Illinois General Assembly - Full Text of HB4282
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Full Text of HB4282  100th General Assembly




HB4282 EnrolledLRB100 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 Enrolled- 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. Item (7) applies to petitions and actions pending
4on the effective date of this amendatory Act of the 100th
5General Assembly as well as petitions and actions commenced on
6or after that date. The procedure for disconnection shall be as
7follows: The owner or owners of record of any such area of land
8shall file a petition in the circuit court of the county where
9the land is situated, alleging facts in support of the
10disconnection. The municipality from which disconnection is
11sought shall be made a defendant, and it, or any taxpayer
12residing in that municipality, may appear and defend against
13the petition. If the court finds that the allegations of the
14petition are true and that the area of land is entitled to
15disconnection it shall order the specified land disconnected
16from the designated municipality. If the circuit court finds
17that the allegations contained in the petition are not true,
18the court shall enter an order dismissing the petition.
19    An area of land, or any part thereof, disconnected under
20the provisions of this Section from a municipality which was
21incorporated at least 2 years prior to the date of the filing
22of such petition for disconnection shall not be subdivided into
23lots and blocks within one year from the date of such
24disconnecting. A plat of any such proposed subdivision shall
25not be accepted for recording or registration within such one
26year period, unless the land comprising such proposed



HB4282 Enrolled- 3 -LRB100 16652 AWJ 31790 b

1subdivision shall have been thereafter incorporated into a
3(Source: P.A. 97-333, eff. 8-12-11.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.