(70 ILCS 605/5-29)
(from Ch. 42, par. 5-29)
Rebate and abatement of excess assessment - Landowners' petition.
When any landowner has requested the commissioners to initiate
proceedings to rebate, or to rebate and abate, a portion of an assessment
under Section 5-28 and the commissioners have failed or refused to
initiate such proceedings then the court may, if petitioned to do so by at
least 10 per cent of the adult landowners in the district, order the
rebate, or rebate and abatement, of that portion of the assessment not
required for the general purposes of the district.
When a landowners' petition seeking the rebate, or rebate and abatement,
of the excess or a portion of the excess of an assessment has been filed
with the clerk of the court the petition shall be presented to the court
and set for hearing by the court. Notice of the filing of the petition and
the hearing thereon shall be given by the clerk of the court to the
commissioners in the manner and for the length of time directed by the
court. Notice shall also be given by the clerk of the court to the other
landowners in the district in substantially the form provided in Section
4-21, and in the manner and for the length of time provided in Section 4-22.
Any person interested may appear at the hearing and show cause why the
prayer of the petition should or should not be granted. If the court finds
from the evidence that the remaining uncollected balance of the assessment,
if any, and the funds on hand or otherwise available are in excess of the
outstanding indebtedness of the district and that no obligation of any
contract will be impaired, the court may order the rebate, or rebate and
abatement, of that portion of the assessment not required for the general
purposes of the district, provided that no assessment or installment
against which there is a valid lien shall be abated without the consent of
the holder or holders of such lien.
(Source: Laws 1955, p. 512