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County attorneys flag constitutional risk in Illinois tax‑sale practice after Tyler v. Hennepin and recent litigation
Summary
Kane County attorneys briefed the committee on property tax-sale procedures and ongoing litigation prompted by Tyler v. Hennepin County; staff warned the current tax-sale and third‑party buyer process has led to federal and Cook County challenges and asked the committee to monitor proposed statutory reforms and consider targeted relief.
County attorneys and staff told the Legislative Committee that ongoing litigation and a U.S. Supreme Court decision are prompting a statewide re-examination of the tax-sale and tax-deed process.
"After the tax sale, the private tax buyers get a certificate that allows them to pursue collection directly from property owners for the next two and a half years," said Ms. Brady, a county attorney who briefed the committee on legal mechanics and risks. She described the sequence: a court judgment, a tax-sale auction, issuance of certificates to private buyers, a statutory redemption period, and then the possibility for a buyer to sue for a tax deed if the property owner does not redeem.
Ms. Brady noted the U.S. Supreme Court's Tyler v. Hennepin County decision and subsequent federal class actions alleging unconstitutional takings in some tax-sale systems and said federal and Cook County litigation is ongoing. The county is defending similar cases and staff recommended monitoring legislative proposals for wholesale reform or a county-specific moratorium similar to Cook County's earlier relief.
"This is complicated and raises a number of questions about how the property tax code operates in Illinois," Ms. Brady said. She urged the committee to continue working with legal partners and the United Counties Council of Illinois to craft solutions if needed.
The committee directed staff to remain involved in statewide conversations and to provide updates as potential statutory fixes or special exemptions for large counties are developed.
