(35 ILCS 200/21-430)
Sec. 21-430. Partial settlement. In the event an owner or party interested
requests to make settlement on a part of the property sold to a municipality,
withdrawn from collection or forfeited to the county for the non-payment of
special assessments, the municipal officer is hereby authorized to accept the
pro rata amount of any or all installments of the special assessment. That
amount shall be computed by the board of local improvements, or other board or
officer levying the special assessment, together with interest, costs and
penalties as provided by law.
A petition containing the computation shall then be presented by the
municipality to the court wherein the original assessment was confirmed.
The petition shall bear the same number and title as the original
proceeding. At least 10 days before the date set for the
hearing of the petition, notices shall be sent by mail, postpaid, to each
of the persons who last paid the general taxes on the property
originally assessed. The notices shall contain the description of the
property as originally assessed, as it is to be divided, and the division
of the original assessment, or installments thereof, together with
interest, costs and penalties, showing the amount to be charged against
each part of the property of land so divided, the date when the
petition is to be heard, and the date when objections thereto may be filed.
An affidavit by one of the members of the board of local improvements, or
other board or officer computing the division, attesting to the mailing is
prima facie evidence of a compliance with this Section. The court shall proceed
to determine a fair and equitable division of the assessment, or any
installment thereof, together with all interest, penalties and costs. The
court shall order the cancellation of the certificate of sale, withdrawal or
forfeiture on any part of the property if settlement is made within 10 days
from the date of the court's order.
The county clerk may note on the certificate the partial cancellation and
shall issue a certificate of cancellation on that part of the property and
return the certificate to the municipality. Where a certificate of forfeiture
or withdrawal has not been issued, the county clerk may accept the Receipt of
Deposit for Redemption, issued by the municipal officer, as provided by law,
and the clerk shall issue a certificate of cancellation on that part of the
property. He or she shall make proper entry on his or her records showing the
part of the property on which settlement has been made and the amount due on
the balance.
(Source: P.A. 103-555, eff. 1-1-24.)
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