Full Text of HB3573 95th General Assembly
HB3573 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3573
Introduced 2/28/2007, by Rep. Richard P. Myers SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/7-1-1 |
from Ch. 24, par. 7-1-1 |
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Amends the Illinois Municipal Code. Provides that the Township Supervisor and the Township Clerk shall be notified when a municipality annexes territory that includes a township highway or other area within the township.
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A BILL FOR
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HB3573 |
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LRB095 10006 HLH 32139 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 7-1-1 as follows:
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| (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
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| Sec. 7-1-1. Annexation of contiguous territory. Any | 8 |
| territory that is not within the corporate limits of any | 9 |
| municipality but
is contiguous to a municipality may be annexed | 10 |
| to the municipality as provided
in this Article. For the | 11 |
| purposes of this Article any territory to be annexed
to a | 12 |
| municipality shall be considered to be contiguous to the | 13 |
| municipality
notwithstanding that the territory is separated | 14 |
| from the municipality by a
strip parcel, railroad or public | 15 |
| utility right-of-way, or former railroad right-of-way that has | 16 |
| been converted to a recreational trail, but upon annexation the | 17 |
| area included
within that strip parcel, right-of-way, or former | 18 |
| right-of-way shall not be considered to be annexed to the
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| municipality. For purposes of this Section, "strip parcel" | 20 |
| means a separation no wider than 30 feet between the territory | 21 |
| to be annexed and the municipal boundary.
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| Except in counties with a population of more than
600,000
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| but
less than 3,000,000, territory which is not contiguous to a |
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HB3573 |
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LRB095 10006 HLH 32139 b |
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| municipality but is
separated therefrom only by a forest | 2 |
| preserve district, federal wildlife refuge, or open land or | 3 |
| open space that is part of an open space program, as defined in | 4 |
| Section 115-5 of the Township Code, may be annexed to the
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| municipality pursuant to Section 7-1-7 or 7-1-8, but
only if | 6 |
| the annexing municipality can show that the forest preserve | 7 |
| district, federal wildlife refuge, open land, or open space
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| creates an artificial barrier preventing the annexation and | 9 |
| that the location
of the forest preserve district, federal | 10 |
| wildlife refuge, open land, or open space property prevents the | 11 |
| orderly natural growth of
the annexing municipality. It shall | 12 |
| be conclusively presumed that the forest
preserve district, | 13 |
| federal wildlife refuge, open land, or open space
does not | 14 |
| create an artificial barrier if the property sought
to be | 15 |
| annexed is bounded on at least 3 sides by (i) one or more other
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| municipalities (other than the municipality seeking annexation | 17 |
| through the
existing forest preserve district, federal | 18 |
| wildlife refuge, open land, or open space), (ii) forest | 19 |
| preserve district property, federal wildlife refuge, open | 20 |
| land, or open space, or
(iii) a combination of other | 21 |
| municipalities and forest preserve district
property, federal | 22 |
| wildlife refuge property, open land, or open space. It shall | 23 |
| also be conclusively presumed that the forest preserve
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| district, federal wildlife refuge, open land, or open space
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| does not create an artificial barrier if the municipality | 26 |
| seeking
annexation is not the closest municipality within the |
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HB3573 |
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LRB095 10006 HLH 32139 b |
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| county to the property to be annexed.
The territory included
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| within such forest preserve district, federal wildlife refuge,
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| open land, or open space shall not be annexed to the | 4 |
| municipality
nor shall the territory of the forest preserve | 5 |
| district, federal wildlife refuge, open land, or open space be | 6 |
| subject to
rights-of-way for access or services between the | 7 |
| parts of the municipality
separated by the forest preserve | 8 |
| district, federal wildlife refuge, open land, or open space | 9 |
| without the consent of the governing
body of the forest | 10 |
| preserve district or federal wildlife refuge.
The changes made | 11 |
| to this Section by this amendatory Act of 91st General
Assembly | 12 |
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declaratory of existing law and shall not be construed as a | 13 |
| new enactment.
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| In counties that are contiguous to the Mississippi River | 15 |
| with populations
of more than 200,000 but less than 255,000, a | 16 |
| municipality that is partially
located in territory that is | 17 |
| wholly surrounded by the Mississippi River and a
canal, | 18 |
| connected at both ends to the Mississippi River and located on | 19 |
| property
owned by the United States of America, may annex | 20 |
| noncontiguous territory in the
surrounded territory under | 21 |
| Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated | 22 |
| from the municipality by property owned by the United States of
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| America, but that federal property shall not be annexed without | 24 |
| the consent of
the federal government.
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| For the purposes of this Article, any territory to be | 26 |
| annexed to a municipality that is located in a county with more |
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LRB095 10006 HLH 32139 b |
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| than 500,000 inhabitants shall be considered to be contiguous | 2 |
| to the municipality if only a river and a national heritage | 3 |
| corridor separate the territory from the municipality. Upon | 4 |
| annexation, no river or national heritage corridor shall be | 5 |
| considered annexed to the municipality.
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| When any land proposed to be annexed is part of any Fire | 7 |
| Protection
District or of any Public Library District and the | 8 |
| annexing
municipality provides fire protection or a public | 9 |
| library, as the case
may be, the Trustees of each District | 10 |
| shall be notified in writing by
certified or registered mail | 11 |
| before any court hearing or other action is
taken for | 12 |
| annexation. The notice shall be served 10 days in advance.
An | 13 |
| affidavit that service of notice has been had as provided by | 14 |
| this
Section must be filed with the clerk of the court in which | 15 |
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annexation proceedings are pending or will be instituted | 16 |
| or, when no
court proceedings are involved, with the recorder | 17 |
| for the
county where the land is situated. No annexation of | 18 |
| that land is
effective unless service is had and the affidavit | 19 |
| filed as provided in
this Section.
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| The new boundary shall extend to the far side of any | 21 |
| adjacent highway
and shall include all of every highway within | 22 |
| the area annexed. These
highways shall be considered to be | 23 |
| annexed even though not included in
the legal description set | 24 |
| forth in the petition for annexation. When
any land proposed to | 25 |
| be annexed includes any highway under the
jurisdiction of any | 26 |
| township, the Township Commissioner of Highways ,
and
the Board |
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HB3573 |
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LRB095 10006 HLH 32139 b |
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| of Town Trustees , the Township Supervisor, and the Township | 2 |
| Clerk shall be notified in writing by certified or
registered | 3 |
| mail before any court hearing or other action is taken for
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| annexation. In the event that a municipality fails to notify | 5 |
| the Township
Commissioner of Highways ,
and the Board of Town | 6 |
| Trustees , the Township Supervisor, and the Township Clerk of | 7 |
| the annexation
of an area within the township, the municipality | 8 |
| shall reimburse that
township for any loss or liability caused | 9 |
| by the failure to give
notice. If any municipality has annexed | 10 |
| any area before October 1,
1975, and the legal description in | 11 |
| the petition for annexation did not
include the entire adjacent | 12 |
| highway, any such annexation shall be valid and any
highway | 13 |
| adjacent to the area annexed shall be considered to be annexed
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| notwithstanding the failure of the petition to annex to include | 15 |
| the
description of the entire adjacent highway.
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| Any annexation, disconnection and annexation, or | 17 |
| disconnection under
this Article of any territory must be | 18 |
| reported by certified or
registered mail by the corporate | 19 |
| authority initiating the action to the
election authorities | 20 |
| having jurisdiction in the territory and the post
office | 21 |
| branches serving the territory within 30 days of the | 22 |
| annexation,
disconnection and annexation, or disconnection.
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| Failure to give notice to the required election authorities | 24 |
| or
post office branches will not invalidate the annexation or
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| disconnection. For purposes of this Section "election | 26 |
| authorities"
means the county clerk where the clerk acts as the |
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| clerk of elections
or the clerk of the election commission | 2 |
| having jurisdiction.
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| No annexation, disconnection and annexation, or | 4 |
| disconnection under
this Article of territory having electors | 5 |
| residing therein made (1)
before any primary election to be | 6 |
| held within the municipality
affected thereby and after the | 7 |
| time for filing petitions as a candidate
for nomination to any | 8 |
| office to be chosen at the primary election or (2) within
60 | 9 |
| days before any general election to be held within the | 10 |
| municipality shall be
effective until the day after the date of | 11 |
| the primary or general election, as
the case may be.
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| For the purpose of this Section, a toll highway or | 13 |
| connection between
parcels via an overpass bridge over a toll | 14 |
| highway shall not be
considered a deterrent to the definition | 15 |
| of contiguous territory.
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| When territory is proposed to be annexed
by court order | 17 |
| under this Article, the corporate
authorities or petitioners
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| initiating the action shall notify each person who pays real | 19 |
| estate taxes on
property within that territory unless the | 20 |
| person is a petitioner. The notice
shall be served
by certified
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| or registered mail, return receipt requested, at least 20 days | 22 |
| before a court
hearing or other court action.
If the person
who | 23 |
| pays real estate taxes on the property is not the owner of
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| record, then the payor shall notify the owner of record of the | 25 |
| proposed
annexation.
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| (Source: P.A. 93-1098, eff. 1-1-06; 94-361, eff. 1-1-06; |
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HB3573 |
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LRB095 10006 HLH 32139 b |
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| 94-1065, eff. 8-1-06.)
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