State Codes and Statutes

Statutes > Illinois > Chapter35 > 596 > 003502000HArt_28

(35 ILCS 200/Art. 28 heading)Article 28. Special Assessment Apportionment Law

(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.)

(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.)

    (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

the date of the confirmation of the assessment.

(b) The names of the owners.
(c) A description of the land proposed to be

subdivided, together with the amount of each installment thereon, and the year or years for which the installments are due.

(d) A plat showing the proposed subdivision.
(e) The proposed apportionment of the amount of each

installment on each lot or parcel according to the proposed subdivision.

The petition shall be acknowledged in the manner provided for the acknowledgment of deeds.
(Source: P.A. 83‑345; 88‑455.)

(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.)

(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.)