(70 ILCS 1005/13) (from Ch. 111 1/2, par. 85a)
Sec. 13.
The owner or owners of record of any area of land consisting of
one or more tracts lying within the corporate limits of any mosquito
abatement district may have the area disconnected from the mosquito
abatement district in the following manner:
The owner or owners of record of any such 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 mosquito abatement district in the performance of its lawful functions
of controlling and exterminating mosquitoes, flies and other insects within
the district;
(4) That disconnection will not jeopardize the financial position of the
district;
(5) And that disconnection will not adversely affect the public health
and welfare.
The mosquito abatement 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, and copy of the petition shall be
mailed to the Department of Public Health of the State of Illinois and to
the Illinois State Natural History Survey by the clerk of the court, such
copies to be furnished by the petitioners. The court shall not proceed to
final hearing of the petition without a joint written report from the
Department of Public Health and the Illinois State Natural History Survey
as to the probable effect upon the public health and welfare and upon the
effectiveness of the mosquito abatement district in the performance of its
lawful duties if disconnection were granted as prayed. A copy of such
report shall also be mailed to the petitioners or their attorneys of
record. The court shall upon request grant to any party the right to
examine witnesses from such state agencies as may have investigated the
facts incorporated in any such reports.
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 mosquito abatement district and
thereupon said land shall cease to be a part of such district. Said land
shall not, however, be relieved from any bonded indebtedness of the
district previously created as to its proportionate share thereof.
The decision of the court is appealable as in other civil cases.
The provisions of this section 13 shall not apply to districts
incorporated in counties of over 500,000 population.
(Source: Laws 1967, p. 3973.)
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