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Division

Local Improvement Procedures Restricted to Certain Municipalities

  • 65 ILCS 5/9-2-1
  • 65 ILCS 5/9-2-2— 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 determined by the provisions of Section 9-2-1
  • 65 ILCS 5/9-2-3
  • 65 ILCS 5/9-2-4
  • 65 ILCS 5/9-2-4.5— Special assessment for payment of costs associated with certain ordinance violations
  • 65 ILCS 5/9-2-5
  • 65 ILCS 5/9-2-6
  • 65 ILCS 5/9-2-7— In cities having a population of 500,000 or more, there is created a board of local improvements consisting of the superintendent of special assessments and 5 other members
  • 65 ILCS 5/9-2-8
  • 65 ILCS 5/9-2-9— Preliminary procedure for local improvements by special assessment
  • 65 ILCS 5/9-2-10— At the time and place fixed in the specified notice for the public hearing, the board of local improvements shall meet and hear the representations of any person desiring to be heard on the subject of the necessity for the proposed improvement, the nature thereof, or the cost as estimated
  • 65 ILCS 5/9-2-11— Accompanying any ordinance for a local improvement presented by the board of local improvements to the corporate authorities shall be a recommendation of such improvement by the board, signed by at least a majority of the members thereof
  • 65 ILCS 5/9-2-12
  • 65 ILCS 5/9-2-13— Publication and posting of ordinances
  • 65 ILCS 5/9-2-14— If the ordinance provides for improvements which require the taking or damaging of property, the proceeding for making just compensation therefor shall be as described in Sections 9-2-15 through 9-2-37
  • 65 ILCS 5/9-2-15
  • 65 ILCS 5/9-2-16
  • 65 ILCS 5/9-2-17
  • 65 ILCS 5/9-2-18— The commissioners shall make an investigation as required and prepare and file in court their report accordingly
  • 65 ILCS 5/9-2-19
  • 65 ILCS 5/9-2-20
  • 65 ILCS 5/9-2-21— 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 street or alley, may appraise the value of the land so donated
  • 65 ILCS 5/9-2-22
  • 65 ILCS 5/9-2-23
  • 65 ILCS 5/9-2-24— 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 defendant in the proceeding
  • 65 ILCS 5/9-2-25
  • 65 ILCS 5/9-2-26
  • 65 ILCS 5/9-2-27— 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 all owners of property to be taken or damaged
  • 65 ILCS 5/9-2-28— 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 the defendants or parties in interest
  • 65 ILCS 5/9-2-29— 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 proceeding will be taken or damaged by the improvement
  • 65 ILCS 5/9-2-30— 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
  • 65 ILCS 5/9-2-31
  • 65 ILCS 5/9-2-32— 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 claimants
  • 65 ILCS 5/9-2-33
  • 65 ILCS 5/9-2-34— 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, upon the payment of the net amount of the finding, as hereinafter provided
  • 65 ILCS 5/9-2-35
  • 65 ILCS 5/9-2-36
  • 65 ILCS 5/9-2-37
  • 65 ILCS 5/9-2-38
  • 65 ILCS 5/9-2-39
  • 65 ILCS 5/9-2-40
  • 65 ILCS 5/9-2-41
  • 65 ILCS 5/9-2-42
  • 65 ILCS 5/9-2-43
  • 65 ILCS 5/9-2-44
  • 65 ILCS 5/9-2-45
  • 65 ILCS 5/9-2-46— 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
  • 65 ILCS 5/9-2-47
  • 65 ILCS 5/9-2-48
  • 65 ILCS 5/9-2-48(1— )
  • 65 ILCS 5/9-2-49
  • 65 ILCS 5/9-2-50
  • 65 ILCS 5/9-2-51
  • 65 ILCS 5/9-2-52
  • 65 ILCS 5/9-2-53
  • 65 ILCS 5/9-2-54— 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 objections shall be correspondingly extended
  • 65 ILCS 5/9-2-55— 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 the last preceding section, or within such further time as the court may allow
  • 65 ILCS 5/9-2-56
  • 65 ILCS 5/9-2-57
  • 65 ILCS 5/9-2-58
  • 65 ILCS 5/9-2-59
  • 65 ILCS 5/9-2-60— 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
  • 65 ILCS 5/9-2-61
  • 65 ILCS 5/9-2-62— 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 such land have begun and have proceeded to judgment
  • 65 ILCS 5/9-2-63— It is no objection to the legality of any local improvement that a similar improvement has been previously made in the same locality, if the ordinance therefor is recommended by the board of local improvements, as above provided
  • 65 ILCS 5/9-2-64— In case of a special assessment or a special tax levied to be paid by installments, under the provisions of this Division 2, the order of confirmation that is entered upon the return of the assessment roll shall apply to all of the installments thereof, and may be entered in one order
  • 65 ILCS 5/9-2-65— Judgment for special tax or assessment
  • 65 ILCS 5/9-2-66— A municipality may file a petition in the circuit court praying for the entry of an order authorizing the municipality to sell and assign special assessment liens
  • 65 ILCS 5/9-2-67
  • 65 ILCS 5/9-2-68
  • 65 ILCS 5/9-2-69
  • 65 ILCS 5/9-2-70— The assignee of a special assessment lien may, not later than 5 years after the date of the sale and assignment of the special assessment lien by the municipality, file a complaint to foreclose the lien
  • 65 ILCS 5/9-2-71— The cost and expense attending the sale and assignment of a special assessment lien by a municipality, not exceeding 10% of the amount of the lien, shall be assessed as costs and shall be paid by the assignee
  • 65 ILCS 5/9-2-72
  • 65 ILCS 5/9-2-73
  • 65 ILCS 5/9-2-74
  • 65 ILCS 5/9-2-75
  • 65 ILCS 5/9-2-76
  • 65 ILCS 5/9-2-77
  • 65 ILCS 5/9-2-78
  • 65 ILCS 5/9-2-79
  • 65 ILCS 5/9-2-80
  • 65 ILCS 5/9-2-81
  • 65 ILCS 5/9-2-82
  • 65 ILCS 5/9-2-83
  • 65 ILCS 5/9-2-84
  • 65 ILCS 5/9-2-85
  • 65 ILCS 5/9-2-86
  • 65 ILCS 5/9-2-87
  • 65 ILCS 5/9-2-88
  • 65 ILCS 5/9-2-89
  • 65 ILCS 5/9-2-90— After making the specified sale, the list of lots, parcels of land, and property sold thereat shall be returned to the office of the county clerk and redemption may be made as provided for by the general revenue laws of the State
  • 65 ILCS 5/9-2-91
  • 65 ILCS 5/9-2-92
  • 65 ILCS 5/9-2-93
  • 65 ILCS 5/9-2-94
  • 65 ILCS 5/9-2-95
  • 65 ILCS 5/9-2-96
  • 65 ILCS 5/9-2-97
  • 65 ILCS 5/9-2-98
  • 65 ILCS 5/9-2-99
  • 65 ILCS 5/9-2-100
  • 65 ILCS 5/9-2-101
  • 65 ILCS 5/9-2-102
  • 65 ILCS 5/9-2-103— Except as otherwise provided in Section 9-2-113, notice shall be given by the board of local improvements that bids will be received for the construction of such an improvement, either as a whole or in such sections as the board shall specify in its notice, in accordance with the ordinance therefor
  • 65 ILCS 5/9-2-104— Except as otherwise provided in Section 9-2-113, the successful bidder for the construction of such an improvement shall be required to enter into bond in a sum equal to one-third of the amount of his bid with sureties to be approved by the president of the board of local improvements
  • 65 ILCS 5/9-2-105— Except as otherwise provided in Section 9-2-113, the board of local improvements may reject any and all proposals or bids, should they deem it best for the public good
  • 65 ILCS 5/9-2-106
  • 65 ILCS 5/9-2-107— Except as otherwise provided in Section 9-2-113, any owner or person interested in any of the property assessed and any bidder shall be entitled to a hearing before the board on any question connected with any such award
  • 65 ILCS 5/9-2-108
  • 65 ILCS 5/9-2-109
  • 65 ILCS 5/9-2-110
  • 65 ILCS 5/9-2-111
  • 65 ILCS 5/9-2-112— Except as otherwise provided in Section 9-2-38, the board of local improvements in cities of 500,000 and over, may appoint an engineer for the board, and such assistant engineers, clerks, and inspectors as may be necessary to carry into effect the purposes of this Division 2
  • 65 ILCS 5/9-2-113— In any case where an improvement is to be constructed with the aid and assistance of any agency of the Federal Government, or any other governmental agency, the provisions of Sections 9-2-100 through 9-2-112 shall not apply where they conflict with this section
  • 65 ILCS 5/9-2-114
  • 65 ILCS 5/9-2-115
  • 65 ILCS 5/9-2-116— If upon the hearing the court finds against the allegations of the certificate, it shall enter an order accordingly
  • 65 ILCS 5/9-2-117— Where an improvement has been constructed with the aid of any agency of the Federal government, or other governmental agency, the provisions of Sections 9-2-114 through 9-2-116 shall not apply except as to the manner of the final hearing
  • 65 ILCS 5/9-2-118
  • 65 ILCS 5/9-2-119
  • 65 ILCS 5/9-2-120
  • 65 ILCS 5/9-2-121
  • 65 ILCS 5/9-2-122— The court shall hear the proceeding in a summary manner without a jury and there shall be no hearing on benefits or on any legal objections not arising subsequent and incidental to the proceeding provided for in Sections 9-2-120 through 9-2-124
  • 65 ILCS 5/9-2-123
  • 65 ILCS 5/9-2-124— Any assessment and all installments, the time for collection of which has been extended, shall continue to be a lien on the land assessed the same as in the original assessment and the refunding securities issued under the provisions of Section 9-2-120 through 9-2-124 shall be payable therefrom
  • 65 ILCS 5/9-2-125
  • 65 ILCS 5/9-2-126
  • 65 ILCS 5/9-2-127
  • 65 ILCS 5/9-2-128— The bonds authorized in Section 9-2-127 may be in the following form: United States of America Number Dollars
  • 65 ILCS 5/9-2-129
  • 65 ILCS 5/9-2-130— The bonds may be sold, or paid to the contractor having the contract for the improvement for which the assessment was levied, at not less than their par value and interest accrued to time of delivery, whether sold, or paid to the contractor
  • 65 ILCS 5/9-2-131— Payment for any improvement done or performed under the provisions of this Division 2, to be paid for out of any special assessment or special tax levied in installments, as provided in this Division 2, may be made in the bonds provided for in this Division 2
  • 65 ILCS 5/9-2-132
  • 65 ILCS 5/9-2-133
  • 65 ILCS 5/9-2-134
  • 65 ILCS 5/9-2-135— No person accepting the vouchers or bonds as provided in this Division 2 shall have any claim or lien upon the municipality in any event for the payment of his vouchers or bonds or the interest thereon, except from the collection of the assessment against which the vouchers or bonds are issued
  • 65 ILCS 5/9-2-136
  • 65 ILCS 5/9-2-137
  • 65 ILCS 5/9-2-138
  • 65 ILCS 5/9-2-139
  • 65 ILCS 5/9-2-140— Appeals from final judgments or orders of any court made in the proceedings provided for by this Division 2, may be taken in the manner provided in other civil cases, by the municipality or by any of the owners or parties interested in land taken, damaged, or assessed therein
  • 65 ILCS 5/9-2-141
  • 65 ILCS 5/9-2-142
  • 65 ILCS 5/9-2-143
  • 65 ILCS 5/9-2-144