2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 605/ - Illinois Drainage Code. › Article VIII - Annexation And Detachment Of Lands

(70 ILCS 605/Art. VIII heading)
ARTICLE VIII.  
		ANNEXATION AND DETACHMENT OF LANDS
(70 ILCS 605/8-1) (from Ch. 42, par. 8-1)
Sec. 8-1. 
		Annexation and detachment.
Lands may be annexed to or detached from a district, subdistrict or
minor subdistrict in the manner provided in this Article.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-2) (from Ch. 42, par. 8-2)
Sec. 8-2. 
		Annexation-Right of outside lands to use district drains. 
		
		Any owner of land which lies outside of a district, subdistrict or minor
subdistrict but within the same natural drainage area, or involved in the
same system of drainage as the lands within the district, subdistrict or
minor subdistrict, may connect his land to any open ditch of the district,
subdistrict or minor subdistrict, or, with the prior consent of the
commissioners, to any covered drain of the district, subdistrict or minor
subdistrict. Any connection so made shall be subject to the conditions of
Section 12-1. When any such connection is made, the landowner involved
shall be deemed to have consented to the annexation of such land to the
district, subdistrict or minor subdistrict.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-3) (from Ch. 42, par. 8-3)
Sec. 8-3. 
		Annexation-Petition by commissioners.
When any land lying outside of a district has been connected to a
district drain or has been or will be benefited or protected by any
district work done or ordered to be done, the commissioners may petition
the court to annex such land to the district. The petition shall include a
description of the land proposed to be annexed, the name of the owner, when
known, and a general description of the connection which has been made or a
general description of the manner in which the land has been or will be
benefited or protected.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-4) (from Ch. 42, par. 8-4)
Sec. 8-4. 
		Annexation-Petition by landowners. 
		
		When the owners of lands lying outside of a district but within the same
natural drainage basin or involved in the same system of drainage as the
lands within the district, desire to have their lands annexed to the
district, they may so petition the court. The petition must meet the
proportional requirements of Section 3-3 as to signers and shall include a
description of the lands proposed to be annexed and the names of the
owners, when known.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-5) (from Ch. 42, par. 8-5)
Sec. 8-5. 
		Annexation-Setting petition for hearing-Notice. 
		
		Upon the filing of a petition for annexation, it shall be presented to
the Court, which shall fix the date and hour for hearing. The clerk of the
court shall give notice of the hearing to the owners of the lands proposed
to be annexed substantially in the form provided in Section 4-21 and in
the manner and for the length of time provided in Section 4-22. The notice
shall include a description of the lands sought to be annexed. If the
petition is filed by the landowners and all of the owners of the lands
sought to be annexed have signed the petition, then no notice, other than
10 days notice in writing sent by the clerk to the commissioners, need be
given.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-6) (from Ch. 42, par. 8-6)
Sec. 8-6. 
		Annexation - Hearing - Order - Appeals. 
		Any owner of land lying in the territory sought to be annexed may file
objections to the petition at or prior to the time fixed for hearing and,
after filing such objections may be heard with reference thereto and
introduce evidence thereon. At the hearing, the court shall determine
whether the lands sought to be annexed are connected with a district drain
or have been or will be benefited or protected by any work of the district
done or ordered to be done and, if the petition was filed by the
landowners, whether the lands sought to be annexed are within the same
natural drainage basin or involved in the same system of drainage as lands
within the district and whether the petition is signed by the requisite
number of owners owning the required proportion of the area sought to be
annexed. If the court finds for the petitioners, it shall order the lands
annexed to the district. The order of annexation shall include a
description of the territory annexed and a description of the boundaries of
that territory. The order shall be final and separate or joint appeals may
be taken by the parties affected thereby, as in other civil cases. The
taking of an appeal or the reversal of the order upon any such appeal shall
not impair or invalidate such annexation as to lands not involved in the
appeal, unless the reversal of the order by the reviewing court as to the
owners so appealing would work a substantial hardship on the owners or some
of the owners not appealing and the appeal has been made to operate as a
stay of the enforcement of the judgment. When any such
an appeal is taken, the commissioners or any
landowner not appealing may, within 15 days after the notice of appeal has
been made to operate as a stay of the enforcement of the judgment,
move the trial court to stay the
proceedings as to the owners of the lands not appealing, pending the
determination of the appeal, upon the grounds that the reversal of the
order by the reviewing court as to the owners appealing would work a
substantial hardship on all or some of the owners not appealing. In the
event the proceedings are so stayed and the order appealed from is
thereafter affirmed, or the appeal is dismissed, then, upon the receipt of
final process from the reviewing court the trial court shall vacate the
stay and the proceedings shall thereafter continue in the same manner as
though no appeal had been taken. In the event the proceedings are so stayed
and the order appealed from is reversed then, upon the receipt of final
process from the reviewing court the trial court may modify or vacate the
original order as to the lands not appealing as justice may
require under the circumstances.
(Source: P.A. 83-345.)
(70 ILCS 605/8-7) (from Ch. 42, par. 8-7)
Sec. 8-7. 
		Assessment of annexed lands.
Lands annexed to a district shall be subject to assessment for their
just proportion of the cost of any work done or to be done by the district.
The lands so annexed shall be assessed with the other lands in the district
unless the assessment of the lands previously in the district has already
been made, in which event the lands so annexed shall be assessed in like
proceedings and with a like right of appeal.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-8) (from Ch. 42, par. 8-8)
Sec. 8-8. 
		Detachment-Petition.
When any land lying within a district is not connected to a district
drain and is not and cannot presently be benefited or protected by any work
of the district, the commissioners or the owner of such land may petition
the court to detach the same from the district. The petition shall include
a description of the land proposed to be detached, the name of the owner,
when known, and the reason or reasons why such land is not and cannot
presently be benefited or protected.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-9) (from Ch. 42, par. 8-9)
Sec. 8-9. 
		Detachment-Setting petition for hearing-Notice. 
		
		Upon the filing of a petition for detachment, it shall be presented to
the court, which shall fix the date and hour for hearing. The clerk of the
court shall give notice of the hearing to the owners of all of the lands in
the district substantially in the form provided in Section 4-21 and in the
manner and for the length of time provided in Section 4-22, except that
when notice is given by publication no notice by mailing shall be required.
The notice shall include a description of the land sought to be detached.
If the petition is filed by the owner of the land sought to be detached,
then 10 days notice shall also be given by the clerk to the commissioners
by mailing a copy of such notice to each commissioner.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-10) (from Ch. 42, par. 8-10)
Sec. 8-10. 
		Detachment-Hearing-Order-Costs-Appeals.
At the hearing, the court shall determine whether the allegations of the
petition are true. Any owner of land within the district and the
commissioners may appear and be heard with reference thereto without filing
formal pleadings. If, at the hearing, the court finds that the land
proposed to be detached has been assessed for benefits and that the work
for which such assessment was levied has not been abandoned, then the land
shall be presumed to have been benefited. If the court finds for the
petitioners, it shall order the land detached. The order shall include a
description of the land so detached. The costs of the proceedings may be
taxed against the petitioners, the detached land or the objectors, as
justice may require, without regard to the outcome of the proceeding. The
order shall be final and separate or joint appeals may be taken by any
person interested, as in other civil cases.
(Source: Laws 1967, p. 3809.)
(70 ILCS 605/8-11) (from Ch. 42, par. 8-11)
Sec. 8-11. 
		Detachment-Land lying in two districts.
When any land lies within the boundaries of 2 districts and such land is
not connected to a district drain in one of the districts and is not and
cannot presently be benefited or protected by the work of that district,
the landowner and the commissioners of that district may jointly petition
the court to detach such land from that district. The petition may be heard
without notice or upon such notice as the court may direct. The remedy
provided by this section shall be considered cumulative, and it shall not
operate to deprive the owner of such land of the right to have his land
detached from a district in the manner provided elsewhere in this Article.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-12) (from Ch. 42, par. 8-12)
Sec. 8-12. 
		Detaching lands from one district and annexing to another district.
When any land lies within a district and such land is not connected to a
district drain and is not and cannot presently be benefited or protected by
the work of that district, but such land is or can be benefited by the work
of another district, the landowners and the commissioners of the 2
districts may enter into an agreement to detach the land from the former
district and to annex the land to the latter district. Such agreement shall
be in writing and shall become effective only upon the approval of the
circuit court of the county or counties in which the districts were
organized. Such approval may be granted upon petition of the landowner or
the commissioners, and the petition may be heard without notice or upon
such notice as the court may direct.
(Source: Laws 1965, p. 678.)
(70 ILCS 605/8-13) (from Ch. 42, par. 8-13)
Sec. 8-13. 
		Detachment-Effect on assessment.
An order detaching land from a district shall not in itself operate to
abate any assessment previously levied against the detached land.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-14) (from Ch. 42, par. 8-14)
Sec. 8-14. 
		
		Annexing lands to and detaching lands from subdistricts and minor
subdistricts.
Lands may be annexed to or detached from subdistricts or minor
subdistricts in the same manner and with the same effect as is hereinbefore
provided for the annexation of lands to and the detachment of lands from
main districts. When land is annexed to a main district, it may, in the
same proceeding and without a separate petition or a separate hearing, be
annexed to a subdistrict or a minor subdistrict. When land is detached from
a main district, it shall, in the same proceeding and without a separate
petition or a separate hearing, be detached from any subdistrict or minor
subdistrict in which such detached land is situated.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-15) (from Ch. 42, par. 8-15)
Sec. 8-15. 
		
		Detachment of lands in municipal corporation exercising drainage powers-
Power of court.
When a drainage district contains lands lying within a municipal
corporation which has constructed drains or levees and which is exercising
storm drainage powers in that territory of the same nature as the drainage
powers being exercised by the drainage district then all the lands within
such municipal corporation and within the drainage district may be detached
from the drainage district by the court upon petition of the landowners in
the territory sought to be detached, the commissioners of the drainage
district or the corporate authorities of the municipal corporation. When
any lands are so detached from a drainage district and the drainage system
of the drainage district is so situated that it will continue to protect
the detached lands from overflow or continue to provide an outlet for the
storm drainage of those lands, the municipal corporation shall be liable to
the drainage district for its proportionate share of the cost of future
construction, repair and maintenance work on the levee or outlet, based
upon the benefits to be received by the detached lands.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-16) (from Ch. 42, par. 8-16)
Sec. 8-16. 
		Detachment of lands in municipal corporation exercising drainage powers-Petition-Signers-Contents. 
		A petition of landowners under Section 8-15 must be signed by not less
than 100 adult owners of land in the territory sought to be detached,
unless there are fewer than 200 adult landowners in such territory, in
which event the petition shall be signed by not less than a majority of the
adult landowners. Each petition under Section 8-15, whether by landowners,
commissioners or corporate authorities, shall contain (a) a description of
the boundaries of the territory sought to be detached, (b) the name of the
drainage district from which detachment is sought, (c) the name of the
municipal corporation in which the lands are situated, (d) a general
description of the drains or levees which the municipal corporation has
constructed and is maintaining in the exercise of its storm drainage
powers, (e) a statement that the storm drainage powers being exercised by
the municipal corporation in the territory sought to be detached are of the
same nature as the drainage powers being exercised by the drainage
district, (f) a statement that the lands sought to be detached constitute
all the lands which lie within both the drainage district and the municipal
corporation, and (g) a request that such lands be detached from the
drainage district. The petition must be verified and shall have attached
thereto a map showing the territory sought to be detached.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-17) (from Ch. 42, par. 8-17)
Sec. 8-17. 
		
		Detachment of lands in municipal corporation exercising drainage powers -
Setting petition for hearing - Notice.  Upon the filing of the petition, it
shall be presented to the court,
which shall fix the date and hour for hearing, which date shall be not less
than 20 nor more than 60 days from the filing thereof. The clerk of the
court shall give notice of the hearing on the petition by publishing a
notice in a newspaper of general circulation published in the county in
which the drainage district is situated. The notice shall be entitled
"Notice of Hearing on Petition to Detach Lands from .... Drainage District"
and shall be addressed "To All Persons Interested". The notice must set
forth (a) in what court and on what date the petition was filed, (b) a
brief summary of the contents of the petition, and (c) the place, date and
hour the petition will be heard. The notice shall be published at least
once each week for 2 successive weeks. The first publication of the notice
shall be at least 2 weeks prior to the date fixed for hearing. When the
drainage district is situated in 2 or more counties, then such notice shall
be given as aforesaid by publishing the same in a newspaper of general
circulation published in each of said counties. If no newspaper of general
circulation is published in any such county then publication of the notice
shall be in a newspaper having general circulation in that county. Within 4
days after the first publication of the notice, the clerk shall mail a copy
thereof to each commissioner of the drainage district and to the corporate
authorities of the municipal corporation.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-18) (from Ch. 42, par. 8-18)
Sec. 8-18. 
		
		Detachment of lands in municipal corporation exercising drainage powers-
Objections to petition.
Any landowner in the drainage district, the drainage district or the
municipal corporation may file objections to the petition at or prior to
the time fixed for hearing and, after filing such objections, may be heard
with reference thereto and introduce evidence thereon.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-19) (from Ch. 42, par. 8-19)
Sec. 8-19. 
		
		Detachment of lands in municipal corporation exercising drainage powers-
Hearing-Order.
If upon hearing the petition, the court finds that it is not properly
signed, that the allegations of the petition are not true or that the
proposed detachment is not in the best interest of the district and of the
lands proposed to be detached, then the court shall deny the petition. If
the court finds for the petitioners and has not been requested in writing
to ascertain the proportionate share of the cost of reconstruction, repair
and maintenance work on the levee or outlet of the drainage district which
shall be borne by the municipal corporation in the future, then the court
shall order the lands detached from the district. If, however, the court
finds for the petitioners and has been requested in writing to ascertain
such proportionate share and appropriate pleadings have been filed, then
the court shall continue the hearing for the purpose of hearing additional
evidence and ascertaining such proportionate share. When the court has
ascertained the proportionate share of the cost of such work which the
municipal corporation should bear or such proportion has been fixed by an
agreement between the commissioners of the drainage district and the
corporate authorities of the municipal corporation and approved by the
court, the court shall order the lands detached from the district and by
that order establish such proportionate share in accordance with its
findings or in accordance with the approved agreement. The failure of a
district to proceed with a claim against a municipal corporation for the
proportionate share of the cost of future work under this section shall not
bar the district from bringing an action against the municipal corporation
in the manner provided in Article II of this Act.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-20) (from Ch. 42, par. 8-20)
Sec. 8-20. 
		
		Detachment of lands in municipal corporation exercising drainage powers-
Effect of order detaching.
The detachment order so entered shall not operate to abate, or to
release the lien of, any assessment previously levied against the lands
detached or to relieve such lands from liability for assessment by the
drainage district for the purpose of paying indebtedness or obligations of
the drainage district outstanding at the time of detachment. Immediately
upon the entry of the detachment order, all drains, levees, drainage
structures and easements of the drainage district in the detached area
shall become the property of the municipal corporation without the payment
of compensation therefor, and the municipal corporation shall thereafter be
charged with the duty of keeping such property in repair.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-21) (from Ch. 42, par. 8-21)
Sec. 8-21. 
		
		Detachment of lands in municipal corporation exercising drainage powers-
Appeals.
Any order entered on such a detachment petition shall be final, whether
granting or denying detachment, and separate or joint appeals may be taken
as in other civil cases.
(Source: Laws 1967, p. 3809.)
(70 ILCS 605/8-22) (from Ch. 42, par. 8-22)
Sec. 8-22. 
		
		Detachment of Lands in Municipal Corporation Exercising
Drainage Powers - Enforcement of Order - Modification.
The proportionate share of the cost of future work by the drainage
district to be borne by the municipal corporation shall constitute the
measure of liability of the municipal corporation to the drainage
district and may be enforced by mandamus. The proportionate share as
fixed by the court may be set aside or modified by a subsequent contract
approved by the court or may be set aside or modified by the court upon
application by the drainage district or by the municipal corporation
when circumstances have so changed as to make the proportionate share
inequitable or unjust as to either party. Notice of the hearing on any
petition to modify the proportionate share shall be given as the court
may direct.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/8-22.1) (from Ch. 42, par. 8-22.1)
Sec. 8-22.1. 
		
		In districts where the county collector collects all drainage
assessments provided for by this Act, the commissioners of the main district
shall provide the county clerk of the county in which a district, subdistrict
or minor subdistrict lies with a legal description of the boundaries of
such district, subdistrict or minor subdistrict.  Within 60 days of any
change in such boundaries, the commissioner shall provide the county clerk
with a legal description of the new boundaries.
(Source: P.A. 81-983.)