State of Illinois
91st General Assembly
Legislation

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91_HB4178

 
                                               LRB9111023MWgc

 1        AN  ACT  to  amend the Illinois Drainage Code by changing
 2    Section 5-31.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Illinois  Drainage  Code  is amended by
 6    changing Section 5-31 as follows:

 7        (70 ILCS 605/5-31) (from Ch. 42, par. 5-31)
 8        Sec. 5-31.  Division  of  Assessment  when  Ownership  is
 9    Divided.  If, at any time, the ownership of any tract of land
10    is divided in a manner  other  than  that  described  in  any
11    assessment roll and such assessment, or a portion thereof, is
12    unpaid,  the  landowners  may  agree upon the division of the
13    assessment or the unpaid portion  thereof  between  or  among
14    them  and  request  the  division  of  the  assessment on the
15    district collector's books. If the request  for  division  of
16    the  assessment  is approved by the commissioners, they shall
17    adopt a resolution granting the request  and  file  the  same
18    with  the  Clerk, who shall record it in the drainage record.
19    The district collector, upon receipt of a certified  copy  of
20    the  resolution,  shall  make a division of the assessment or
21    the unpaid portion thereof on his books  to  correspond  with
22    the  agreement of the landowners, and such divided assessment
23    shall thereafter be enforceable  only  against  the  separate
24    tracts   according   to   the   method  of  division.  Annual
25    maintenance assessments  may  be  divided  between  or  among
26    several  owners in the same manner as is hereinabove provided
27    for other assessments. In the absence of such agreement,  the
28    clerk  district collector shall divide the assessment, or the
29    unpaid portion thereof, on his or her books to correspond  to
30    the  ratio of the assessed land area held by each owner after
31    division of the such tract to  the  total  original  assessed
 
                            -2-                LRB9111023MWgc
 1    land area of the tract.
 2    (Source: P.A. 86-297.)

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.

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