East Central Reporter

Illinois is facing legal challenges as 62 counties, clerks, and treasurers have been named in a federal lawsuit over alleged property tax sale violations. This development follows the state's failure to amend its property tax laws after a Supreme Court ruling two years ago deemed certain practices unconstitutional.

According to multiple county officials, the Illinois Attorney General will not be assisting the counties involved in this lawsuit. As a result, each county must navigate the legal proceedings independently. The financial burden of hiring outside counsel for federal cases may strain resources, especially since not all State’s Attorneys are authorized to practice in federal court without prior approval. While insurance often covers such lawsuits, there is concern that rising costs might lead insurers to increase rates or drop coverage.

“The Fifth Amendment to the United States Constitution bars the State of Illinois, or any county therein, from seizing property from its owners for the purpose of collecting delinquent property taxes while in the process forever depriving the property owner of the surplus equity in said property without compensation,” states a key point in the complaint. “The United States Supreme Court has ruled that such action is an unconstitutional taking of the owners’ property. Yet, in Illinois this practice persists.”

The full amended complaint can be accessed online for further details.