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Illinois Senate Bill SB2200

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2200 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2200 Introduced 2/7/2025, by Sen. Graciela Guzmn SYNOPSIS AS INTRODUCED: 35 ILCS 200/9-14535 ILCS 200/10-16635 ILCS 200/10-16735 ILCS 200/10-168 Amends the Property Tax Code. Provides that, for the purposes of assessment, property registered in perpetuity with the register of areas under the Illinois Natural Areas Preservation Act is considered to be encumbered by a public easement and shall be depreciated to a level at which its value is $5 per acre, and any improvement, dwelling, or other appurtenant structure present on that land shall be valued at 33 1/3% of its fair cash value. Provides that a conservation right on land preserving a habitat for plant and animal species that are native to Illinois (currently, State or federal endangered or threatened species or federal candidate species) is considered to provide a demonstrated public benefit. Provides that a conservation right on land located adjacent to a park, conservation area, nature preserve, or other land or water area that is publicly owned or otherwise permanently protected for conservation purposes is considered to provide a demonstrated public benefit if the conservation right on that land furthers the conservation purposes of the adjacent protected area. Effective immediately. LRB104 06203 HLH 16238 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2200 Introduced 2/7/2025, by Sen. Graciela Guzmn SYNOPSIS AS INTRODUCED: 35 ILCS 200/9-14535 ILCS 200/10-16635 ILCS 200/10-16735 ILCS 200/10-168 35 ILCS 200/9-145 35 ILCS 200/10-166 35 ILCS 200/10-167 35 ILCS 200/10-168 Amends the Property Tax Code. Provides that, for the purposes of assessment, property registered in perpetuity with the register of areas under the Illinois Natural Areas Preservation Act is considered to be encumbered by a public easement and shall be depreciated to a level at which its value is $5 per acre, and any improvement, dwelling, or other appurtenant structure present on that land shall be valued at 33 1/3% of its fair cash value. Provides that a conservation right on land preserving a habitat for plant and animal species that are native to Illinois (currently, State or federal endangered or threatened species or federal candidate species) is considered to provide a demonstrated public benefit. Provides that a conservation right on land located adjacent to a park, conservation area, nature preserve, or other land or water area that is publicly owned or otherwise permanently protected for conservation purposes is considered to provide a demonstrated public benefit if the conservation right on that land furthers the conservation purposes of the adjacent protected area. Effective immediately. LRB104 06203 HLH 16238 b LRB104 06203 HLH 16238 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2200 Introduced 2/7/2025, by Sen. Graciela Guzmn SYNOPSIS AS INTRODUCED:
33 35 ILCS 200/9-14535 ILCS 200/10-16635 ILCS 200/10-16735 ILCS 200/10-168 35 ILCS 200/9-145 35 ILCS 200/10-166 35 ILCS 200/10-167 35 ILCS 200/10-168
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88 Amends the Property Tax Code. Provides that, for the purposes of assessment, property registered in perpetuity with the register of areas under the Illinois Natural Areas Preservation Act is considered to be encumbered by a public easement and shall be depreciated to a level at which its value is $5 per acre, and any improvement, dwelling, or other appurtenant structure present on that land shall be valued at 33 1/3% of its fair cash value. Provides that a conservation right on land preserving a habitat for plant and animal species that are native to Illinois (currently, State or federal endangered or threatened species or federal candidate species) is considered to provide a demonstrated public benefit. Provides that a conservation right on land located adjacent to a park, conservation area, nature preserve, or other land or water area that is publicly owned or otherwise permanently protected for conservation purposes is considered to provide a demonstrated public benefit if the conservation right on that land furthers the conservation purposes of the adjacent protected area. Effective immediately.
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1414 1 AN ACT concerning revenue.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Property Tax Code is amended by changing
1818 5 Sections 9-145, 10-166, 10-167, and 10-168 as follows:
1919 6 (35 ILCS 200/9-145)
2020 7 Sec. 9-145. Statutory level of assessment. Except in
2121 8 counties with more than 200,000 inhabitants which classify
2222 9 property for purposes of taxation, property shall be valued as
2323 10 follows:
2424 11 (a) Each tract or lot of property shall be valued at 33
2525 12 1/3% of its fair cash value.
2626 13 (b) Each taxable leasehold estate shall be valued at
2727 14 33 1/3% of its fair cash value.
2828 15 (c) Each building or structure which is located on the
2929 16 right of way of any canal, railroad or other company
3030 17 leased or granted to another company or person for a term
3131 18 of years, shall be valued at 33 1/3% of its fair cash
3232 19 value.
3333 20 (d) Any property on which there is a coal or other
3434 21 mine, or stone or other quarry, shall be valued at 33 1/3%
3535 22 of its fair cash value. Oil, gas and other minerals,
3636 23 except coal, shall have value and be assessed separately
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4040 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2200 Introduced 2/7/2025, by Sen. Graciela Guzmn SYNOPSIS AS INTRODUCED:
4141 35 ILCS 200/9-14535 ILCS 200/10-16635 ILCS 200/10-16735 ILCS 200/10-168 35 ILCS 200/9-145 35 ILCS 200/10-166 35 ILCS 200/10-167 35 ILCS 200/10-168
4242 35 ILCS 200/9-145
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4545 35 ILCS 200/10-168
4646 Amends the Property Tax Code. Provides that, for the purposes of assessment, property registered in perpetuity with the register of areas under the Illinois Natural Areas Preservation Act is considered to be encumbered by a public easement and shall be depreciated to a level at which its value is $5 per acre, and any improvement, dwelling, or other appurtenant structure present on that land shall be valued at 33 1/3% of its fair cash value. Provides that a conservation right on land preserving a habitat for plant and animal species that are native to Illinois (currently, State or federal endangered or threatened species or federal candidate species) is considered to provide a demonstrated public benefit. Provides that a conservation right on land located adjacent to a park, conservation area, nature preserve, or other land or water area that is publicly owned or otherwise permanently protected for conservation purposes is considered to provide a demonstrated public benefit if the conservation right on that land furthers the conservation purposes of the adjacent protected area. Effective immediately.
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7777 1 at 33 1/3% of the fair cash value of such oil, gas and
7878 2 other minerals. Coal shall be assessed separately at 33
7979 3 1/3% of the coal reserve economic value, as provided in
8080 4 Sections 10-170 through 10-200.
8181 5 (e) In the assessment of property encumbered by public
8282 6 easement, any depreciation occasioned by such easement
8383 7 shall be deducted in the valuation of such property. Any
8484 8 property dedicated as a nature preserve or as a nature
8585 9 preserve buffer under the Illinois Natural Areas
8686 10 Preservation Act, for the purposes of this paragraph, is
8787 11 encumbered by a public easement and shall be depreciated
8888 12 for assessment purposes to a level at which its valuation
8989 13 shall be $1 per acre or portion thereof. For the purposes
9090 14 of this paragraph, any property registered in perpetuity
9191 15 under Section 16 of the Illinois Natural Areas
9292 16 Preservation Act is encumbered by a public easement and
9393 17 shall be depreciated for assessment purposes to a level at
9494 18 which its valuation is $5 per acre, or portion thereof,
9595 19 and any improvement, dwelling, or other appurtenant
9696 20 structure present on that land shall be valued at 33 1/3%
9797 21 of its fair cash value.
9898 22 This Section is subject to and modified by Sections 10-110
9999 23 through 10-140 and 11-5 through 11-65.
100100 24 (Source: P.A. 91-497, eff. 1-1-00.)
101101 25 (35 ILCS 200/10-166)
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112112 1 Sec. 10-166. Land Registered land or land encumbered by
113113 2 conservation rights; valuation. Except in counties with more
114114 3 than 200,000 inhabitants that classify property for the
115115 4 purpose of taxation, to the extent any portion of any lot,
116116 5 parcel, or tract of land is (i) registered in perpetuity under
117117 6 Section 16 of the Illinois Natural Areas Preservation Act, or
118118 7 (ii) encumbered in perpetuity by a conservation right, as
119119 8 defined in the Real Property Conservation Rights Act, if the
120120 9 conservation right has been conveyed and accepted in
121121 10 accordance with Section 2 of the Real Property Conservation
122122 11 Rights Act, recorded under Section 5 of that Act, and yields a
123123 12 public benefit as defined in Section 10-167 of this Act, upon
124124 13 application under Section 10-168, the portion of the lot,
125125 14 parcel, or tract of land registered or encumbered shall be
126126 15 valued at 3% 8-1/3% of its fair market value estimated as if it
127127 16 were not registered or encumbered; and any improvement,
128128 17 dwelling, or other appurtenant structure present on any
129129 18 registered or encumbered portion of land shall be valued at
130130 19 33-1/3% of its fair market value. Beginning with the 1995 tax
131131 20 year in counties with more than 200,000 inhabitants that
132132 21 classify property for the purpose of taxation, to the extent
133133 22 any portion of a lot, parcel, or tract of land is (i)
134134 23 registered in perpetuity under Section 16 of the Illinois
135135 24 Natural Areas Preservation Act or (ii) encumbered in
136136 25 perpetuity by a conservation right, as defined in the Real
137137 26 Property Conservation Rights Act, if the conservation right
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148148 1 has been conveyed and accepted in accordance with Section 2 of
149149 2 the Real Property Conservation Rights Act, recorded under
150150 3 Section 5 of that Act, and yields a public benefit as defined
151151 4 in Section 10-167 of this Code, upon application under Section
152152 5 10-168, the portion of the lot, parcel, or tract of land
153153 6 registered or encumbered shall be valued at 25% of that
154154 7 percentage of its fair market value established under this
155155 8 Code, by an ordinance adopted under Section 4 of Article IX of
156156 9 the Illinois Constitution, or both, as the case may be; and any
157157 10 improvement, dwelling, or other appurtenant structure present
158158 11 on any registered or encumbered portion of the land shall be
159159 12 valued at that percentage of fair market value established
160160 13 under this Code, by an ordinance adopted under Section 4 of
161161 14 Article IX of the Illinois Constitution, or both, as the case
162162 15 may be. To qualify for valuation under this Section, the
163163 16 registration agreement or conservation right establishing an
164164 17 encumbrance shall: (1) prohibit the construction of any other
165165 18 structure on the registered or encumbered land except
166166 19 replacement structures, no larger than the previous structures
167167 20 which are replaced, that do not interfere with or destroy the
168168 21 features of the land that are intended to be protected by the
169169 22 registration or conservation right; and (2) confine existing
170170 23 and future structures on the encumbered land to building
171171 24 envelopes.
172172 25 As used in this Section, "building envelope" means a
173173 26 clearly defined portion of the encumbered land in which
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184184 1 buildings and structures may exist, the location of which does
185185 2 not interfere with or destroy the features of the land that are
186186 3 intended to be protected by the conservation right.
187187 4 The valuation provided for in this Section shall not apply
188188 5 to any land that has been valued as open space land under
189189 6 Section 10-155.
190190 7 (Source: P.A. 88-657, eff. 1-1-95.)
191191 8 (35 ILCS 200/10-167)
192192 9 Sec. 10-167. Definition of public benefit; certification.
193193 10 (a) A conservation right on land shall be considered to
194194 11 provide a demonstrated public benefit if the Department of
195195 12 Natural Resources certifies that it protects in perpetuity at
196196 13 least one of the following:
197197 14 (1) Land providing a regular opportunity for public
198198 15 access to outdoor recreation or outdoor education.
199199 16 (2) Land preserving habitat for plant and animal
200200 17 species that are native to Illinois State or federal
201201 18 endangered or threatened species or federal candidate
202202 19 species as defined in the Code of Federal Regulations (50
203203 20 CFR 424.02).
204204 21 (3) Land identified in the Illinois Natural Areas
205205 22 Inventory.
206206 23 (4) Land determined to be eligible for registration
207207 24 under Section 16 of the Illinois Natural Areas
208208 25 Preservation Act.
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219219 1 (5) Land contributing to the ecological viability of a
220220 2 park, conservation area, nature preserve, or other high
221221 3 quality native terrestrial or aquatic area that is
222222 4 publicly owned or otherwise protected.
223223 5 (6) Land included in, or consistent with a federal,
224224 6 State, regional, or local government policy or plan for
225225 7 the conservation of wildlife habitat or open space, for
226226 8 the restoration or protection of lakes and streams, or for
227227 9 the protection of scenic areas.
228228 10 (7) Land located adjacent to a park, conservation
229229 11 area, nature preserve, or other land or water area that is
230230 12 publicly owned or otherwise permanently protected for
231231 13 conservation purposes, if the conservation right on that
232232 14 land furthers the conservation purposes of the adjacent
233233 15 protected area.
234234 16 (b) The person liable for taxes on the land shall submit an
235235 17 application to the Department of Natural Resources requesting
236236 18 certification that the land meets one of the criteria
237237 19 established in subsection (a). The application shall be in a
238238 20 form furnished by the Department of Natural Resources. Within
239239 21 30 days of receipt of a complete and correct application for
240240 22 certification, the Department of Natural Resources shall
241241 23 determine whether the land encumbered by a conservation right
242242 24 provides a demonstrated public benefit and shall inform the
243243 25 applicant in writing of the decision.
244244 26 (Source: P.A. 91-357, eff. 7-29-99.)
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255255 1 (35 ILCS 200/10-168)
256256 2 Sec. 10-168. Valuation of registered land or land
257257 3 encumbered by conservation rights; application process.
258258 4 (a) The person liable for taxes on land eligible for
259259 5 assessment under Section 10-166 must file a verified
260260 6 application requesting the registered land or conservation
261261 7 rights valuation with the chief county assessment officer by
262262 8 January 31 of the first year that the valuation is desired. If
263263 9 the application is not filed by January 31, the taxpayer
264264 10 waives the right to claim that valuation for that year. The
265265 11 application shall be in the form prescribed by the Department
266266 12 and shall contain information as may reasonably be required to
267267 13 determine whether the applicant meets the requirements of
268268 14 Section 10-166. If the application shows the applicant is
269269 15 entitled to the valuation, the chief county assessment officer
270270 16 shall approve it and maintain that valuation until notified as
271271 17 provided in Section 10-169. Otherwise, the application shall
272272 18 be rejected. The application shall be accompanied by the
273273 19 certification provided for in Section 10-167, if required.
274274 20 (b) When the application has been filed with and approved
275275 21 by the chief county assessment officer, he or she shall
276276 22 determine the valuation of the land as otherwise permitted by
277277 23 law and as required under Section 10-166, and shall keep a
278278 24 record of that valuation.
279279 25 (Source: P.A. 88-657, eff. 1-1-95.)
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