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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2138
Introduced 1/6/2004, by William E. Peterson SYNOPSIS AS INTRODUCED:
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65 ILCS 5/7-3-6 |
from Ch. 24, par. 7-3-6 |
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Amends the Illinois Municipal Code. Provides that an area of land, or any
part thereof, disconnected by petition of the owner from a
municipality, which has incorporated at least 2 years prior to the date of the
filing of the petition for disconnection, shall not be subdivided into lots and
blocks within 5 years from the date of the disconnection (now 1 year).
Effective immediately. |
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A BILL FOR
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SB2138 |
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LRB093 14797 RAS 40355 b |
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| AN ACT concerning municipalities.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by |
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| changing Section 7-3-6
as follows:
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| (65 ILCS 5/7-3-6) (from Ch. 24, par. 7-3-6)
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| Sec. 7-3-6. The owner or owners of record of any area of |
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| land consisting of
one or more tracts, lying within the |
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| corporate limits of any municipality
may have such territory |
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| disconnected which (1) contains 20 or more
acres; (2) is |
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| located on the border
of the municipality; (3) if disconnected, |
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| will not result in the isolation
of any part of the |
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| municipality from the remainder of the
municipality, (4) if |
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| disconnected, the growth prospects and plan
and zoning |
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| ordinances, if
any, of such municipality will not be |
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| unreasonably disrupted, (5) if
disconnected, no substantial |
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| disruption will result to existing municipal
service |
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| facilities, such as, but not limited to, sewer systems, street
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| lighting, water mains, garbage collection and fire protection, |
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| (6) if
disconnected the municipality will not be unduly harmed |
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| through loss of tax
revenue in the future. The procedure for |
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| disconnection shall be as follows:
The owner or owners of |
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| record of any such area of land shall file a
petition in the |
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| circuit court of the county where the land is situated,
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| alleging facts in support of the disconnection. The |
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| municipality from which
disconnection is sought shall be made a |
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| defendant, and it, or any taxpayer
residing in that |
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| municipality, may appear and defend against the petition.
If |
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| the court finds that the allegations of the petition are true |
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| and that
the area of land is entitled to disconnection it shall |
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| order the specified
land disconnected from the designated |
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| municipality. If the circuit court
finds that the allegations |