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90_HB1740
65 ILCS 5/7-3-6 from Ch. 24, par. 7-3-6
Amends the Illinois Municipal Code regarding land
disconnected from municipalities. Makes a technical change.
LRB9003123MWpc
LRB9003123MWpc
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. The owner or owners of record of any area of
9 land consisting of one or more tracts, lying within the
10 corporate limits of any municipality may have the such
11 territory disconnected which (1) contains 20 or more acres;
12 (2) is located on the border of the municipality; (3) if
13 disconnected, will not result in the isolation of any part of
14 the municipality from the remainder of the municipality, (4)
15 if disconnected, the growth prospects and plan and zoning
16 ordinances, if any, of such municipality will not be
17 unreasonably disrupted, (5) if disconnected, no substantial
18 disruption will result to existing municipal service
19 facilities, such as, but not limited to, sewer systems,
20 street lighting, water mains, garbage collection and fire
21 protection, (6) if disconnected the municipality will not be
22 unduly harmed through loss of tax revenue in the future. The
23 procedure for disconnection shall be as follows: The owner or
24 owners of record of any such area of land shall file a
25 petition in the circuit court of the county where the land is
26 situated, alleging facts in support of the disconnection. The
27 municipality from which disconnection is sought shall be made
28 a defendant, and it, or any taxpayer residing in that
29 municipality, may appear and defend against the petition. If
30 the court finds that the allegations of the petition are true
31 and that the area of land is entitled to disconnection it
-2- LRB9003123MWpc
1 shall order the specified land disconnected from the
2 designated municipality. If the circuit court finds that the
3 allegations contained in the petition are not true, the court
4 shall enter an order dismissing the petition.
5 An area of land, or any part thereof, disconnected under
6 the provisions of this section from a municipality which was
7 incorporated at least 2 years prior to the date of the filing
8 of such petition for disconnection shall not be subdivided
9 into lots and blocks within 1 year from the date of such
10 disconnecting. A plat of any such proposed subdivision shall
11 not be accepted for recording or registration within such one
12 year period, unless the land comprising such proposed
13 subdivision shall have been thereafter incorporated into a
14 municipality.
15 (Source: P.A. 83-1362.)