Hynes v. Department of Revenue

646 N.E.2d 1218, 207 Ill. Dec. 131, 269 Ill. App. 3d 697
CourtAppellate Court of Illinois
DecidedJanuary 31, 1995
Docket1-92-3514
StatusPublished
Cited by10 cases

This text of 646 N.E.2d 1218 (Hynes v. Department of Revenue) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hynes v. Department of Revenue, 646 N.E.2d 1218, 207 Ill. Dec. 131, 269 Ill. App. 3d 697 (Ill. Ct. App. 1995).

Opinion

PRESIDING JUSTICE SCARIANO

delivered the opinion of the court:

The action before us, which is actually the consolidation of 15 separate appeals, stems from an initiative of the Cook County assessor (Assessor) in 1987, when he formed a "Railroad Task Force” and charged it with the responsibility of ensuring that all properties owned by railroads and situated in Cook County which were required to be assessed by his office were in fact being so assessed. The impetus for the formation of the task force can be ascribed to the complex statutory and regulatory scheme for the assessment and taxation of realty owned or controlled by railroads contained in what were then sections 79 through 90 of the Revenue Act of 1939, which were repealed and reenacted as sections 11 — 70 through 11 — 125 of the Property Tax Code (Ill. Rev. Stat. 1987, ch. 120, pars. 560 through 571 (now 35 ILCS 200/11 — 70 through 11 — 125 (West Supp. 1993))) (the Act), and sections of title 86 of the Illinois Administrative Code (86 Ill. Adm. Code §§ 110.105, 110.145 (1988)).

Under the Act, any realty which qualifies as "operating property” is to be assessed by the Illinois Department of Revenue, which in turn distributes the equalized assessed value of the taxable property of every railroad to the respective taxing districts entitled to it "in the proportion that the length of all the track owned or used in such taxing district bears to the whole length of all the track owned or used” in Illinois, except for buildings having an original cost exceeding $1,000. Ill. Rev. Stat. 1987, ch. 120, pars. 560(2), 567 (now 35 ILCS 200/11 — 70(b), 11 — 110 (West Supp. 1993)).

The Act distinguishes between operating property and "non-carrier real estate,” which is simply realty owned by a railroad but which is not used for the purpose of operating a train, nor held by it for such a use in the future; noncarrier realty, in contradistinction to operating property, is to he locally assessed. (Ill. Rev. Stat. 1987, ch. 120, pars. 560(2), (4) (now 35 ILCS 200/11 — 70(b), (d) (West Supp. 1993)).) The Act obligates the railroad to provide to the Department each year a schedule of all realty it holds for right-of-way, either owned or leased. (Ill. Rev. Stat. 1987, ch. 120, par. 562 (now 35 ILCS 200/11 — 85 (West Supp. 1993)).) The railroad must also provide the Department with a list of noncarrier real estate it owns, and this information is required to be forwarded by the Department to the assessing official in the county where the realty is situated in order that the noncarrier realty may be assessed "in the same manner as other similar property belonging to individuals.” Ill. Rev. Stat. 1987, ch. 120, par. 564 (now, as amended, 35 ILCS 200/11 — 95 (West Supp. 1993)).

In order to facilitate the goals of the Act, it authorizes the Department to promulgate rules and regulations, which are to have the same force and effect as the statute so long as they are not inconsistent with it. (Ill. Rev. Stat. 1987, ch. 120, par. 571 (now 35 ILCS 200/ 11 — 125 (West Supp. 1993)).) Pursuant to this authority, the Department adopted the regulations contained in sections 110.105 and 110.145 of title 86 of the Illinois Administrative Code. (86 Ill. Adm. Code §§ 110.105, 110.145 (1985).) Section 110.105 provides that after the railroad submits its annual schedule of noncarrier property to the Department, that agency will transmit copies of the forms to the clerk of the county in which the property is situated. The regulation then directs the clerk to send the forms to his or her county’s assessing official. 1

That officer is granted 30 days from the date of transmittal by the Department to give her or him the opportunity to ascertain whether the list contains all railroad-owned realty in the county which qualifies as "non-carrier real estate,” and if it does not, to register his or her objections with the Department regarding the mischaracterization of the disputed properties. Section 110.145 sets forth the procedure by which the Department is to determine whether the railroad has properly identified its real estate either as State-assessed operating property or locally assessed noncarrier realty.

The creation of the task force marked a change in the policy of the Assessor’s office, as before 1987, it had never challenged any railroad’s characterization of its realty. For the 1987 tax year and thereafter, however, the task force intended to ensure that all of the realty situated in Cook County, and which the railroads described as operating property in their schedules submitted to the Department, was properly categorized.

As required by its regulations, the Department transmitted to the Cook County clerk the railroad-submitted schedules for the 1987 tax year, sending them in two separate batches. The first group was sent on August 7, 1987, under cover of a memorandum misdated August 7, 1986. The second, although presumably sent later, was accompanied by the same misdated letter. The clerk’s time-date stamp showed that the first batch was received by that office on August 10, 1987, and the second installment arrived on September 15, 1987. 2

Faced with the challenge of investigating some 800 parcels of realty, the task force soon concluded that it would not be able to seek verification of the character of all of the property involved and still meet the 30-day deadline for the filing of objections imposed by section 110.105 of the Department regulations. (86 Ill. Adm. Code §§ 110.105, 110.145 (1985).) To head off any potential problems, officials from the Assessor’s office met with Paul Wiley, who was then the deputy director of the Department’s Property Tax Administration Bureau, and secured from him assurances that the Department would excuse a late filing of objections by the Assessor. Wiley also advised the Assessor that he could begin assessing locally any parcels to which he objected, subject to later correction, if need be, depending upon the outcome of the Department’s hearing on the objections.

On September 10, 1987, 34 days after the schedules were sent to him by the Department, thé Assessor filed 409 objections to the railroads’ classification of realty situated in Cook County. In the meantime, while awaiting a decision on the objections by the Department, the Assessor proceedéd as advised by Wiley and began to assess the disputed property as though it were noncarrier realty. The Assessor mailed to the railroads in November 1987 his notices of proposed assessment on the parcels which they had listed in their submitted schedules as "operating property,” but to which characterization he objected.

That same month, the Department certified the railroads’ property schedules to the local taxing bodies and distributed to them the equalized assessed value of the property in accordance with the pertinent provisions of the Property Tax Code. (Ill. Rev. Stat. 1987, ch. 120, pars. 560 through 571 (now 35 ILCS 200/11

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Bluebook (online)
646 N.E.2d 1218, 207 Ill. Dec. 131, 269 Ill. App. 3d 697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hynes-v-department-of-revenue-illappct-1995.