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Public Act 095-0174


 

Public Act 0174 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0174
 
HB3573 Enrolled LRB095 10006 HLH 32139 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Section 7-1-1 as follows:
 
    (65 ILCS 5/7-1-1)  (from Ch. 24, par. 7-1-1)
    Sec. 7-1-1. Annexation of contiguous territory. Any
territory that is not within the corporate limits of any
municipality but is contiguous to a municipality may be annexed
to the municipality as provided in this Article. For the
purposes of this Article any territory to be annexed to a
municipality shall be considered to be contiguous to the
municipality notwithstanding that the territory is separated
from the municipality by a strip parcel, railroad or public
utility right-of-way, or former railroad right-of-way that has
been converted to a recreational trail, but upon annexation the
area included within that strip parcel, right-of-way, or former
right-of-way shall not be considered to be annexed to the
municipality. For purposes of this Section, "strip parcel"
means a separation no wider than 30 feet between the territory
to be annexed and the municipal boundary.
    Except in counties with a population of more than 600,000
but less than 3,000,000, territory which is not contiguous to a
municipality but is separated therefrom only by a forest
preserve district, federal wildlife refuge, or open land or
open space that is part of an open space program, as defined in
Section 115-5 of the Township Code, may be annexed to the
municipality pursuant to Section 7-1-7 or 7-1-8, but only if
the annexing municipality can show that the forest preserve
district, federal wildlife refuge, open land, or open space
creates an artificial barrier preventing the annexation and
that the location of the forest preserve district, federal
wildlife refuge, open land, or open space property prevents the
orderly natural growth of the annexing municipality. It shall
be conclusively presumed that the forest preserve district,
federal wildlife refuge, open land, or open space does not
create an artificial barrier if the property sought to be
annexed is bounded on at least 3 sides by (i) one or more other
municipalities (other than the municipality seeking annexation
through the existing forest preserve district, federal
wildlife refuge, open land, or open space), (ii) forest
preserve district property, federal wildlife refuge, open
land, or open space, or (iii) a combination of other
municipalities and forest preserve district property, federal
wildlife refuge property, open land, or open space. It shall
also be conclusively presumed that the forest preserve
district, federal wildlife refuge, open land, or open space
does not create an artificial barrier if the municipality
seeking annexation is not the closest municipality within the
county to the property to be annexed. The territory included
within such forest preserve district, federal wildlife refuge,
open land, or open space shall not be annexed to the
municipality nor shall the territory of the forest preserve
district, federal wildlife refuge, open land, or open space be
subject to rights-of-way for access or services between the
parts of the municipality separated by the forest preserve
district, federal wildlife refuge, open land, or open space
without the consent of the governing body of the forest
preserve district or federal wildlife refuge. The changes made
to this Section by this amendatory Act of 91st General Assembly
are declaratory of existing law and shall not be construed as a
new enactment.
    In counties that are contiguous to the Mississippi River
with populations of more than 200,000 but less than 255,000, a
municipality that is partially located in territory that is
wholly surrounded by the Mississippi River and a canal,
connected at both ends to the Mississippi River and located on
property owned by the United States of America, may annex
noncontiguous territory in the surrounded territory under
Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is separated
from the municipality by property owned by the United States of
America, but that federal property shall not be annexed without
the consent of the federal government.
    For the purposes of this Article, any territory to be
annexed to a municipality that is located in a county with more
than 500,000 inhabitants shall be considered to be contiguous
to the municipality if only a river and a national heritage
corridor separate the territory from the municipality. Upon
annexation, no river or national heritage corridor shall be
considered annexed to the municipality.
    When any land proposed to be annexed is part of any Fire
Protection District or of any Public Library District and the
annexing municipality provides fire protection or a public
library, as the case may be, the Trustees of each District
shall be notified in writing by certified or registered mail
before any court hearing or other action is taken for
annexation. The notice shall be served 10 days in advance. An
affidavit that service of notice has been had as provided by
this Section must be filed with the clerk of the court in which
the annexation proceedings are pending or will be instituted
or, when no court proceedings are involved, with the recorder
for the county where the land is situated. No annexation of
that land is effective unless service is had and the affidavit
filed as provided in this Section.
    The new boundary shall extend to the far side of any
adjacent highway and shall include all of every highway within
the area annexed. These highways shall be considered to be
annexed even though not included in the legal description set
forth in the petition for annexation. When any land proposed to
be annexed includes any highway under the jurisdiction of any
township, the Township Commissioner of Highways, and the Board
of Town Trustees, the Township Supervisor, and the Township
Clerk shall be notified in writing by certified or registered
mail before any court hearing or other action is taken for
annexation. In the event that a municipality fails to notify
the Township Commissioner of Highways, and the Board of Town
Trustees, the Township Supervisor, and the Township Clerk of
the annexation of an area within the township, the municipality
shall reimburse that township for any loss or liability caused
by the failure to give notice. If any municipality has annexed
any area before October 1, 1975, and the legal description in
the petition for annexation did not include the entire adjacent
highway, any such annexation shall be valid and any highway
adjacent to the area annexed shall be considered to be annexed
notwithstanding the failure of the petition to annex to include
the description of the entire adjacent highway.
    Any annexation, disconnection and annexation, or
disconnection under this Article of any territory must be
reported by certified or registered mail by the corporate
authority initiating the action to the election authorities
having jurisdiction in the territory and the post office
branches serving the territory within 30 days of the
annexation, disconnection and annexation, or disconnection.
    Failure to give notice to the required election authorities
or post office branches will not invalidate the annexation or
disconnection. For purposes of this Section "election
authorities" means the county clerk where the clerk acts as the
clerk of elections or the clerk of the election commission
having jurisdiction.
    No annexation, disconnection and annexation, or
disconnection under this Article of territory having electors
residing therein made (1) before any primary election to be
held within the municipality affected thereby and after the
time for filing petitions as a candidate for nomination to any
office to be chosen at the primary election or (2) within 60
days before any general election to be held within the
municipality shall be effective until the day after the date of
the primary or general election, as the case may be.
    For the purpose of this Section, a toll highway or
connection between parcels via an overpass bridge over a toll
highway shall not be considered a deterrent to the definition
of contiguous territory.
    When territory is proposed to be annexed by court order
under this Article, the corporate authorities or petitioners
initiating the action shall notify each person who pays real
estate taxes on property within that territory unless the
person is a petitioner. The notice shall be served by certified
or registered mail, return receipt requested, at least 20 days
before a court hearing or other court action. If the person who
pays real estate taxes on the property is not the owner of
record, then the payor shall notify the owner of record of the
proposed annexation.
(Source: P.A. 93-1098, eff. 1-1-06; 94-361, eff. 1-1-06;
94-1065, eff. 8-1-06.)

Effective Date: 1/1/2008