Full Text of HB3433 95th General Assembly
HB3433 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3433
Introduced 2/27/2007, by Rep. Jack D. Franks 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 Municipal Code. Provides that territory may not be disconnected from the municipality unless at least 25% of the boundary of the territory is located on the border of the municipality (now, territory may not be disconnected unless the territory is located on the border of the municipality). Provides that territory may not be disconnected if zoning and public health ordinances (instead of zoning ordinances only) will be unreasonably disrupted. Requires public notice of a petition to disconnect. Provides that taxpayers may appear and defend against the petition. Provides that the petition shall be denied if the court finds that the future development of the property may be inconsistent with the municipality's comprehensive land use plan or inconsistent with the trend of development. Provides that land that has been disconnected shall not be subdivided into lots and blocks within 5 years (instead of 1 year) from the date of disconnection. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB3433 |
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LRB095 08571 HLH 28754 b |
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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 | 5 |
| 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 | 8 |
| land consisting of
one or more tracts, lying within the | 9 |
| corporate limits of any municipality
may have such territory | 10 |
| disconnected which (1) contains 20 or more
acres; (2) at least | 11 |
| 25% of the boundary of the territory to be disconnected is | 12 |
| located on the border
of the municipality; (3) if disconnected, | 13 |
| will not result in the isolation
of any part of the | 14 |
| municipality from the remainder of the
municipality, (4) if | 15 |
| disconnected, the growth prospects and comprehensive plan
and | 16 |
| zoning and public health ordinances, if
any, of such | 17 |
| municipality will not be unreasonably disrupted, (5) if
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| disconnected, no substantial disruption will result to | 19 |
| existing municipal
services, and any such services as the | 20 |
| municipality shall provide
service facilities , such as, but not | 21 |
| limited to, sewer systems, street
lighting, water mains, | 22 |
| garbage collection and fire protection, (6) if
disconnected the | 23 |
| municipality will not be unduly harmed through loss of tax
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HB3433 |
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LRB095 08571 HLH 28754 b |
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| revenue in the future. The procedure for disconnection shall be | 2 |
| as follows:
The owner or owners of record of any such area of | 3 |
| land shall file a
petition in the circuit court of the county | 4 |
| where the land is situated,
alleging facts in support of the | 5 |
| disconnection. The municipality from which
disconnection is | 6 |
| sought shall be made a defendant, and it, or any taxpayer
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| residing in that municipality, may appear and defend against | 8 |
| the petition.
Public notice shall be given of the filing of the | 9 |
| petition to disconnect in a newspaper of general circulation in | 10 |
| the municipality, within 20 days of filing the petition with | 11 |
| the circuit court. The notice shall inform all taxpayers of | 12 |
| their right to appear and defend against the petition, and | 13 |
| shall identify the territory to be disconnected, the court in | 14 |
| which the petition shall be heard, and the name and docket | 15 |
| number of the petition. The municipality and any taxpayer who | 16 |
| shall appear may assert as defenses against disconnection of | 17 |
| the territory, the adverse impact future development of the | 18 |
| territory may have on the municipality, the inconsistency of | 19 |
| the future development of the territory, once disconnected, | 20 |
| with the comprehensive plan and inconsistency with the trend of | 21 |
| development in the municipality. If the court finds that the | 22 |
| future development of the property may be inconsistent with the | 23 |
| municipality's comprehensive land use plan, or inconsistent | 24 |
| with the trend of development, the court shall deny the | 25 |
| petition for disconnection. If the court finds that the | 26 |
| allegations of the petition are true and that
the area of land |
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HB3433 |
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LRB095 08571 HLH 28754 b |
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| is entitled to disconnection it shall order the specified
land | 2 |
| disconnected from the designated municipality , only the court | 3 |
| finds that the future development of the territory to be | 4 |
| disconnected is not inconsistent with the municipal land use | 5 |
| plan or the trend of development . If the circuit court
finds | 6 |
| that the allegations contained in the petition are not true, | 7 |
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court shall enter an order dismissing the petition.
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| An area of land, or any part thereof, disconnected under | 9 |
| the provisions
of this section from a municipality which was | 10 |
| incorporated at least 2 years
prior to the date of the filing | 11 |
| of such petition for disconnection shall
not be subdivided into | 12 |
| lots and blocks within 5 years
1 year from the date of such
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| disconnecting. A plat of any such proposed subdivision shall | 14 |
| not be
accepted for recording or registration within such one | 15 |
| year period, unless
the land comprising such proposed | 16 |
| subdivision shall have been thereafter
incorporated into a | 17 |
| municipality.
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| (Source: P.A. 83-1362.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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