Chapter 65 — MUNICIPALITIES

(65 ILCS 5/9-2-19) (from Ch. 24, par. 9-2-19) Sec. 9-2-19. Whenever any local improvement provided in any ordinance passed by virtue of this Division 2 consists of a system of waterworks or a bridge or viaduct, or extension of water mains which are a part of any municipal waterwo…

(65 ILCS 5/9-2-2) (from Ch. 24, par. 9-2-2) Sec. 9-2-2. In this Division 2, the following terms have the meaning ascribed to them unless the context indicates otherwise: "Municipality" means any city, village or incorporated town which comes within the scope of this Division 2 as…

(65 ILCS 5/9-2-20) (from Ch. 24, par. 9-2-20) Sec. 9-2-20. If the amount awarded to any person for property taken or damaged for an improvement under this Division 2 is greater than the amount assessed against the property for that improvement, or if the benefit is greater than t…

(65 ILCS 5/9-2-21) (from Ch. 24, par. 9-2-21) Sec. 9-2-21. In the assessment of damages and benefits for the opening of any street or alley, the commissioners, where part of the land to be laid out into that street or alley has been theretofore donated by any person for that stre…

(65 ILCS 5/9-2-22) (from Ch. 24, par. 9-2-22) Sec. 9-2-22. The commissioners shall return their report to the court in which the specified petition was filed, and file the report with the clerk thereof, with their certificate, duly verified, stating in substance that they have ca…

(65 ILCS 5/9-2-23) (from Ch. 24, par. 9-2-23) Sec. 9-2-23. The superintendent of special assessments, or president of the board of local improvements, as the case may be, shall file with the commissioners' report an affidavit made by himself or by some employee of his office, tha…

(65 ILCS 5/9-2-24) (from Ch. 24, par. 9-2-24) Sec. 9-2-24. Every person who is named in the commissioners' report as an owner of property to be taken or damaged for the improvement, and every person who is therein named as an occupant of any parcel thereof, shall be made a party …

(65 ILCS 5/9-2-25) (from Ch. 24, par. 9-2-25) Sec. 9-2-25. Where the residence of any defendant named in the commissioners' report is shown thereby to be outside of the State of Illinois, and the residence is stated therein, a copy of the specified notice shall be sent by mail to…

(65 ILCS 5/9-2-26) (from Ch. 24, par. 9-2-26) Sec. 9-2-26. There shall be sent by mail, post paid, to each of the persons paying the taxes during the last preceding year in which taxes were paid on the property which has been assessed for the benefits in the proceeding, directed …

(65 ILCS 5/9-2-27) (from Ch. 24, par. 9-2-27) Sec. 9-2-27. Upon the return of the summons, or as soon thereafter as the business of the court will permit, the court shall proceed to a hearing of the cause, and shall impanel a jury to ascertain the just compensation to be paid to …

(65 ILCS 5/9-2-28) (from Ch. 24, par. 9-2-28) Sec. 9-2-28. If any defendant or party interested demands, and if the court deems it proper, separate juries may be impaneled, either as to the benefits assessed, or as to the compensation or damages to be paid to any one or more of t…

(65 ILCS 5/9-2-29) (from Ch. 24, par. 9-2-29) Sec. 9-2-29. The court upon the motion of the petitioner, or of any person claiming any such compensation, may direct that the jury, under the charge of an officer, shall view the premises which it is claimed by any party to the proce…

(65 ILCS 5/9-2-3) (from Ch. 24, par. 9-2-3) Sec. 9-2-3. Any municipality which after July 6, 1937, enters into an agreement with the Federal Government or any agency thereof or other governmental agency for the construction, extension, improvement or repair of any local improveme…

(65 ILCS 5/9-2-30) (from Ch. 24, par. 9-2-30) Sec. 9-2-30. Upon the return of the jury's verdict, the court shall order the verdict to be recorded and shall enter such judgment thereon as the nature of the case may require. The court shall continue or adjourn the cause from time …

(65 ILCS 5/9-2-31) (from Ch. 24, par. 9-2-31) Sec. 9-2-31. Upon proof that any owner named in such petition, who has not been served with process, has ceased to own the described property since the filing of the petition, the court has the power, at any time, to impanel a jury an…

(65 ILCS 5/9-2-32) (from Ch. 24, par. 9-2-32) Sec. 9-2-32. No delay in making an assessment of compensation shall be occasioned by any doubt or contest which may arise as to the ownership of the property or any part thereof, or as to the interests of the respective owners or clai…

(65 ILCS 5/9-2-33) (from Ch. 24, par. 9-2-33) Sec. 9-2-33. When it appears from the petition, or otherwise at any time during the proceedings upon the petition, that any minor or person under legal disability is interested in any property that is to be taken or damaged, the court…

(65 ILCS 5/9-2-34) (from Ch. 24, par. 9-2-34) Sec. 9-2-34. Any final judgment rendered by a court upon any finding of any jury or of any judge where trial by jury is waived by the parties concerned, shall be a lawful and sufficient condemnation of the land or property to be taken…

(65 ILCS 5/9-2-35) (from Ch. 24, par. 9-2-35) Sec. 9-2-35. The court, upon proof that the amount of the just compensation as found by the jury or by the court in case a trial by jury is waived by the parties concerned, in excess of the benefits so assessed and adjudged against th…

(65 ILCS 5/9-2-36) (from Ch. 24, par. 9-2-36) Sec. 9-2-36. Upon the return of a verdict in a proceeding to acquire property for a public improvement, if no motion for a new trial is made, or if made, is overruled, the petitioner, within 90 days after final judgment as to all defe…

(65 ILCS 5/9-2-37) (from Ch. 24, par. 9-2-37) Sec. 9-2-37. If, in any case, upon the filing of the assessment roll by the commissioners, it appears that the amount assessed as benefits is not sufficient to pay the awards, with the costs, or if, upon the disposition of the whole c…

(65 ILCS 5/9-2-38) (from Ch. 24, par. 9-2-38) Sec. 9-2-38. Any municipality which (1) has a population exceeding 15,000 but less than 500,000, (2) is not located within any sanitary district, (3) discharges its sewage into Lake Michigan without having provided any adequate provis…

(65 ILCS 5/9-2-39) (from Ch. 24, par. 9-2-39) Sec. 9-2-39. Any municipality having a population of less than 500,000 may provide by ordinance for the levy, in addition to the taxes now authorized by law, and in addition to the amount authorized to be levied for general purposes a…

(65 ILCS 5/9-2-4) (from Ch. 24, par. 9-2-4) Sec. 9-2-4. Any municipality in or adjacent to which any Federal defense project is in progress or is about to be in progress, may, if the Defense Department of the United States, or any officer thereof designated by the Secretary of De…

(65 ILCS 5/9-2-4.5) Sec. 9-2-4.5. Special assessment for payment of costs associated with certain ordinance violations. (a) For purposes of this Section, "Code" means any municipal ordinance that requires, after notice, the cutting of grass and weeds, the removal of garbage and d…

(65 ILCS 5/9-2-40) (from Ch. 24, par. 9-2-40) Sec. 9-2-40. Whenever the owners of one-half of the property abutting on any street, alley, park, or public place, or portion thereof, petition for any local improvement thereon, the board of local improvements in any municipality sha…

(65 ILCS 5/9-2-41) (from Ch. 24, par. 9-2-41) Sec. 9-2-41. When the ordinance under which a local improvement is ordered provides that the improvement shall be made wholly or in part by special taxation of contiguous property, that special tax shall be levied, assessed, and colle…

(65 ILCS 5/9-2-42) (from Ch. 24, par. 9-2-42) Sec. 9-2-42. When the ordinance under which a local improvement is ordered to be made contains no provisions for the condemnation of private property therefor, and provides that the improvement shall be wholly or in part paid for by s…

(65 ILCS 5/9-2-43) (from Ch. 24, par. 9-2-43) Sec. 9-2-43. Upon the passage of any ordinance for a local improvement pursuant thereto, the officer specified therein shall file a petition in the circuit court in the county where the affected territory lies, or if the municipality …

(65 ILCS 5/9-2-44) (from Ch. 24, par. 9-2-44) Sec. 9-2-44. Upon the filing of such a petition, either the superintendent of special assessments, in municipalities where that officer is provided for by law or some competent person appointed by the president of the board of local i…

(65 ILCS 5/9-2-45) (from Ch. 24, par. 9-2-45) Sec. 9-2-45. The officer specified in Section 9-2-44 shall estimate what proportion of the total cost of such improvement will be of benefit to the public, and what proportion thereof will be of benefit to the property to be benefited…

(65 ILCS 5/9-2-46) (from Ch. 24, par. 9-2-46) Sec. 9-2-46. In levying any special assessment or special tax, each lot, block, tract, or parcel of land shall be assessed separately, in the same manner as upon assessment for general taxation. However, this requirement shall not app…

(65 ILCS 5/9-2-47) (from Ch. 24, par. 9-2-47) Sec. 9-2-47. The assessment roll shall contain (1) a list of all the lots, blocks, tracts, and parcels of land assessed for the proposed improvement and, in counties in which a property index number system has been established in acco…

(65 ILCS 5/9-2-48) (from Ch. 24, par. 9-2-48) Sec. 9-2-48. The corporate authorities may provide in the ordinance for any local improvement, any portion of the cost of which is to be defrayed by special assessment or special taxation, or by ordinance passed at any time before the…

(65 ILCS 5/9-2-49) (from Ch. 24, par. 9-2-49) Sec. 9-2-49. Whenever an ordinance provides for the making of a local improvement which comprises either the construction of an improvement or the taking or damaging of property therefor, or both such construction and taking or damagi…

(65 ILCS 5/9-2-5) (from Ch. 24, par. 9-2-5) Sec. 9-2-5. When any municipality provides by ordinance for the making of any local improvement, it shall prescribe by the same ordinance whether the improvement shall be made by special assessment or special taxation of contiguous prop…

(65 ILCS 5/9-2-50) (from Ch. 24, par. 9-2-50) Sec. 9-2-50. Within 30 days after the entry of confirmation of the assessment roll in such a proceeding described in Section 9-2-49, the clerk of the court in which the judgment is rendered shall certify the assessment roll and judgme…

(65 ILCS 5/9-2-51) (from Ch. 24, par. 9-2-51) Sec. 9-2-51. All installments established pursuant to Section 9-2-50 shall bear in Section 9-2-10 of the Illinois Municipal Code and not more than the greater of (i) 9% annually or 70% of the Prime Commercial Rate in effect at the tim…

(65 ILCS 5/9-2-52) (from Ch. 24, par. 9-2-52) Sec. 9-2-52. Whenever sufficient funds are on hand, the corporate authorities of the municipality issuing improvement bonds shall direct the treasurer, or such other officer as may be designated by ordinance for that purpose, to selec…

(65 ILCS 5/9-2-53) (from Ch. 24, par. 9-2-53) Sec. 9-2-53. Petitioner, in addition to other notices hereinbefore provided for, shall publish a notice at least twice, not more than 30 nor less than 15 days in advance of the time at which confirmation of the specified assessment is…

(65 ILCS 5/9-2-54) (from Ch. 24, par. 9-2-54) Sec. 9-2-54. If 15 days have not elapsed between the first publication or the putting up of such notice, and the day fixed in the notice for filing objections, the cause shall be continued for 15 days, and the time for filing objectio…

(65 ILCS 5/9-2-55) (from Ch. 24, par. 9-2-55) Sec. 9-2-55. Any person interested in any real estate to be affected by an assessment, may appear and file objections to the report, by the time mentioned in the specified notice, or in case of incomplete notice then as specified in t…

(65 ILCS 5/9-2-56) (from Ch. 24, par. 9-2-56) Sec. 9-2-56. Upon objections or motion for that purpose, the court in which the specified proceeding is pending may inquire in a summary way whether the officer making the report has omitted any property benefited and whether or not t…

(65 ILCS 5/9-2-57) (from Ch. 24, par. 9-2-57) Sec. 9-2-57. On the application of the petitioner, at any time after the return day, the court may set down all objections, except the objection that the property of the objector will not be benefited to the amount assessed against it…

(65 ILCS 5/9-2-58) (from Ch. 24, par. 9-2-58) Sec. 9-2-58. If it is objected on the part of any property assessed for such an improvement, that it will not be benefited thereby to the amount assessed thereon, and that it is assessed more than its proportionate share of the cost o…

(65 ILCS 5/9-2-59) (from Ch. 24, par. 9-2-59) Sec. 9-2-59. Wherever, on a hearing by the court, or before a jury, the amount of any assessment is reduced or cancelled, so that there is a deficiency in the total amount remaining assessed in the proceeding, the court may, in the sa…

(65 ILCS 5/9-2-6) (from Ch. 24, par. 9-2-6) Sec. 9-2-6. No ordinance for any local improvement, to be paid wholly or in part by special assessment or special taxation, shall be considered or passed by the corporate authorities of any such municipality unless the ordinance is firs…

(65 ILCS 5/9-2-60) (from Ch. 24, par. 9-2-60) Sec. 9-2-60. The hearing in all the cases arising under this Division 2 shall have precedence over all other cases in any court, where they are brought, except criminal cases, or other cases in which the public is a moving party. (Sou…

(65 ILCS 5/9-2-61) (from Ch. 24, par. 9-2-61) Sec. 9-2-61. The court before which any such proceedings may be pending may modify, alter, change, annul, or confirm any assessment returned as specified, in addition to the authority already conferred upon it, and may take all such p…

(65 ILCS 5/9-2-62) (from Ch. 24, par. 9-2-62) Sec. 9-2-62. No special assessment or special tax shall be levied for any local improvement until the land necessary therefor has been acquired and is in possession of the municipality, except in cases where proceedings to acquire suc…