(70 ILCS 605/4-24) (from Ch. 42, par. 4-24)
Sec. 4-24.
Findings - Dismissal - Order.
If, at the conclusion of the hearing, the court finds that it is not
necessary or advisable to construct any of the proposed work or to make any
of the proposed changes or to exercise any of the proposed powers or to
levy any proposed assessment, or finds that the cost thereof to the lands
and other property in the district will exceed the benefits thereto, then
the court shall dismiss the petition. In determining whether the proposed
action is necessary or advisable and in determining the cost thereof, the
court shall consider environmental values and amenities and may receive
testimony from persons especially qualified by reason of training or
experience in biological sciences, community planning, natural resource
development, conservation, landscape architecture and similar fields. If
the court finds that it is necessary or advisable to do one or more of the
things proposed and that the benefit resulting therefrom to the lands in
the district exceed the cost to such lands, then the court shall also find
(a) the things which should be done, (b) the method by which the things
shall be done, (c) the probable cost thereof, (d) whether an assessment
should be levied or increased, (e) the amount of any assessment or
additional assessment or new or increased annual maintenance assessment to
be levied, and (f) any other matters which the court deems pertinent, and
shall order the things to be done and the levy of an assessment in
accordance with its findings. If the court orders the levy of an
assessment, and if the commissioners have filed an assessment roll with
their petition, then the court shall fix a time for a hearing on the
assessment roll and shall continue the cause to a day certain for such
hearing and no additional notice shall be required if notice was given by
publication and mailing as required by Section 4-22 and by
Section 5-6; provided, however, that if there are no objections to the
assessment roll, if no jury is required and, if such notice was given by
publication and mailing under Section 4-22 and Section 5-6, then the
court may proceed to an immediate hearing on the assessment roll. If notice
was not given by publication and mailing under Section 4-22 and
Section 5-6 then notice of the hearing on the assessment roll shall be
given in the form required by Section 5-5 and in the manner and for the
length of time provided by Section 5-6. If an assessment is ordered and no
assessment roll was filed with the petition, then the court shall direct
the commissioners to prepare and file an assessment roll.
(Source: P.A. 86-297.)
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