Sen. Christine Radogno

Filed: 5/12/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1410

2    AMENDMENT NO. ______. Amend Senate Bill 1410 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Section 7-1-46 as follows:
 
6    (65 ILCS 5/7-1-46)  (from Ch. 24, par. 7-1-46)
7    Sec. 7-1-46. Limitation; contesting annexation.
8    (a) Neither the People of the State of Illinois nor any
9person, firm or corporation, public or private, nor any
10association of persons shall commence an action contesting
11either directly or indirectly the annexation of any territory
12to a municipality unless initiated within one year after the
13date such annexation becomes final or within one year of the
14effective date of this amendatory Act of 1965 whichever date
15occurs latest. This amendatory Act of 1965 shall apply to
16annexations made prior to the effective date of the Act as well

 

 

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1as those made on or after the effective date. Where a
2limitation of a shorter period is prescribed by statute such
3shorter limitation applies. The limitation set forth in this
4section shall apply to any annexation, even where the judge,
5body or officer annexing the territory did not at the time of
6such annexation have jurisdiction of the subject matter, and
7irrespective of whether such annexation may otherwise be
8defective or void, except that the limitation of this
9subsection (a) Section shall not apply to annexations of
10territory which was not contiguous at the time of annexation
11and is not contiguous at the time an action is brought to
12contest such annexation notwithstanding any other subsection
13of this Section.
14    (b) If an action contesting an annexation claims that the
15territory is not contiguous to the annexing municipality and
16if: (i) that municipality is located in more than one county
17with a population of more than 3,000,000 or in a county
18contiguous to a county with a population of more than
193,000,000; and (ii) the action is initiated more than one year
20after the date the annexation becomes final, then the action
21shall not be permitted if the annexing municipality is
22providing, or has started construction to provide, sewer,
23water, or other utility service to the territory and the action
24fails to include at the time of the filing of the action
25written acknowledgement and consent of a majority of the owners
26of, and a majority of the electors within, the annexed

 

 

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1territory. If a unit of government is contesting an annexation
2as provided in this subsection (b), the annexation shall be
3sustained unless the unit of government demonstrates that the
4annexation has, or will have, a detrimental impact on the
5orderly growth of the unit of government.
6(Source: P.A. 82-211.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".