(70 ILCS 605/10-2) (from Ch. 42, par. 10-2)
Sec. 10-2.
Abandonment of portion of work.
When a petition, signed by not less than two-thirds of the adult
landowners in any area which will be benefited by a particular portion of
any work theretofore ordered constructed and who own not less than
two-thirds of the lands in such area, is filed with the court before the
commissioners of the district enter into a contract for the construction of
such work and before any lien has attached to the assessment levied to pay
the cost thereof, the court shall order the commissioners to abandon such
work and to rebate the assessments paid and abate the unpaid assessments
attributable to such work. Upon the filing of the petition it shall be
presented to the court, set for hearing, and heard after notice in the
manner provided in Sections 4-19 to 4-24, inclusive. If notice is given
by publication then the clerk shall, within 4 days after the first
publication, mail a copy thereof to each of the commissioners. The order
directing such abandonment, rebate and abatement shall be conditioned upon
the petitioners reimbursing the district within 30 days for the
proportionate share of the costs and expenses attributable to the abandoned
work and assessment, including the fees of the commissioners, treasurer,
clerk, engineers and attorneys, theretofore incurred by the district, and
including all costs and expenses to be incurred by the district in
connection with the rebate and abatement of a portion of the assessment,
which costs and expenses shall be fixed and determined by the court in its
abandonment order. If the petitioners fail to reimburse the district as
provided in the order within such 30 day period, the order shall be vacated
and shall thereafter be without force or effect. Any assessment levied to
pay the cost of the portion of the work subsequently abandoned shall be
rebated and abated as hereinbefore provided in Section 5-30.
(Source: Laws 1955, p. 512.)
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