(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
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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
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converts it into electricity; or
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(3) A mechanism or process used for gathering solar
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energy through wind or thermal gradients; or
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(4) A component used to transfer thermal energy to a
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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
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solar collector, or a solar storage mechanism, which uses solar energy for generating electricity or for heating or cooling gases, solids, liquids, or other materials;
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(B) The design, materials, or elements of a system
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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; and
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(C) Any legal, financial, or institutional orders,
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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.
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(2) "Solar energy system" does not include
(A) Distribution equipment that is equally
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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; and
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(B) Components of a solar energy system that
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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.
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(3) The solar energy system shall conform to the
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standards for those systems established by regulation of the Department of Commerce and Economic Opportunity.
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(Source: P.A. 94‑793, eff. 5‑19‑06.)
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(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 200/10‑30)
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 |
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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
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(4) At the time of platting the property is vacant
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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.
(Source: P.A. 83‑837; 88‑455.)
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(35 ILCS 200/10‑40)
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 |
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(b) "Approved county or municipal landmark
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ordinance" means a county or municipal ordinance approved by the Director.
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(c) "Historic building" means an owner‑occupied
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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:
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(1) individually listed on the National Register
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of Historic Places or the Illinois Register of Historic Places;
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(2) individually designated pursuant to an
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approved county or municipal landmark ordinance; or
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(3) within a district listed on the National
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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.
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Historic building does not mean an individual unit of a
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(d) "Assessment officer" means the chief county
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(e) "Certificate of rehabilitation" means the
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certificate issued by the Director upon the renovation, restoration, preservation or rehabilitation of an historic building under this Code.
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(f) "Rehabilitation period" means the period of time
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necessary to renovate, restore, preserve or rehabilitate an historic building as determined by the Director.
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(g) "Standards for rehabilitation" means the
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Secretary of Interior's standards for rehabilitation as promulgated by the U.S. Department of the Interior.
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(h) "Fair cash value" means the fair cash value of
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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.
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(i) "Base year valuation" means the fair cash value
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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.
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(j) "Adjustment in value" means the difference for
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any year between the then current fair cash value and the base year valuation.
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(k) "Eight‑year valuation period" means the 8 years
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from the date of the issuance of the certificate of rehabilitation.
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(l) "Adjustment valuation period" means the 4 years
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following the 8 year valuation period.
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(m) "Substantial rehabilitation" means interior or
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exterior rehabilitation work that preserves the historic building in a manner that significantly improves its condition.
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(n) "Approved local government" means a local
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government that has been certified by the Director as:
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(1) enforcing appropriate legislation for the
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designation of historic buildings;
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(2) having established an adequate and qualified
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historic review commission;
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(3) maintaining a system for the survey and
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inventory of historic properties;
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(4) providing for adequate public participation
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in the local historic preservation program; and
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(5) maintaining a system for reviewing
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applications under this Section in accordance with rules and regulations promulgated by the Director.
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(o) "Cooperative" means a building or buildings and
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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.
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(p) "Owner", in the case of a cooperative, means the
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(q) "Association", in the case of a cooperative,
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means the entity responsible for the administration of a cooperative, which entity may be incorporated or unincorporated, profit or nonprofit.
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(r) "Owner‑occupied single family residence" means a
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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.
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(s) "Owner‑occupied multi‑family residence" means
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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.
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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.)
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(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 |
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to or greater than 25% of the base year valuation;
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(3) is for a building for which no certificate of
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rehabilitation has been approved within 4 years after the last year of the adjustment valuation period;
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(4) was or will be done in accordance with the
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standards for rehabilitation; and
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(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
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rehabilitation in that period; or
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(2) the magnitude of the project is such that a good
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faith attempt to complete the rehabilitation in that period would not succeed.
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(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 200/10‑115)
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 |
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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,
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provided by the College of Agriculture of the University of Illinois;
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(c) net return to land, which shall be the
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difference between (a) and (b) above;
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(d) a proposed agricultural economic value
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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
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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;
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(f) a proposed average equalized assessed value per
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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
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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. 91‑357, eff. 7‑29‑99.)
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(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 |
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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
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its debased productivity index equalized assessed value as cropland.
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(c) Other farmland shall be assessed at 1/6 of its
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debased productivity index equalized assessed value as cropland.
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(d) Wasteland shall be assessed on its contributory
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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 200/10‑155)
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 |
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or enhancing natural or scenic resources,
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(b) protects air or streams or water supplies,
(c) promotes conservation of soil, wetlands,
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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
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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.
(Source: P.A. 88‑455; 89‑137, eff. 1‑1‑96.)
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(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)
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 |
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access to outdoor recreation or outdoor education.
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(2) Land preserving habitat for State or federal
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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
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under Section 16 of the Illinois Natural Areas Preservation Act.
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(5) Land contributing to the ecological viability of
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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,
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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 200/10‑169)
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 |
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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
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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,
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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 200/10‑220)
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 |
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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
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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 200/10‑230)
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 200/10‑350)
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 |
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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
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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
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State of Illinois, if applicable;
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(2) the location or legal description of the
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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
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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
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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)
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 |
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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
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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
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State of Illinois, if applicable;
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(2) the location or legal description of the
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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
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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
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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)
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 |
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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
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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
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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
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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
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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
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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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