Illinois (ECWd) –
We noted in a prior Shelby County article that Shelby County is one of 62 counties now being sued in federal court, thanks to the State of Illinois’ failing to address the illegal property tax sale laws in the state. Illinois is the only state in the United States that failed to correct the law after the Supreme Court’s ruling on property tax sales and seizures of property 2 years ago.
It is our understanding from multiple county officials that the Attorney General is not going to assist individual counties in this lawsuit, so each is on their own. In some cases, this is going to put a real pinch on funds as not all State’s Attorneys are able to practice law in the Federal courts without certain prior authorizations. Hiring outside counsel to handle federal cases can get really expensive. While most county insurance covers these types of suits, there comes a point where insurance companies are going to raise rates or drop clients.
“The Fifth Amendment to the United State 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. See U.S. Const. amend. V. The United States Supreme Court has ruled that such action is an unconstitutional taking of the owners’ property. Yet, in Illinois this practice persists.”
A copy of the amended complaint can be downloaded at this link or viewed below.
Ammended complaint on property tax sales
1 Comment
james
Posted at 13:32h, 26 JuneI don’t mind paying property taxes However, I do have an issue with the procedure in which they assess our taxes. Does anybody truly know
how the system works. If you did you would be amazed at the flagrant theft. I agree, nobody should lose their home due to property taxes. Especially if they outright own the property.
What the hell has happened to this state? Thanks guys