(70 ILCS 1205/3-13) (from Ch. 105, par. 3-13)
Sec. 3-13.
If 2 park districts have a common boundary and more than
1/2 the population of each such park district consists of any one
municipality, then any property owner whose property is located within
the incorporated limits of a municipality, and in a park district more
than 1/2 the population of which consists of a different municipality,
may disconnect from the park district not representative of his
municipality and annex to the park district that is representative of
his municipality by filing a notice of such intention with the county
clerk as provided in this Section. A property owner may not file such
notice to disconnect and annex unless (a) his property is contiguous
with the boundary of the park district to which annexation is sought,
and (b) he personally resides upon the parcel which he proposes to have
disconnected, and the parcel which he proposes to disconnect is not more
than one acre in size and is used exclusively for residential purposes.
Any number of property owners may join in filing a single notice of
their intent to disconnect and annex all of their respective properties
under this Section if the property of every owner involved complies with
the requirements set forth in (a) above and borders on the property of
another owner who joins in the filing of such notice, and if the
property of at least one of the owners so filing is contiguous to the
boundary of the park district to which annexation is sought.
Copies of the notice of intention filed by the property owner shall
be forwarded by the county clerk to each park district involved in the
disconnection and annexation not more than 5 days following the date of
filing. The notice shall be subject to review by all interested parties
for 90 days from the date of filing. If any interested party objects to
such disconnection and annexation and the boards of the respective park
districts cannot agree, then the matter shall be determined by the
circuit court of the county in which the district from which
disconnection is sought is situated upon the petition of either district
or of any taxpayer in either municipality. The court shall hear and
determine the matter and shall enter judgment as the right and equity
of the matter may demand. If judgment is entered by the court a
certified copy of such judgment shall be made by the clerk of the court
and filed with the secretary of each of the park districts and with the
county clerks of the counties involved and by such county clerks
certified to the Department of Revenue. If the notice
of intention is found in compliance with this Section and no petition is
filed as herein provided the disconnection and annexation shall become
effective January 1 following the expiration of the 90 day period, and
shall be so recorded with the county clerk and recorder.
The disconnection of any property from a park district under this
Section shall not exempt such property from taxation for the purpose of
paying any bonded indebtedness incurred by such park district prior to
the effective date of the disconnection. Where any property is annexed
to a park district under this Section, such property shall be subject to
taxation for indebtedness incurred by such park district prior to the
effective date of the annexation.
(Source: P.A. 83-358.)
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