94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2610


 
Introduced 2/18/2005, by Rep. Robert S. Molaro
 
SYNOPSIS AS INTRODUCED:
 		














35 ILCS 200/22-40









    Amends the Property Tax Code. Provides that, upon application, the court shall enter an order to place the tax deed
grantee, or his or her successor in interest (now, only the grantee), in possession of the property and may enter orders and grant relief as
may be necessary or desirable to maintain the grantee, or his or her successor in interest (now, only the grantee), in possession. Provides that the changes made by this amendatory Act are declarative of existing law. 
















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A BILL FOR









 











HB2610

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    AN ACT concerning revenue.

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


 
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    Section 5. The Property Tax Code is amended  by changing 
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Section 22-40 as follows:
 



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    (35 ILCS 200/22-40)



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    Sec. 22-40. Issuance of deed; possession. 

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    (a) If the redemption period expires
and the property has 
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not been redeemed and all taxes and special assessments
which 
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became due and payable subsequent to the sale have been paid 
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and all
forfeitures and sales which occur subsequent to the 
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sale have been redeemed and
the notices required by law have 
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been given and all advancements of public
funds under the 
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police power made by a city, village or town under Section

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22-35 have been paid and the petitioner has complied with all 
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the provisions of
law entitling him or her to a deed, the court 
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shall so find and shall enter an
order directing the county 
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clerk on the production of the certificate of
purchase and a 
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certified copy of the order, to issue to the purchaser or his 
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or
her assignee a tax deed.  The court shall insist on strict 
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compliance with
Section 22-10 through 22-25.  Prior to the entry 
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of an order directing the
issuance of a tax deed, the 
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petitioner shall furnish the court with a report of
proceedings 
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of the evidence received on the application for tax deed and 
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the
report of proceedings shall be filed and made a part of the 
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court record.

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    (b) If taxes for years prior to the year or years sold are 
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or become
delinquent subsequent to the date of sale, the court 
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shall find
that the lien of those delinquent taxes has been or 
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will be merged into the tax
deed grantee's title if the court 
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determines that
the tax deed grantee or any prior holder of the 
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certificate of purchase, or
any
person or entity under common 
 


 






HB2610
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ownership or control with any such grantee or
prior holder of 
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the certificate of purchase, was at no time the holder of any

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certificate of purchase for the years sought to be merged.
If 
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delinquent taxes are merged into the tax deed pursuant to this 
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subsection,
the court shall enter an order declaring which 
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specific taxes have been or
will
be merged into the tax deed 
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title and directing the county treasurer and county
clerk to 
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reflect that declaration in the warrant and judgment records;

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provided,
that no such order shall be effective until a tax 
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deed has been issued and
timely recorded. Nothing contained in 
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this Section shall relieve any owner
liable for delinquent 
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property taxes under this Code from the payment of the
taxes 
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that have been merged into the title upon issuance of the tax 
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deed.

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    (c) The county clerk is entitled to a fee of $10 in 
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counties of
3,000,000 or more
inhabitants and $5 in counties 
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with less than 3,000,000 inhabitants for the
issuance of the 
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tax deed.  The clerk may not include in a tax deed more than
one 
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property as  listed, assessed and sold in one description, 
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except in cases
where several properties are owned by one 
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person.

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    Upon application, the court shall, enter an order to place 
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the tax deed
grantee, or his or her successor in interest, in 
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possession of the property and may enter orders and grant 
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relief as
may be necessary or desirable to maintain the 
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grantee, or his or her successor in interest, in possession.

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    (d) The court shall retain jurisdiction to enter orders 
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pursuant to
subsections (b) and (c) of this Section.  Public Act 
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92-223 and this amendatory Act of the 94th General Assembly

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This amendatory Act of the 92nd
General Assembly shall be 
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construed as being declarative of existing law
and not as a new 
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enactment.

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(Source: P.A. 91-564, eff. 8-14-99; 92-223, eff. 1-1-02.)