97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3009

 

Introduced 2/23/2011, by Rep. Robert W. Pritchard

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/28-5
50 ILCS 460/80 new

    Amends the Property Tax Code and the Special Assessment Supplemental Bond and Procedures Act. Sets forth an alternative procedure to apportion the assessment and the installments of a divided parcel. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Section 28-5 as follows:
 
6    (35 ILCS 200/28-5)
7    Sec. 28-5. Apportionment upon subdivision.
8    (a) If a special assessment that is payable in installments
9has been made by any corporate authority, for supplying water,
10or other corporate purpose, and if all or some of the owner or
11owners of any parcel of land so assessed desire to subdivide
12the parcel, and to apportion the assessment and the several
13installments so that each parcel of the proposed subdivision
14will bear its just and equitable proportion, it may be done as
15provided in this Article.
16    (b) In lieu of using this Article, the apportionment of the
17assessment and the several installments may be done as provided
18under Section 80 of the Special Assessment Supplemental Bond
19and Procedures Act.
20(Source: P.A. 83-345; 88-455.)
 
21    Section 10. The Special Assessment Supplemental Bond and
22Procedures Act is amended by adding Section 80 as follows:
 

 

 

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1    (50 ILCS 460/80 new)
2    Sec. 80. Apportionment upon division.
3    (a) If a special assessment that is payable in installments
4has been made by any corporate authority, and if all of the
5owners of the original assessed parcel of land desire to divide
6the parcel, and to apportion the assessment and the several
7installments so that each of the divided portions of the
8original assessed parcel will bear its just and equitable
9proportion of the assessment against the original assessed
10parcel, it may be done as provided in this Section.
11    (b) The owner or owners of record of the original assessed
12parcel to be further apportioned must present to the board of
13local improvements a petition to divide. The petition must
14include the signatures of all the owners of record of the
15original assessed parcel or their respective agents. Upon
16receipt of a petition to divide, the board of local
17improvements shall review the apportionment to determine
18whether it appears to be just and equitable.
19    (c) If the board of local improvements approves the
20proposed apportionment of the original assessed parcel, the
21board's president and secretary shall sign the petition to
22divide and shall file the petition with the court in which the
23original special assessment proceeding was heard.
24    (d) Upon the filing of the petition to divide with the
25court, unless the court finds the proposed apportionment to be

 

 

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1unjust or inequitable, the court shall enter an order
2apportioning the original assessment. A certified copy of the
3order shall be recorded with the recorder of deeds of the
4county in which the original assessment roll and report was
5recorded.
6    (e) A petition to divide the assessment against an original
7assessed parcel may be processed, and an order approving the
8apportionment may be entered by the court, as referenced above,
9even if the order confirming the certificate of final cost and
10completion has already been entered by the court.
11    (f) Once an assessment has been apportioned as provided for
12in this Section, the apportioned assessment may be further
13apportioned, by following the procedures set forth herein.
14    (g) This Section applies only to the apportionment of a
15special assessment after the effective date of this amendatory
16Act of the 97th General Assembly, and nothing in this Section
17affects the validity of any court order entered before that
18effective date to apportion any special assessment.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.