Fisk Kart Katz and Regan, Ltd. Newsletter
Property Tax Update - Spring 2007
The North and Northwest Sections of Cook County To Be Reassessed in 2007
All properties in Cook County are reassessed
every three years for real estate tax
purposes. As part of this Triennial
Revaluation Process, taxpayers who own or
operate properties in the County’s North and
Northwest Townships will be receiving Real
Estate Assessment Notices beginning in the
month of March.
Following is a list of the Townships affected
by the 2007 Revaluation, and the approximate
dates the 2007 Assessment Notices will be mailed:
Norwood Park -------
03/08/2007
Evanston
------------- 03/30/2007
Elk Grove
------------ 04/11/2007
Maine ----------------
05/04/2007
New Trier
------------ 06/04/2007
Niles
----------------- 06/29/2007
Palatine
-------------- 07/26/2007
Northfield
----------- 08/27/2007
Wheeling
------------ 09/21/2007
Barrington
----------- 10/13/2007
Schaumburg
-------- 11/06/2007
Leyden
--------------- 11/30/2007
Hanover
------------- 12/21/2007
It is important to note that it is the
assessment that must be appealed to keep our
real estate taxes in check. The new
assessments will be the principal factor in
increased tax bills. The 2007 tax bills
become due in 2008, and that is much too late
to initiate a Protest. In almost all cases
there is no procedure available to
meaningfully reduce the taxes at the time the
tax bill is received. In Cook County, a
taxpayer has 30 days from the time the
assessment notices are mailed, to file an
Appeal with the Cook County Assessor’s
Office. Evidence to support the appeal must
be submitted to the Assessor's Office within
approximately fourteen (14) days of the
initiation of any complaint (with the exact
due dates being established by and available
from the Cook County Assessor's Office).
Under new rules established by the Assessor's
Office, supporting evidence must be submitted
by the initial document deadline date or it
will not be considered by the Assessor's Office.
The Assessment Notice should not be ignored
because it is not a tax bill. The 2007
assessment should be compared with the 2006
assessment, which will also appear on the
2007 Notice. If there is a sizeable increase
in the 2007 assessment, an increase in the
2007 tax bill is a certainty. Thus, it is
absolutely essential that you contact us
immediately upon your receipt of the
Re-assessment Notice(s) so that your new
assessment can be analyzed, and any required
appraisal reports or other supporting
evidence be ordered, put together and
submitted to the Cook County Assessor's
Office in a timely fashion.
If you have any questions about the reassessment
process in general or about a specific property,
call our office at 312-726-1833 and one of our
attorneys will be happy to answer your questions.
FKKR Attorney Seitz - Preserving Church Exemptions
Each year dozens of petitions for tax deed
are filed in the Circuit Court of Cook County
involving property listed on the tax rolls
that should have been exempt from taxation.
A tax buyer can purchase those taxes, and
proceed through the steps in the court system
to a tax deed. At the request of the Cook
County Treasurer, FKK&R served as counsel for
one church in this situation, New Holy Temple
Missionary Baptist Church in Chicago.
The pastors of many churches mistakenly
believe that their church property is
automatically exempt from property taxes.
However, if the church does not go through
the necessary steps to be declared exempt,
the church’s property is listed on the Cook
County assessment rolls as taxable property.
Tax deeds transferring ownership from
churches is a significant problem that the
local church leaders and Cook County public
officials have been focusing upon in recent
years. Many of these churches are located
in areas that have began to gentrify, where
real estate has started to become more
valuable and these churches are working with
the City of Chicago to redevelop vacant lots
into affordable housing. The church cannot
re-develop this land if it no longer has the
deed to the property.
FKK&R filed a petition to vacate a circuit
court order directing the issuance of a tax
deed. After an adverse finding in the
circuit court, FKK&R won a reversal in the
appellate court. This case is significant
because it is the first reported case commenting
on what must be proven to demonstrate that a
property used by a religious organization was
“exempt from taxation” to vacate a tax deed
under the Property Tax Code. Other churches
in similar circumstances will benefit from
this decision.
APTC October 2007 Seminar
October 12-13, 2007
APTC’s annual seminar will take place in
La Jolla, CA on October 12th and 13th, 2007.
Capital continues to flood the commercial and
industrial real estate sectors at
unprecedented levels, to the point that basic
assumptions and traditional valuation
concepts have lost much of their meaning.
The availability of capital has become the
major driver of value (purchase price). In a
seller’s market, properties are no longer
sold for real estate reasons. Risk is no
longer a factor to be considered in net
operating income projections. Underwriting
has become so aggressive that its main task
is to inflate cash flows. Holding periods
have become shorter and real estate
fundamentals are not nearly as decisive as
they were in determining value.
Those changes, and the issues they raise,
have become the basis for the American
Property Tax Counsel’s Seminar, which will be
held at Torrey Pines just outside of San
Diego on October 12 & 13, 2007.
At the Seminar, we will propose certain
valuation modifications and certain
strategies that take into account the changes
created by capital flows. In addition, there
will be a session in which we will review
commercial and industrial Cap Rates as an
adjunct toward discussion of the changes in
commercial and industrial real estate
stemming from current capital flows.
Finally, there will be a Panel Discussion in
which tax managers for regional mall owners
and tax managers for anchor department stores
consider a valuation methodology that
accommodates their synergistic assets.
If you are interested in attending the
seminar or
in receiving materials that were prepared for and
presented at the seminar, please contact Linda
at linda.talbot@aptcnet.com.
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