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Tuesday, February 28, 2012

Ancel Glink's "In the Zone" E-News (1st Qtr 2012) Released

Check out the most recent issue of Ancel Glink's e-newsletter, In the Zone: Current Trends in Land Use Law, for updates on new laws and recent cases in the land use and economic development area.  Here is a sneak peak into this edition:

Wake of the Flood:  Flood Waters, Bloated Budgets and a Plan to Save Your Community

Learn the three steps to cutting stormwater management costs in your community, including "Fix Your Code", "Shift Your Expenses" and "Educate the Public."

Conflicts of Interest Under the TIF Act

Read this article to understand the type and nature of conflicts that are prohibited under the TIF Act and how a municipality can adopt local policies to clarify the conflict rules.

New Decisions

This issue updates our readers on three new cases and opinions. 
  • The Attorney General issued an opinion that school districts are subject to local zoning ordinances. 
  • An Illinois appellate court held that non-home rule municipalities have authority to prohibit the drilling of oil and gas within its boundaries. 
  • Another appellate court upheld Chicago's weed ordinance.
New and Proposed Legislation

This issue also reports on new laws and proposed legislation of interest to land use professionals, including the following:   
  • New Voting and Notice Requirements for Annexations:  H.B. 5188 would amend the annexation provisions of the Illinois Municipal Code to increase the voting requirements for certain annexations from a majority of owners and/or electors to 60%.  The bill would also require a public hearing with prior notice before a municipality can voluntary annex property under 65 ILCS 5/7-1-8.
  • TIF Amendments: There are a number of bills that have been introduced to amend the TIF statute.  The one that might have the most traction is H.B. 4694 that would amend the joint review board provisions to require a 3/5 vote of the JRB to make a recommendation on a TIF plan.  The bill also provides that a failure by the JRB to make a timely report to the corporate authorities is deemed a negative recommendation.
  • Lender Responsibility for Homes in Foreclosure:  H.B. 5339 would place responsibility on lenders for protecting and securing residential properties once foreclosure proceedings have commenced.


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