
13    21-180, institute a civil action in the name of the People of
14    the State of Illinois in the  circuit  court  for  the  whole
15    amount   due   for  taxes  and  special  assessments  on  the
16    delinquent or forfeited property. Any county, city,  village,
17    incorporated   town,   school  district  or  other  municipal
18    corporation to which any tax or special  assessment  is  due,
19    may,  at  any time after final judgment under Section 21-180,
20    institute a civil action in its  own  name,  in  the  circuit
21    court, for the amount of the tax or special assessment due to
22    it on the delinquent or forfeited property, and prosecute the
23    same to final judgment. On the sale of any property following
24    judgment  in  the  civil  action,  the county, city, village,
25    incorporated  town,  school  district  or   other   municipal
26    corporation,  interested  in  the  collection of the tax, may
27    become purchaser at the sale. If the property so sold is  not
28    redeemed  the purchaser may acquire, hold, sell or dispose of
29    the title thereto, the same as individuals may do  under  the
30    laws  of  this  State.   In  any  action  for  delinquent  or
31    forfeited  taxes,  the  fact  that property was assessed to a
 
                            -2-                LRB9112242SMcb
 1    person shall be prima facie evidence that the person was  the
 2    owner  thereof,  and was liable for the taxes for the year or
 3    years for which the assessment was made.  That  fact  may  be
 4    proved   by  the  introduction  in  evidence  of  the  proper
 5    assessment book or  roll,  or  other  competent  proof.   Any
 6    judgment  rendered  for delinquent or forfeited general taxes
 7    under this Section shall include the costs of the action  and
 8    reasonable attorney's fees.
 9    (Source: P.A. 86-949; 88-455.)

10        Section  99.  Effective date.  This Act takes effect upon
11    becoming law.

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