Lawmakers vote to phase out county tax-lien sales

June 1, 2026 - 01:18

Three years after the U.S. Supreme Court ruled that the way counties in 14 states handle unpaid property taxes violates the Constitution, Illinois has become the last state to pass legislation addressing the issue. The state's lawmakers voted this week to phase out the practice of selling tax liens on delinquent properties, a move that brings Illinois into compliance with federal law.

The Supreme Court's 2023 decision in Tyler v. Hennepin County found that when local governments keep the full value of a property sold for unpaid taxes, rather than returning the surplus to the owner, it amounts to an unconstitutional taking. Illinois was one of the states singled out for its system, which allowed counties to auction off tax liens and eventually seize homes for far less than they were worth.

Under the new legislation, counties will gradually transition away from lien sales over the next several years. Instead, they will adopt a process that prioritizes repayment plans and allows homeowners more time to settle debts before any property is sold. Supporters say the change protects low-income and elderly residents who often lose their homes over relatively small tax bills.

Opponents argued the current system helped counties recover revenue quickly and warned the new approach could slow down collections. But advocates for reform pointed to cases where families lost decades of equity over a few hundred dollars in back taxes. The bill now heads to the governor, who is expected to sign it into law.