(65 ILCS 5/7-3-1) (from Ch. 24, par. 7-3-1)
Sec. 7-3-1.
Within one year of the organization of any municipality under
the provisions of Divisions 2 and 3 of Article 2 of this Code, any
territory which has been included therein may be disconnected from such
municipality if the territory sought to be disconnected is (1) upon the
border, but within the boundary of the municipality, (2) contains 20 or
more acres, (3) if disconnected will not result in the isolation of any
part of the municipality from the remainder of the municipality, and (4) if
disconnected will not be a territory wholly bounded by one or more
municipalities or wholly bounded by one or more municipalities and a river
or lake, (5) if disconnected, the growth prospects and plan and zoning
ordinances, if any, of such municipality will not be unreasonably
disrupted, (6) 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, (7) if disconnected the municipality will not be unduly harmed
through loss of tax revenue in the future. The procedure for disconnection
shall be as follows:
A written petition directed to the circuit court of the county in which
the territory proposed to be disconnected is located and if such territory
is located in more than one county then to the circuit court of the county
in which the greater part of such territory may be located, which petition
shall be signed by a majority of the electors, if any, residing within the
territory and also signed by a majority of the owners of record of land in
such territory, and also representing a majority of the area of land in
such territory, shall be filed with the clerk of the court within one year
of the organization of any municipality under the provisions of Divisions 2
and 3 of Article 2 of this Code. The petition shall set forth the
description of the territory to be detached from such municipality, shall
allege the pertinent facts in support of the disconnection of such
territory and shall pray the court to detach the territory from the
municipality.
(Source: P.A. 96-1000, eff. 7-2-10.)
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