State of Illinois
90th General Assembly

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      65 ILCS 5/7-3-6           from Ch. 24, par. 7-3-6
          Amends the Illinois Municipal Code.  In disconnection  of
      incorporated  territory  by court order, adds the requirement
      that the area  be  contiguous  to  unincorporated  territory.
      Effective immediately.
 1        AN  ACT  to amend the Illinois Municipal Code by changing
 2    Section 7-3-6.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Municipal Code is amended by
 6    changing Section 7-3-6 as follows:
 7        (65 ILCS 5/7-3-6) (from Ch. 24, par. 7-3-6)
 8        Sec. 7-3-6. Disconnection by court order.  The  owner  or
 9    owners  of  record  of  any area of land consisting of one or
10    more  tracts,  lying  within  the  corporate  limits  of  any
11    municipality may have such territory disconnected  which  (1)
12    contains  20  or  more acres; (2) is located on the border of
13    the  municipality  and  is   contiguous   to   unincorporated
14    territory;  (3)  if  disconnected,  will  not  result  in the
15    isolation of any part of the municipality from the  remainder
16    of   the   municipality,  (4)  if  disconnected,  the  growth
17    prospects and plan and zoning ordinances,  if  any,  of  such
18    municipality  will  not  be  unreasonably  disrupted,  (5) if
19    disconnected,  no  substantial  disruption  will  result   to
20    existing  municipal  service  facilities,  such  as,  but not
21    limited to, sewer  systems,  street  lighting,  water  mains,
22    garbage  collection  and fire protection, (6) if disconnected
23    the municipality will not be unduly harmed  through  loss  of
24    tax  revenue  in  the future. The procedure for disconnection
25    shall be as follows: The owner or owners  of  record  of  any
26    such  area of land shall file a petition in the circuit court
27    of the county where the land is situated, alleging  facts  in
28    support  of  the  disconnection.  The municipality from which
29    disconnection is sought shall be made a defendant, and it, or
30    any taxpayer residing in that municipality,  may  appear  and
31    defend  against  the  petition.  If  the court finds that the
                            -2-                LRB9003871PTcw
 1    allegations of the petition are true and  that  the  area  of
 2    land   is  entitled  to  disconnection  it  shall  order  the
 3    specified land disconnected from the designated municipality.
 4    If the circuit court finds that the allegations contained  in
 5    the  petition  are  not  true, the court shall enter an order
 6    dismissing the petition.
 7        An area of land, or any part thereof, disconnected  under
 8    the  provisions of this section from a municipality which was
 9    incorporated at least 2 years prior to the date of the filing
10    of such petition for disconnection shall  not  be  subdivided
11    into  lots  and  blocks  within  1 year from the date of such
12    disconnecting. A plat of any such proposed subdivision  shall
13    not be accepted for recording or registration within such one
14    year   period,  unless  the  land  comprising  such  proposed
15    subdivision shall have been thereafter  incorporated  into  a
16    municipality.
17    (Source: P.A. 83-1362.)
18        Section  99.  Effective date.  This Act takes effect upon
19    becoming law.

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