(70 ILCS 3405/22) (from Ch. 42, par. 469)
Sec. 22.
Whenever any property within a surface water protection district
does not have the territorial qualifications described in Section 2 of this
Act, is not benefited by such surface water protection district or would
receive greater benefit of service from another such district, any legal
voter within such district or the owner of such property may detach and
disconnect such property from the surface water protection district at any
time before the district has incurred any bonded indebtedness in the
following manner:
The owner of such property within such surface water protection district
or any legal voter within such district may file his petition, in the
circuit court for the county in which such district was organized, setting
forth therein the description of the property sought to be detached and
disconnected, a statement that the detachment and disconnection will not
cause the territory remaining in the district to be noncontiguous and
alleging facts in support of such detachment and disconnection and praying
that such property be detached and disconnected from such surface water
protection district. The petition shall be signed and sworn to by the
petitioner. Upon the filing of the petition, the court shall set the same
for hearing on a day not less than 2 weeks nor more than 4 weeks from the
filing thereof and shall give 2 weeks notice of such hearing in the manner
provided in Section 3 of this Act, and by mailing a copy of such notice
to the president and to the secretary of the board of trustees of the
district from which the detachment is sought. All property owners in such
district and all persons interested therein may file objections, and at the
hearing may appear and contest the detachment and disconnection of the
property from the surface water protection district, and both objectors and
petitioners may offer any competent evidence in regard thereto. If the
court upon hearing the petition shall find that the petition complies with
the provisions of this Act and that the allegations of the petition are
true or that the property of the petitioner is not benefited by the surface
water protection district or that such property would receive greater
benefit from another such district, the court shall enter an order detaching
and disconnecting such property from the district, and
thereupon the property shall cease to be a part of the surface water
protection district. The circuit clerk shall transmit a certified copy of
the order to the circuit clerk of any other county in which any of the
territory affected is situated.
(Source: P.A. 79-1365.)
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