Illinois General Assembly - Full Text of Public Act 100-1134
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Public Act 100-1134


Public Act 1134 100TH GENERAL ASSEMBLY



Public Act 100-1134
HB4282 EnrolledLRB100 16652 AWJ 31790 b

    AN ACT concerning local government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Municipal Code is amended by
changing Section 7-3-6 as follows:
    (65 ILCS 5/7-3-6)  (from Ch. 24, par. 7-3-6)
    Sec. 7-3-6. The owner or owners of record of any area of
land consisting of one or more tracts, lying within the
corporate limits of any municipality may have such territory
disconnected which (1) contains 20 or more acres; (2) is
located on the border of the municipality; (3) if disconnected,
will not result in the isolation of any part of the
municipality from the remainder of the municipality; (4) if
disconnected, the growth prospects and plan and zoning
ordinances, if any, of such municipality will not be
unreasonably disrupted; (5) 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; (6) if disconnected, the municipality will not be
unduly harmed through loss of tax revenue in the future; and
(7) does not contain any territory designated as part of a
redevelopment project area as that term is defined in
subsection (p) of Section 11-74.4-3 of this Code or any
territory otherwise subject to tax increment financing by the
municipality. Item (7) applies to petitions and actions pending
on the effective date of this amendatory Act of the 100th
General Assembly as well as petitions and actions commenced on
or after that date. The procedure for disconnection shall be as
follows: The owner or owners of record of any such area of land
shall file a petition in the circuit court of the county where
the land is situated, alleging facts in support of the
disconnection. The municipality from which disconnection is
sought shall be made a defendant, and it, or any taxpayer
residing in that municipality, may appear and defend against
the petition. If the court finds that the allegations of the
petition are true and that the area of land is entitled to
disconnection it shall order the specified land disconnected
from the designated municipality. If the circuit court finds
that the allegations contained in the petition are not true,
the court shall enter an order dismissing the petition.
    An area of land, or any part thereof, disconnected under
the provisions of this Section from a municipality which was
incorporated at least 2 years prior to the date of the filing
of such petition for disconnection shall not be subdivided into
lots and blocks within one year from the date of such
disconnecting. A plat of any such proposed subdivision shall
not be accepted for recording or registration within such one
year period, unless the land comprising such proposed
subdivision shall have been thereafter incorporated into a
(Source: P.A. 97-333, eff. 8-12-11.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 11/28/2018