70 ILCS 2005/15

Current through Public Act 103-1052

Section 70 ILCS 2005/15 - Petition for disconnection from district by owners of land

The owner or owners of record of any area of land consisting of one or more tracts lying within the corporate limits of an emergency services district may have the area disconnected from the district as provided in this Section.

The owner or owners of record of the tract or tracts of land shall file a petition in the circuit court of the county in which the district was organized alleging facts in support of disconnection, including the following:

(1) That the tract or tracts involved are located upon the border of the district.

(2) That disconnection will not result in the isolation of any part of the district from the remainder of the district.

(3) That disconnection will not destroy or impair the effectiveness of the district in the performance of its lawful functions.

(4) That disconnection will not jeopardize the financial position of the district.

(5) That disconnection will not adversely affect the public health and welfare.

(6) That rescue services are provided by a fire protection district or other unit of local government.

The district from which disconnection is sought shall be made a defendant, and it or any taxpayer residing in the district may appear and defend against the petition. The court shall set the petition for hearing on a date not less than 30 days after the filing of the petition. If the court finds that the allegations of the petition are true and that the area of land is entitled to disconnection, it shall order the specified land disconnected from the district and thereupon that land shall cease to be a part of the district. The land shall not, however, be relieved from any bonded indebtedness of the district previously created as to that land's proportionate share. The decision of the court is appealable as in other civil cases.

70 ILCS 2005/15

P.A. 86-916.

Amended by P.A. 103-0134,§ 5, eff. 1/1/2024.