(70 ILCS 605/12-13) (from Ch. 42, par. 12-13)
Sec. 12-13.
Deeds, petitions and contracts in fraud of act.
All deeds, made for the purpose of preventing or aiding the organization
of a district or for the purpose of preventing or aiding any other
proceeding taken under this Act, and not made in good faith, are in fraud
of the provisions of this Act.
If the court in which a petition for the organization of a district is
pending finds that any other petition for the organization of another
district which includes a portion only of the lands involved in the pending
petition is on file, yet if the court finds (a) that the petition first
filed was filed for the primary purpose of preventing the organization of
the other proposed district or for the purpose of preventing the lands or
some of the lands described therein from being included in the other
proposed district, (b) that all of the lands included in the petition first
filed are included in the petition for the other proposed district, and (c)
that the lands described in the petition first filed will be protected and
drained as adequately and as cheaply by the works proposed in the petition
under consideration as they would be by any works which might be
constructed by the proposed district described in the petition first filed;
then such petition first filed shall be deemed in fraud of the provisions
of this Act, and the fact that such petition was first filed shall not be a
valid objection to the granting of the prayer of the petition under
consideration or to the inclusion of such land in the proposed district.
If the court in which a petition for the organization of a district is
pending finds that a district including a portion only of the lands
involved in the petition under consideration has been organized by mutual
agreement, yet if the court finds (a) that such mutual district has neither
constructed nor contracted to construct any substantial drainage or levee
work, (b) that such mutual district was organized for the primary purpose
of preventing the organization of the other proposed district or preventing
the lands or some of the lands in the mutual district from being included
in the other proposed district, (c) that all the lands included in the
mutual district are included in the petition for the other proposed
district, and (d) that the lands in the mutual district will be protected
and drained as adequately and as cheaply by the works proposed in the
petition under consideration as they would be by any works which may be
constructed by the mutual district, then the agreement organizing the
mutual district shall be deemed in fraud of the provisions of this Act, and
the fact that such mutual district has been organized shall not be a valid
objection to the granting of the prayer of the petition under consideration
or the inclusion of such lands in the proposed district.
(Source: Laws 1955, p. 512.)
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