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90_HB1419
35 ILCS 200/22-20
35 ILCS 200/22-30
Amends the Property Tax Code. Provides that on and after
the effective date of this amendatory Act, a person may not
file a petition for a tax deed until after the expiration of
the redemption period, but in no case later than 3 months
after the expiration of the redemption period (now at any
time within 5 months but not less than 3 months prior to the
expiration of the redemption period). Provides that if the
notice of the expiration of the period of redemption is
served by publication, it shall be given 3 times within a
period of not more than 5 months but not less than 3 months
prior to expiration of the redemption period (now 3 times
after filing a petition for tax deed, but not less than 3 nor
more than 5 months prior to the expiration of the period of
redemption). Effective immediately.
LRB9004722KDks
LRB9004722KDks
1 AN ACT to amend the Property Tax Code by changing
2 Sections 22-20 and 22-30.
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 Sections 22-20 and 22-30 as follows:
7 (35 ILCS 200/22-20)
8 Sec. 22-20. Proof of service of notice - Publication of
9 notice. The sheriff or coroner serving notice under Section
10 22-15 shall endorse his or her return thereon and file it
11 with the Clerk of the Circuit Court and it shall be a part of
12 the court record. If a sheriff or coroner to whom any notice
13 is delivered for service, neglects or refuses to make the
14 return, the purchaser or his or her assignee may petition the
15 court to enter a rule requiring the sheriff or coroner to
16 make return of the notice on a day to be fixed by the court,
17 or to show cause on that day why he or she should not be
18 attached for contempt of the court. The purchaser or assignee
19 shall cause a written notice of the rule to be served upon
20 the sheriff or coroner. If good and sufficient cause to
21 excuse the sheriff or coroner is not shown, the court shall
22 adjudge him or her guilty of a contempt, and shall proceed to
23 punish him as in other cases of contempt.
24 If the property is located in a municipality in a county
25 with less than 3,000,000 inhabitants, the purchaser or his or
26 her assignee shall also publish a notice as to the owner or
27 party interested, in some newspaper published in the
28 municipality. If the property is not in a municipality in a
29 county with less than 3,000,000 inhabitants, or if no
30 newspaper is published therein, or if the property is in a
31 county with 3,000,000 or more inhabitants, the notice shall
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1 be published in some newspaper in the county. If no
2 newspaper is published in the county, then the notice shall
3 be published in the newspaper that is published nearest the
4 county seat of the county in which the property is located.
5 If the owners and parties interested in the property upon
6 diligent inquiry are unknown to the purchaser or his or her
7 assignee, the publication as to such owner or party
8 interested, may be made to unknown owners or parties
9 interested.
10 Before the effective date of this amendatory Act of 1997,
11 any notice by publication given under this Section shall be
12 given 3 times at any time after filing a petition for tax
13 deed, but not less than 3 months nor more than 5 months prior
14 to the expiration of the period of redemption. The
15 publication shall contain (a) notice of the filing of the
16 petition for tax deed, (b) the date on which the petitioner
17 intends to make application for an order on the petition that
18 a tax deed issue, (c) a description of the property, (d) the
19 date upon which the property was sold, (e) the taxes or
20 special assessments for which it was sold and (f) the date on
21 which the period of redemption will expire.
22 On and after the effective date of this amendatory Act of
23 1997, any notice by publication given under this Section
24 shall be given 3 times during a period not less than 3 months
25 nor more than 5 months before the expiration of the period of
26 redemption. The publication shall contain (a) the date on
27 which the period of redemption will expire, (b) the date on
28 or after the expiration of the redemption period on which the
29 petitioner intends to file the petition for tax deed, (c) the
30 date on which the petitioner intends to make application for
31 an order on the petition that a tax deed issue, (d) a
32 description of the property, (e) the date upon which the
33 property was sold, and (f) the taxes or special assessments
34 for which it was sold.
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1 The publication shall not include more than one property
2 listed and sold in one description, except as provided in
3 Section 21-90, and except that when more than one property is
4 owned by one person, all of the parcels owned by that person
5 may be included in one notice.
6 (Source: P.A. 87-1189; 88-455; 88-535.)
7 (35 ILCS 200/22-30)
8 Sec. 22-30. Petition for deed. Before the effective
9 date of this amendatory Act of 1997, at any time within 5
10 months but not less than 3 months prior to the expiration of
11 the redemption period for property sold pursuant to judgment
12 and order of sale under Sections 21-110 through 21-120 or
13 21-260, the purchaser or his or her assignee may file a
14 petition in the circuit court in the same proceeding in which
15 the judgment and order of sale were entered, asking that the
16 court direct the county clerk to issue a tax deed if the
17 property is not redeemed from the sale. On and after the
18 effective date of this amendatory Act of 1997, within 3
19 months after the expiration of the redemption period for
20 property sold pursuant to judgment and order of sale under
21 Sections 21-110 through 21-120 or 21-260, the purchaser or
22 his or her assignee may file a petition in the circuit court
23 in the same proceeding in which the judgment and order of
24 sale were entered, asking that the court direct the county
25 clerk to issue a tax deed if the property is not redeemed
26 from the sale. The petition shall be accompanied by the
27 statutory filing fee.
28 Notice of filing the petition and the date on which the
29 petitioner intends to apply for an order on the petition that
30 a deed be issued if the property is not redeemed shall be
31 given to occupants, owners and persons interested in the
32 property as part of the notice provided in Sections 22-10
33 through 22-25, except that only one publication is required.
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1 The county clerk shall be notified of the filing of the
2 petition and any person owning or interested in the property
3 may, if he or she desires, appear in the proceeding.
4 (Source: P.A. 86-1158; 86-1431; 86-1475; 87-145; 87-669;
5 87-671; 87-895; 87-1189; 88-455.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.