(35 ILCS 200/Art. 28 heading) Article 28.
Special Assessment Apportionment Law
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(35 ILCS 200/28-1)
Sec. 28-1.
Short title.
This Article may be cited as the Special Assessment
Apportionment Law.
(Source: P.A. 86-1324; 88-455.)
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(35 ILCS 200/28-5)
Sec. 28-5.
Apportionment upon subdivision.
If a special assessment that is
payable in installments has been made by any corporate authority, for supplying
water, or other corporate purpose, and if all or some of the owner or owners of
any parcel of land so assessed desire to subdivide the parcel, and to apportion
the assessment and the several installments so that each parcel of the proposed
subdivision will bear its just and equitable proportion, it may be
done as provided in this Article.
(Source: P.A. 83-345; 88-455.)
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(35 ILCS 200/28-10)
Sec. 28-10.
Apportionment petition.
The owner or owners of the parcel of
land shall present to the corporate authority a petition, setting forth:
(a) The descriptive character of the assessment and | ||
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(b) The names of the owners.
(c) A description of the land proposed to be | ||
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(d) A plat showing the proposed subdivision.
(e) The proposed apportionment of the amount of each | ||
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The petition shall
be acknowledged in the manner provided for the acknowledgment of deeds.
(Source: P.A. 83-345; 88-455.)
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(35 ILCS 200/28-15)
Sec. 28-15.
Approval of petition by corporate authority; effect.
If the
corporate authority is satisfied with the proposed division, it shall cause to
be indorsed upon or attached to the petition its approval by its clerk or
secretary, under its corporate seal. The approved petition shall be filed and
recorded in the office of the county clerk of the county in which the land is
situated, and the apportioned assessment shall stand in place of the original
assessment and the several amounts so apportioned shall be liens upon the
several parcels charged, respectively. For the purpose of collecting the
assessment all proceedings shall be had and taken as if the assessment and
installments had been made and apportioned in the first instance according to
the apportioned description and amounts. The respective owners shall be held to
have waived every and all objections to the assessment and the apportionment.
This Article does not apply to any parcel of land on which any delinquent
installment remains due and unpaid.
(Source: P.A. 83-345; 88-455.)
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(35 ILCS 200/28-20)
Sec. 28-20.
Apportionment by court.
If the owners are unable to agree as to
the apportionment, or any of them are under legal disability, one or more of
them may file a petition with the circuit court of the county in which the land
so assessed is situated, substantially in the form provided in Section 28-10.
The corporate authority, together with all owners or persons interested, not
joined as petitioners, and unknown owners, if any, shall be made parties
defendant. All proceedings shall be had as in other civil cases. The court may
hear and determine the case according to the right of the matter. A copy of the
record of the proceedings of the court relating to the premises in case of an
apportionment, duly certified, shall be filed and recorded in the office of the
county clerk. As to the land covered by the court's order, the owners of the
land, the apportionment, and the collection of the several amounts
apportioned, the proceedings have the same force and effect as is provided in
Section 28-15 when the corporate authorities approved a petition.
(Source: P.A. 83-345; 88-455.)
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