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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 -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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