Full Text of HB4282 100th General Assembly
HB4282enr 100TH GENERAL ASSEMBLY |
| | HB4282 Enrolled | | LRB100 16652 AWJ 31790 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 7-3-6 as follows:
| 6 | | (65 ILCS 5/7-3-6) (from Ch. 24, par. 7-3-6)
| 7 | | 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) is | 11 | | located on the border
of the municipality; (3) if disconnected, | 12 | | will not result in the isolation
of any part of the | 13 | | municipality from the remainder of the
municipality; (4) if | 14 | | disconnected, the growth prospects and plan
and zoning | 15 | | ordinances, if
any, of such municipality will not be | 16 | | unreasonably disrupted; (5) if
disconnected, no substantial | 17 | | disruption will result to existing municipal
service | 18 | | facilities, such as, but not limited to, sewer systems, street
| 19 | | lighting, water mains, garbage collection, and fire | 20 | | protection; (6) if
disconnected, the municipality will not be | 21 | | unduly harmed through loss of tax
revenue in the future ; and | 22 | | (7) does not contain any territory designated as part of a | 23 | | redevelopment project area as that term is defined in |
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| 1 | | subsection (p) of Section 11-74.4-3 of this Code or any | 2 | | territory otherwise subject to tax increment financing by the | 3 | | municipality . Item (7) applies to petitions and actions pending | 4 | | on the effective date of this amendatory Act of the 100th | 5 | | General Assembly as well as petitions and actions commenced on | 6 | | or after that date. The procedure for disconnection shall be as | 7 | | follows:
The owner or owners of record of any such area of land | 8 | | shall file a
petition in the circuit court of the county where | 9 | | the land is situated,
alleging facts in support of the | 10 | | disconnection. The municipality from which
disconnection is | 11 | | sought shall be made a defendant, and it, or any taxpayer
| 12 | | residing in that municipality, may appear and defend against | 13 | | the petition.
If the court finds that the allegations of the | 14 | | petition are true and that
the area of land is entitled to | 15 | | disconnection it shall order the specified
land disconnected | 16 | | from the designated municipality. If the circuit court
finds | 17 | | that the allegations contained in the petition are not true, | 18 | | the
court shall enter an order dismissing the petition.
| 19 | | An area of land, or any part thereof, disconnected under | 20 | | the provisions
of this Section from a municipality which was | 21 | | incorporated at least 2 years
prior to the date of the filing | 22 | | of such petition for disconnection shall
not be subdivided into | 23 | | lots and blocks within one year from the date of such
| 24 | | disconnecting. A plat of any such proposed subdivision shall | 25 | | not be
accepted for recording or registration within such one | 26 | | year period, unless
the land comprising such proposed |
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| 1 | | subdivision shall have been thereafter
incorporated into a | 2 | | municipality.
| 3 | | (Source: P.A. 97-333, eff. 8-12-11.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law. |
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