Illinois Compiled Statutes
70 ILCS 605/5-1 (2026)
Scope of Article - Kinds of Assessments - Limits on Assessments
✓ current as of May 2026
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(70 ILCS 605/5-1)
(from Ch. 42, par. 5-1)
Sec. 5-1.
Scope of Article - Kinds of Assessments - Limits on
Assessments. The commissioners of a district may levy and collect
assessments in the manner provided by this Article. Assessments shall be
known and designated as "original assessments", "annual maintenance
assessments" or "additional assessments". The designation "original
assessment" shall apply only to the first assessment levied for the
construction of the original work of the district and may include fees for
the recording of documents as provided in this Act. The designation "annual
maintenance assessment" shall apply only to assessments levied for the
performance of the annual maintenance work of the district, including the
purchase of necessary equipment and supplies to perform such annual
maintenance work, the operation of pumping plants, to accumulate a
contingency fund and to pay the current expenses of the district. The
designation "additional assessment" shall apply to all assessments other
than original assessments and annual maintenance assessments and shall
include assessments for the completion of
original, additional or repair work, the performance of additional or
repair work, the construction, enlargement or repair of pumping plants,
the payment of lawful obligations incurred by the district and for all
other lawful purposes as set forth in this Act. No land or other
property shall be assessed for benefits more than its just proportion of
the entire assessment or in excess of the benefits thereto.
(Source: P.A. 86-297.)
Notes of Decisions
Cited in 2
cases, 2008–2011 · leading case: Kansas City S. Ry. Co. v. Koeller, 653 F.3d 496 (7th Cir. 2011).
Kansas City S. Ry. Co. v. Koeller, 653 F.3d 496 (7th Cir. 2011). “70 ILCS 605/5-1, 5-19. In order to increase an existing “annual maintenance assessment,” Sny Island commissioners must petition the Pike County Court for authorization.”
Upper Salt Fork Drainage Dist. v. DiNovo (Ill. App. Ct. 2008). “If that assertion were correct, plans, profiles, and specifications would be superfluous not only to a petition to increase an annual maintenance assessment but also to a petition to levy an additional assessment, in which a District proposes doing "repair work" (70 ILCS 605/5-1…”
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