SB2578 95TH GENERAL ASSEMBLY

LRB095 19874 HLH 46273 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2578

Introduced 2/15/2008, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

65 ILCS 5/7-3-6

from Ch. 24, par. 7-3-6

Amends the Illinois Municipal Code. Adds a public notice requirement for certain disconnection proceedings. Provides that territory that has been disconnected may not be subdivided into lots and blocks within 3 years (now, one year) after the date of disconnection.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by changing Section 7-3-6 as follows:

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

Sec. 7-3-6. The owner or owners of record of any area of land consisting of one or more tracts, lying within the corporate limits of any municipality may have such territory disconnected which (1) contains 20 or more acres; (2) is located on the border of the municipality; (3) if disconnected, will not result in the isolation of any part of the municipality from the remainder of the municipality, (4) if disconnected, the future growth prospects, comprehensive and plan, public health and zoning ordinances, if any, of such municipality will not be unreasonably disrupted, (5) if disconnected, no substantial disruption will result to existing municipal service facilities, such as, but not limited to, sewer systems, protection of ground water resources, street lighting, water mains, garbage collection and fire protection, (6) if disconnected the municipality will not be unduly harmed through loss of tax revenue in the future. The procedure for disconnection shall be as follows: The owner or owners of record of any such area of land shall file a petition in the circuit court of the county where the land is situated, alleging facts in support of the disconnection. The municipality from which disconnection is sought shall be made a defendant, and it, or any taxpayer residing in that municipality, may appear and defend against the petition. Public notice shall be given of the filing of the petition to disconnect in a newspaper of general circulation in the municipality, within 20 days after the petition is filed with the circuit court. The notice shall inform all taxpayers of their right to appear and defend against the petition and shall identify the territory to be disconnected, the court in which the petition shall be heard, and the name and docket number of the petition. In evaluating standards (1) through (6) in this Section, the court shall consider evidence of (i) development that would occur in the remaining part of the municipality but for disconnection, (ii) the future development of the site, (iii) the future development of the municipality, (iv) the effect on tax revenue in the future, and (v) the best interests of the community. Evidence of the best interests of the community shall include and not be limited to evidence of development plans, the result of any public hearing which the municipality may, but is not obligated to, conduct on disconnection of subject property, the trend of development, effect upon ground water, compliance with municipal and regional comprehensive plans, and compliance with other statutes and intergovernmental agreements. If the court finds that the allegations of the petition are true, that the disconnection is in the best interest of the community, and that the area of land is entitled to disconnection it shall order the specified land disconnected from the designated municipality. If the circuit court finds that the allegations contained in the petition are not true, the court shall enter an order dismissing the petition.

An area of land, or any part thereof, disconnected under the provisions of this section from a municipality which was incorporated at least 2 years prior to the date of the filing of such petition for disconnection shall not be subdivided into lots and blocks within 3 years after 1 year from the date of such disconnecting. A plat of any such proposed subdivision shall not be accepted for recording or registration within such 3-year one year period, unless the land comprising such proposed subdivision shall have been thereafter incorporated into a municipality.

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