Abandonment Statute Does Not Require Proof of Delivery or Receipt of Notice
An Illinois Appellate Court recently interpreted the abandonment procedures of the Illinois Municipal Code (Code), holding that a municipality does not have to prove actual delivery or receipt of notice to all parties with a record interest in order to obtain a judicial deed under section 11-31-1 of the Code. Village of Downers Grove v. Beckham.
A municipality filed a petition with the court under section 11-31-1 of the Code to request that the court declare a property abandoned and issue a judicial deed to the property as well as an order of demolition. The municipality argued that the property was in disrepair and unfit for occupancy, as well as dangerous and unsafe. The petition indicated that notices were sent by mail to all named defendants advising them of the court action. The owner of record executed a waiver of rights to challenge the petition. However, another defendant (Lakeview) with a security interest in the property objected to the petition based on notice deficiencies. After the municipality amended its petition and served notice by certified mail, Lakeview again objected to the petition on notice grounds. The circuit court ultimately granted the municipality's petition and issued a judicial deed for the property.
Lakeview appealed, arguing that the circuit court erred in issuing the judicial deed because the municipality failed to establish that notice was actually delivered to or received by all interested parties. The municipality argued that the statute does not require proof of delivery, and the Appellate Court agreed, holding that section 11-31-1(d) of the Code does not condition the notice's effectiveness on actual delivery or receipt. Instead, the Code only requires the municipality to send the notice in the required manner - i.e., by certified or registered mail. As a result, the Appellate Court upheld the circuit court's issuance of the judicial deed.
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