Call to Action-
Please OPPOSE House Bill 760 and House Bill 1109
Please contact your legislators and ask them to oppose HB 760 and HB 1109.
Message Subject: Please OPPOSE HB 760 and HB 1109
Dear [Decision Maker],
This week, the Illinois House of Representative will consider two pieces of legislation designed to address the issue of vacant and abandoned property. As a member of the Illinois Association of REALTORS®, I realize the impact of these properties on communities. However, I strongly believe that both HB 760 (Yarbrough) and HB 1109 (Yarbrough) would have far-reaching negative consequences.
Therefore, I respectfully ask that you vote "NO" on both HB 760 and HB 1109.
HOUSE BILL 760 LAND BANKING - OPPOSE
Allows any municipality to set up a "Land Bank Authority" (LBA) basically a separate municipal real estate corporation to acquire, buy, sell, rent, hold, manage, and develop any real estate within its jurisdiction. This concept is proposed as a tool for dealing with the glut of abandoned property brought about by the foreclosure situation.
LBAs would function much like a private real estate acquisition and development corporation. They could acquire, demolish, hold, sell, lease, manage, and develop any full or partial interest in any type of real estate. And LBAs would have special powers that private developers don't have, such as priority bids at tax sales, and the power to extinguish outstanding property taxes its acquisitions (with the consent of the affected taxing districts).
We don't think that putting municipalities in the real estate acquisition and development business is the way to address the foreclosure crisis. We don't think it is a proper role for government, and not one that local governments will be especially good at.
Finally, it is simply not necessary to create another bureaucracy with LBAs given the vast powers Illinois laws (PLEASE see 65 ILCS 5/11-31-1 and 65 ILCS 11-20-15.1) already give municipalites to clean up and redevelop unmaintained and abandoned property
HOUSE BILL 1109 VACANT PROPERTY - OPPOSE
Adds a new section to the Municipal Code to provide all municipalities a sweeping grant of authority to enact and enforce rules, regulations, and unlimited fees on property deemed "vacant". Contains none of the private property protections of notice, due process, and hearing procedures currently contained in the above-mentioned statutes.
This is a complete abdication of state oversight of municipal powers in this important area. Each municipality will be able to make up whatever rules, regulations, and fees they wish, with no uniformity across the state, and no guaranteed protections for property owners.
Additionally, HB 1109 would empower municipalities to make certain previous owners, lenders, beneficiaries, trustees, assignees, and their agents comply with the rules and regulations, even though they don't own the property. AND the bill provides such lenders and others, and their agents, complete immunity from liability for negligent acts and civil and criminal trespass while entering private property to enforce actual and potential violations of whatever may be in these local municipal regulations!
Requiring lenders and other beneficiaries to send their agents onto private property they do not own, without permission of the owner, without actual notice, to enforce as yet unknown municipal rules, and granting complete immunity in the process, is a very serious encroachment on property rights that is simply not warranted..
These two House Bills, while I am sure they are well-intended, would have vast unintended consequences that would DRAMATICALLY affect private property rights and the Real Estate industry as a whole.
For that reason, I respectfully ask that you vote "NO" on HB 760 and HB 1109.
Sincerely,
James Haisler
405 E. Congress Parkway
Crystal Lake IL 60014-6229
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