Ah, well, if it isn’t the consequences of our own actions.

That should be the prevailing sentiment in the General Assembly following Monday’s ruling from U.S. District Judge Matthew Kennelly, but recent history indicates otherwise.

Kennelly’s 50-page opinion (tinyurl.com/KennellyRuling) is the latest development in the larger issue of Illinois property owners seeking retribution for a blatantly unconstitutional system for tax delinquency sales. That’s not opinion, it’s fact: In May 2023, the U.S. Supreme Court ruled unanimously in Tyler v. Hennepin County, a Fifth Amendment decision stemming from Minnesota that functionally held a government can’t foreclose on and sell a property without compensating the original owner for their equity.

But Illinois counties have more or less forged ahead anyway, despite attempts to force the issue. In October 2024, U.S. District Judge Sara Ellis rejected efforts to dismiss a complaint from people in eight counties who alleged the application of Illinois Tax Code rules stripped them of equity in properties they lost through county tax sales. The Cook County lawsuit at the root of Monday’s opinion alleges violation of the Fifth, Eighth and 14th amendments.

In February I discussed House Bill 3146, which would create an auction process wherein a county would set the minimum bid for a property as a combination of taxes owed, along with interest and fees. If no one pays that amount, a tax buyer can get the deed by default. But if a home has value, the sale price would exceed the amount owed, and the original owner would get the difference.

“If the General Assembly doesn’t enact change, it may be forced upon Illinois,” I concluded. “There’s no telling how many property owners have seen equity vanish over the decades, but the time has come to prevent future losses.”

HB 3146 remains idled in the House Rules Committee, but Kennelly’s opinion ought to be a major wakeup call. Not only did he agree Cook County violated the Fifth and Eighth amendments (taking without just compensation and excessive fines, respectively), but he announced “damages will have to be the subject of further proceedings.”

That could mean governments will have to find a way to compensate people for their stolen equity, and it seems unlikely to remain a Chicagoland problem. As noted in September, Cook County Treasurer Maria Pappas has been among those advocating for a new auction approach while groups representing homeowners suggested a state equity fund to supersede county funds – Cook’s is nearly seven years in arrears – but so far, lawmakers have been unmotivated to reach lasting solutions.

Even if government bodies can legally shirk financial obligations, they still will have failed the public they’re created to serve. There’s no excuse for a lack of corrective action.

• Scott T. Holland writes about state government issues for Shaw Local News Network. He can be reached at sholland@shawmedia.com.