Section 110.105 Non-carrier Real Estate of Railroads

Section 110

Section 110.105  Non-carrier

Real Estate of Railroads

When the railroad returns

required under Section 110.101 of this Part have been filed, the Department

shall transmit to the Chief County Assessment Officers copies of Form Nos.

PTAX-536 and PTAX-537 which list the "non-carrier real estate" as defined

in Section 11-70 of the Property Tax Code [35 ILCS 200/11-70]. If such

assessment officials have reason to believe that the items of property set

forth in these Schedules do not include all "non-carrier real estate"

of the reporting carrier located within their jurisdiction, they shall, within

30 days from the date of transmittal by the Department, object to the

classification adopted by the reporting railroad.  Their objection shall be

filed with the Department and it shall set forth the location and nature of the

property alleged to be classified improperly and the basis for the allegation.

The Department thereupon shall consider the facts presented and, if necessary,

request additional information from the Chief County Assessment Officer or the

railroad or both.  Within 60 days after receiving the objection, the Department

shall determine whether the property is "non-carrier real estate" or

"operating property" and notify the local assessment officers and the

reporting carrier of its decision.  An application for hearing shall be made in

the time and manner provided by Section 8-35 of the Property Tax Code [35 ILCS

200/8-35].  Non-carrier real estate which includes improvements owned by

lessees shall be listed in the railroad books as property of the railroad.