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90_HB0732
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.
LRB9003871PTcw
LRB9003871PTcw
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
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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.