Illinois General Assembly - Full Text of HB5098
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Full Text of HB5098  102nd General Assembly

HB5098enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5098 EnrolledLRB102 24594 AWJ 33829 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 7-1-1 as follows:
 
6    (65 ILCS 5/7-1-1)  (from Ch. 24, par. 7-1-1)
7    Sec. 7-1-1. Annexation of contiguous territory. Any
8territory that is not within the corporate limits of any
9municipality but is contiguous to a municipality may be
10annexed to the municipality as provided in this Article. For
11the purposes of this Article any territory to be annexed to a
12municipality shall be considered to be contiguous to the
13municipality notwithstanding that the territory is separated
14from the municipality by a lake, river, or other waterway or
15the territory is separated from the municipality by a strip
16parcel, railroad or public utility right-of-way, or former
17railroad right-of-way that has been converted to a
18recreational trail, but upon annexation the area included
19within that strip parcel, right-of-way, or former right-of-way
20shall not be considered to be annexed to the municipality. For
21purposes of this Section, "strip parcel" means a separation no
22wider than 30 feet between the territory to be annexed and the
23municipal boundary.

 

 

HB5098 Enrolled- 2 -LRB102 24594 AWJ 33829 b

1    Except in counties with a population of more than 600,000
2but less than 3,000,000, territory which is not contiguous to
3a municipality but is separated therefrom only by a forest
4preserve district, federal wildlife refuge, open land or open
5space that is part of an open space program, as defined in
6Section 115-5 of the Township Code, or conservation area, may
7be annexed to the municipality pursuant to Section 7-1-7 or
87-1-8, but only if the annexing municipality can show that the
9forest preserve district, federal wildlife refuge, open land,
10open space, or conservation area creates an artificial barrier
11preventing the annexation and that the location of the forest
12preserve district, federal wildlife refuge, open land, open
13space, or conservation area property prevents the orderly
14natural growth of the annexing municipality. Except for
15parcels of land less than one acre in size, it shall be
16conclusively presumed that the forest preserve district,
17federal wildlife refuge, open land, open space, or
18conservation area does not create an artificial barrier if the
19property sought to be annexed is bounded on at least 3 sides by
20(i) one or more other municipalities (other than the
21municipality seeking annexation through the existing forest
22preserve district, federal wildlife refuge, open land, open
23space, or conservation area), (ii) forest preserve district
24property, federal wildlife refuge, open land, open space, or
25conservation area, or (iii) a combination of other
26municipalities and forest preserve district property, federal

 

 

HB5098 Enrolled- 3 -LRB102 24594 AWJ 33829 b

1wildlife refuge property, open land, open space, or
2conservation area. Except of parcels of land less than one
3acre in size, it shall also be conclusively presumed that the
4forest preserve district, federal wildlife refuge, open land,
5open space, or conservation area does not create an artificial
6barrier if the municipality seeking annexation is not the
7closest municipality within the county to the property to be
8annexed. The territory included within such forest preserve
9district, federal wildlife refuge, open land, open space, or
10conservation area shall not be annexed to the municipality nor
11shall the territory of the forest preserve district, federal
12wildlife refuge, open land, open space, or conservation area
13be subject to rights-of-way for access or services between the
14parts of the municipality separated by the forest preserve
15district, federal wildlife refuge, open land, open space, or
16conservation area without the consent of the governing body of
17the forest preserve district or federal wildlife refuge.
18Parcels of land less than one acre in size may be annexed to
19the municipality pursuant to Section 7-1-7 or 7-1-8 if it
20would be contiguous to the municipality but for the separation
21therefrom by a forest preserve district, federal wildlife
22refuge, open land or open space that is part of an open space
23program, as defined in Section 115-5 of the Township Code, or
24conservation area. The changes made to this Section by Public
25Act 91-824 are declaratory of existing law and shall not be
26construed as a new enactment.

 

 

HB5098 Enrolled- 4 -LRB102 24594 AWJ 33829 b

1    For the purpose of this Section, "conservation area" means
2an area dedicated to conservation and owned by a
3not-for-profit organized under Section 501(c)(3) of the
4Internal Revenue Code of 1986, or any area owned by a
5conservation district.
6    In counties that are contiguous to the Mississippi River
7with populations of more than 200,000 but less than 255,000, a
8municipality that is partially located in territory that is
9wholly surrounded by the Mississippi River and a canal,
10connected at both ends to the Mississippi River and located on
11property owned by the United States of America, may annex
12noncontiguous territory in the surrounded territory under
13Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is separated
14from the municipality by property owned by the United States
15of America, but that federal property shall not be annexed
16without the consent of the federal government.
17    For the purposes of this Article, any territory to be
18annexed to a municipality that is located in a county with more
19than 500,000 inhabitants shall be considered to be contiguous
20to the municipality if only a river and a national heritage
21corridor separate the territory from the municipality. Upon
22annexation, no river or national heritage corridor shall be
23considered annexed to the municipality.
24    When any land proposed to be annexed is part of any Fire
25Protection District or of any Public Library District and the
26annexing municipality provides fire protection or a public

 

 

HB5098 Enrolled- 5 -LRB102 24594 AWJ 33829 b

1library, as the case may be, the Trustees of each District
2shall be notified in writing by certified or registered mail
3before any court hearing or other action is taken for
4annexation. The notice shall be served 10 days in advance. An
5affidavit that service of notice has been had as provided by
6this Section must be filed with the clerk of the court in which
7the annexation proceedings are pending or will be instituted
8or, when no court proceedings are involved, with the recorder
9for the county where the land is situated. No annexation of
10that land is effective unless service is had and the affidavit
11filed as provided in this Section.
12    The new boundary shall extend to the far side of any
13adjacent highway and shall include all of every highway within
14the area annexed. These highways shall be considered to be
15annexed even though not included in the legal description set
16forth in the petition for annexation. When any land proposed
17to be annexed includes any highway under the jurisdiction of
18any township, the Township Commissioner of Highways, the Board
19of Town Trustees, the Township Supervisor, and the Township
20Clerk shall be notified in writing by certified or registered
21mail before any court hearing or other action is taken for
22annexation. In the event that a municipality fails to notify
23the Township Commissioner of Highways, the Board of Town
24Trustees, the Township Supervisor, and the Township Clerk of
25the annexation of an area within the township, the
26municipality shall reimburse that township for any loss or

 

 

HB5098 Enrolled- 6 -LRB102 24594 AWJ 33829 b

1liability caused by the failure to give notice. If any
2municipality has annexed any area before October 1, 1975, and
3the legal description in the petition for annexation did not
4include the entire adjacent highway, any such annexation shall
5be valid and any highway adjacent to the area annexed shall be
6considered to be annexed notwithstanding the failure of the
7petition to annex to include the description of the entire
8adjacent highway.
9    When annexing territory separated from the municipality by
10a lake, river, or other waterway, the municipality also
11annexes the portion of the lake, river, or other waterway that
12would make the municipality and territory contiguous if the
13lake, river, or other waterway is under the jurisdiction and
14control of another unit of local government or the State, or
15the federal government if allowed under federal law, except
16for any territory within the corporate limits of another
17municipality.
18    Any annexation, disconnection and annexation, or
19disconnection under this Article of any territory must be
20reported by certified or registered mail by the corporate
21authority initiating the action to the election authorities
22having jurisdiction in the territory, the Department of
23Transportation, and the post office branches serving the
24territory within 30 days of the annexation, disconnection and
25annexation, or disconnection.
26    Failure to give notice to the required election

 

 

HB5098 Enrolled- 7 -LRB102 24594 AWJ 33829 b

1authorities or post office branches will not invalidate the
2annexation or disconnection. For purposes of this Section
3"election authorities" means the county clerk where the clerk
4acts as the clerk of elections or the clerk of the election
5commission having jurisdiction.
6    No annexation, disconnection and annexation, or
7disconnection under this Article of territory having electors
8residing therein made (1) before any primary election to be
9held within the municipality affected thereby and after the
10time for filing petitions as a candidate for nomination to any
11office to be chosen at the primary election or (2) within 60
12days before any general election to be held within the
13municipality shall be effective until the day after the date
14of the primary or general election, as the case may be.
15    For the purpose of this Section, a toll highway or
16connection between parcels via an overpass bridge over a toll
17highway shall not be considered a deterrent to the definition
18of contiguous territory.
19    When territory is proposed to be annexed by court order
20under this Article, the corporate authorities or petitioners
21initiating the action shall notify each person who pays real
22estate taxes on property within that territory unless the
23person is a petitioner. The notice shall be served by
24certified or registered mail, return receipt requested, at
25least 20 days before a court hearing or other court action. If
26the person who pays real estate taxes on the property is not

 

 

HB5098 Enrolled- 8 -LRB102 24594 AWJ 33829 b

1the owner of record, then the payor shall notify the owner of
2record of the proposed annexation.
3(Source: P.A. 99-63, eff. 1-1-16; 100-53, eff. 1-1-18.)