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90_SB0687
65 ILCS 5/7-3-6 from Ch. 24, par. 7-3-6
Amends the Illinois Municipal Code. In disconnection of
incorporated territory by court order, adds the requirement
that in counties with a population between 750,000 and
2,000,000 the area to be disconnected shall be contiguous to
unincorporated territory. Effective immediately.
LRB9003176PTcw
LRB9003176PTcw
1 AN ACT to amend the Municipal Code by changing Section
2 7-3-6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Section 7-3-6 as follows:
7 (65 ILCS 5/7-3-6) (from Ch. 24, par. 7-3-6)
8 Sec. 7-3-6. Disconnection by court order. The owner or
9 owners of record of any area of land consisting of one or
10 more tracts, lying within the corporate limits of any
11 municipality may have such territory disconnected which (1)
12 contains 20 or more acres; (2) is located on the border of
13 the municipality; (3) if disconnected, will not result in the
14 isolation of any part of the municipality from the remainder
15 of the municipality, (4) if disconnected, the growth
16 prospects and plan and zoning ordinances, if any, of such
17 municipality will not be unreasonably disrupted, (5) if
18 disconnected, no substantial disruption will result to
19 existing municipal service facilities, such as, but not
20 limited to, sewer systems, street lighting, water mains,
21 garbage collection and fire protection, (6) if disconnected
22 the municipality will not be unduly harmed through loss of
23 tax revenue in the future, and (7) in counties with a
24 population between 750,000 and 2,000,000, is contiguous to
25 unincorporated territory. The procedure for disconnection
26 shall be as follows: The owner or owners of record of any
27 such area of land shall file a petition in the circuit court
28 of the county where the land is situated, alleging facts in
29 support of the disconnection. The municipality from which
30 disconnection is sought shall be made a defendant, and it, or
31 any taxpayer residing in that municipality, may appear and
-2- LRB9003176PTcw
1 defend against the petition. If the court finds that the
2 allegations of the petition are true and that the area of
3 land is entitled to disconnection it shall order the
4 specified land disconnected from the designated municipality.
5 If the circuit court finds that the allegations contained in
6 the petition are not true, the court shall enter an order
7 dismissing the petition.
8 An area of land, or any part thereof, disconnected under
9 the provisions of this section from a municipality which was
10 incorporated at least 2 years prior to the date of the filing
11 of such petition for disconnection shall not be subdivided
12 into lots and blocks within 1 year from the date of such
13 disconnecting. A plat of any such proposed subdivision shall
14 not be accepted for recording or registration within such one
15 year period, unless the land comprising such proposed
16 subdivision shall have been thereafter incorporated into a
17 municipality.
18 (Source: P.A. 83-1362.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.