Bill Text: IL HB3009 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Property Tax Code and the Special Assessment Supplemental Bond and Procedures Act. Sets forth an alternative procedure to apportion the assessment and the installments of a divided parcel. Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3009 Detail]

Download: Illinois-2011-HB3009-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3009 Introduced 2/23/2011, by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED:
35 ILCS 200/28-5
50 ILCS 460/80 new
Amends the Property Tax Code and the Special Assessment Supplemental Bond and Procedures Act. Sets forth an alternative procedure to apportion the assessment and the installments of a divided parcel. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Section 28-5 as follows:
(35 ILCS 200/28-5)
Sec. 28-5. Apportionment upon subdivision.
(a) 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.
(b) In lieu of using this Article, the apportionment of the
assessment and the several installments may be done as provided
under Section 80 of the Special Assessment Supplemental Bond
and Procedures Act.
(Source: P.A. 83-345; 88-455.)
Section 10. The Special Assessment Supplemental Bond and
Procedures Act is amended by adding Section 80 as follows:

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(50 ILCS 460/80 new)
Sec. 80. Apportionment upon division.
(a) If a special assessment that is payable in installments
has been made by any corporate authority, and if all of the
owners of the original assessed parcel of land desire to divide
the parcel, and to apportion the assessment and the several
installments so that each of the divided portions of the
original assessed parcel will bear its just and equitable
proportion of the assessment against the original assessed
parcel, it may be done as provided in this Section.
(b) The owner or owners of record of the original assessed
parcel to be further apportioned must present to the board of
local improvements a petition to divide. The petition must
include the signatures of all the owners of record of the
original assessed parcel or their respective agents. Upon
receipt of a petition to divide, the board of local
improvements shall review the apportionment to determine
whether it appears to be just and equitable.
(c) If the board of local improvements approves the
proposed apportionment of the original assessed parcel, the
board's president and secretary shall sign the petition to
divide and shall file the petition with the court in which the
original special assessment proceeding was heard.
(d) Upon the filing of the petition to divide with the
court, unless the court finds the proposed apportionment to be

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unjust or inequitable, the court shall enter an order
apportioning the original assessment. A certified copy of the
order shall be recorded with the recorder of deeds of the
county in which the original assessment roll and report was
recorded.
(e) A petition to divide the assessment against an original
assessed parcel may be processed, and an order approving the
apportionment may be entered by the court, as referenced above,
even if the order confirming the certificate of final cost and
completion has already been entered by the court.
(f) Once an assessment has been apportioned as provided for
in this Section, the apportioned assessment may be further
apportioned, by following the procedures set forth herein.
(g) This Section applies only to the apportionment of a
special assessment after the effective date of this amendatory
Act of the 97th General Assembly, and nothing in this Section
affects the validity of any court order entered before that
effective date to apportion any special assessment.
Section 99. Effective date. This Act takes effect upon
becoming law.