| ||||
| Public Act 100-1134 | ||||
| ||||
| ||||
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 growth prospects and plan
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, 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; and | ||||
(7) does not contain any territory designated as part of a | ||||
redevelopment project area as that term is defined in | ||||
subsection (p) of Section 11-74.4-3 of this Code or any | ||
territory otherwise subject to tax increment financing by the | ||
municipality. Item (7) applies to petitions and actions pending | ||
on the effective date of this amendatory Act of the 100th | ||
General Assembly as well as petitions and actions commenced on | ||
or after that date. 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.
If the court finds that the allegations of the | ||
petition are true 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 one year from the date of such
| ||
disconnecting. A plat of any such proposed subdivision shall | ||
not be
accepted for recording or registration within such one | ||
year period, unless
the land comprising such proposed | ||
subdivision shall have been thereafter
incorporated into a | ||
municipality.
| ||
(Source: P.A. 97-333, eff. 8-12-11.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||