94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2912


 
Introduced 1/20/2006, by Sen. Pamela J. Althoff
 
SYNOPSIS AS INTRODUCED:
 		














65 ILCS 5/7-3-6
  from Ch. 24, par. 7-3-6







    Amends the Municipal Code. Provides that the owner of a single tract of land (instead of one or more tracts) may have all, but not less than all, of the territory disconnected from the municipality (now, does not require that the entire area is disconnected), provided that certain conditions are met.
















LRB094 19175 HLH 54711 b

















HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2912

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    AN ACT concerning local government.

 
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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
a single tract of land
one or more tracts, 
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lying within the corporate limits of any municipality
may have 
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all of such territory but not less than all disconnected 
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provided such tract of land
which (1) contains 20 or more

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acres; (2) is located on the border
of the municipality; (3) if 
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disconnected, will not result in the isolation
of any part of 
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the 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 tract
area of land shall file a
petition in 
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the 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 tract
area of land is entitled to disconnection it 
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shall order the specified
land disconnected from the designated 
 


 






SB2912
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municipality. If the circuit court
finds that the allegations 
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contained in the petition are not true, the
court shall enter 
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an order dismissing the petition.

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    A tract
An area of land, or any part thereof, disconnected 
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under the provisions
of this section from a municipality which 
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was incorporated at least 2 years
prior to the date of the 
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filing of such petition for disconnection shall
not be 
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subdivided into lots and blocks within 1 year from the date of 
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such
disconnecting. A plat of any such proposed subdivision 
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shall not be
accepted for recording or registration within such 
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one year period, unless
the land comprising such proposed 
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subdivision shall have been thereafter
incorporated into a 
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municipality.

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(Source: P.A. 83-1362.)