State of Illinois
2017 and 2018


Introduced , by Rep. Kelly M. Burke


65 ILCS 5/7-3-6  from Ch. 24, par. 7-3-6

    Amends the Illinois Municipal Code. Provides that the owner of record of territory may have the territory disconnected from the corporate limits of a municipality if it does not contain any territory designated as part of a redevelopment project area or any territory otherwise subject to tax increment financing by the municipality. Effective immediately.

LRB100 16652 AWJ 31790 b





HB4282LRB100 16652 AWJ 31790 b

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 Illinois Municipal Code is amended by
5changing 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
8land consisting of one or more tracts, lying within the
9corporate limits of any municipality may have such territory
10disconnected which (1) contains 20 or more acres; (2) is
11located on the border of the municipality; (3) if disconnected,
12will not result in the isolation of any part of the
13municipality from the remainder of the municipality; (4) if
14disconnected, the growth prospects and plan and zoning
15ordinances, if any, of such municipality will not be
16unreasonably disrupted; (5) if disconnected, no substantial
17disruption will result to existing municipal service
18facilities, such as, but not limited to, sewer systems, street
19lighting, water mains, garbage collection, and fire
20protection; (6) if disconnected, the municipality will not be
21unduly harmed through loss of tax revenue in the future; and
22(7) does not contain any territory designated as part of a
23redevelopment project area as that term is defined in



HB4282- 2 -LRB100 16652 AWJ 31790 b

1subsection (p) of Section 11-74.4-3 of this Code or any
2territory otherwise subject to tax increment financing by the
3municipality. The procedure for disconnection shall be as
4follows: The owner or owners of record of any such area of land
5shall file a petition in the circuit court of the county where
6the land is situated, alleging facts in support of the
7disconnection. The municipality from which disconnection is
8sought shall be made a defendant, and it, or any taxpayer
9residing in that municipality, may appear and defend against
10the petition. If the court finds that the allegations of the
11petition are true and that the area of land is entitled to
12disconnection it shall order the specified land disconnected
13from the designated municipality. If the circuit court finds
14that the allegations contained in the petition are not true,
15the court shall enter an order dismissing the petition.
16    An area of land, or any part thereof, disconnected under
17the provisions of this Section from a municipality which was
18incorporated at least 2 years prior to the date of the filing
19of such petition for disconnection shall not be subdivided into
20lots and blocks within one year from the date of such
21disconnecting. A plat of any such proposed subdivision shall
22not be accepted for recording or registration within such one
23year period, unless the land comprising such proposed
24subdivision shall have been thereafter incorporated into a
26(Source: P.A. 97-333, eff. 8-12-11.)



HB4282- 3 -LRB100 16652 AWJ 31790 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.