Illinois General Assembly - Full Text of HB1320
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Full Text of HB1320  97th General Assembly

HB1320enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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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 7-1-13 as follows:
 
6    (65 ILCS 5/7-1-13)  (from Ch. 24, par. 7-1-13)
7    Sec. 7-1-13. Annexation.
8    (a) Whenever any unincorporated territory containing 60
9acres or less, is wholly bounded by (a) one or more
10municipalities, (b) one or more municipalities and a creek in a
11county with a population of 400,000 or more, or one or more
12municipalities and a river or lake in any county, (c) one or
13more municipalities and the Illinois State boundary, (d) except
14as provided in item (h) of this subsection (a), one or more
15municipalities and property owned by the State of Illinois,
16except highway right-of-way owned in fee by the State, (e) one
17or more municipalities and a forest preserve district or park
18district, (f) if the territory is a triangular parcel of less
19than 10 acres, one or more municipalities and an interstate
20highway owned in fee by the State and bounded by a frontage
21road, (g) one or more municipalities in a county with a
22population of more than 800,000 inhabitants and less than
232,000,000 inhabitants and either a railroad or operating

 

 

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1property, as defined in the Property Tax Code (35 ILCS
2200/11-70), being immediately adjacent to, but exclusive of
3that railroad property, (h) one or more municipalities located
4within a county with a population of more than 800,000
5inhabitants and less than 2,000,000 inhabitants and property
6owned by the State, including without limitation a highway
7right-of-way owned in fee by the State, or (i) one or more
8municipalities and property on which a federally funded
9research facility in excess of 2,000 acres is located, that
10territory may be annexed by any municipality by which it is
11bounded in whole or in part, by the passage of an ordinance to
12that effect after notice is given as provided in subsection (b)
13of this Section, or (h) one or more municipalities located
14within a county with a population of more than 800,000
15inhabitants and less than 2,000,000 inhabitants and property
16owned by the State, including without limitation a highway
17right-of-way owned in fee by the State. Land or property that
18is used for agricultural purposes or to produce agricultural
19goods shall not be annexed pursuant to item (g). Nothing in
20this Section shall subject any railroad property to the zoning
21or jurisdiction of any municipality annexing the property under
22this Section. The ordinance shall describe the territory
23annexed and a copy thereof together with an accurate map of the
24annexed territory shall be recorded in the office of the
25recorder of the county wherein the annexed territory is
26situated and a document of annexation shall be filed with the

 

 

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1county clerk and County Election Authority. Nothing in this
2Section shall be construed as permitting a municipality to
3annex territory of a forest preserve district in a county with
4a population of 3,000,000 or more without obtaining the consent
5of the district pursuant to Section 8.3 of the Cook County
6Forest Preserve District Act nor shall anything in this Section
7be construed as permitting a municipality to annex territory
8owned by a park district without obtaining the consent of the
9district pursuant to Section 8-1.1 of the Park District Code.
10    (b) The corporate authorities shall cause notice, stating
11that annexation of the territory described in the notice is
12contemplated under this Section, to be published once, in a
13newspaper of general circulation within the territory to be
14annexed, not less than 10 days before the passage of the
15annexation ordinance, and for land annexed pursuant to item (g)
16of subsection (a) of this Section, notice shall be given to the
17impacted land owners. The corporate authorities shall also, not
18less than 15 days before the passage of the annexation
19ordinance, serve written notice, either in person or, at a
20minimum, by certified mail, on the taxpayer of record of the
21proposed annexed territory as appears from the authentic tax
22records of the county. When the territory to be annexed lies
23wholly or partially within a township other than the township
24where the municipality is situated, the annexing municipality
25shall give at least 10 days prior written notice of the time
26and place of the passage of the annexation ordinance to the

 

 

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1township supervisor of the township where the territory to be
2annexed lies. If the territory to be annexed lies within the
3unincorporated area of a county, then the annexing municipality
4shall give at least 10 days' prior written notice of the time
5and place of the passage of the annexation ordinance to the
6corporate authorities of the county where the territory to be
7annexed lies.
8    (c) When notice is given as described in subsection (b) of
9this Section, no other municipality may annex the proposed
10territory for a period of 60 days from the date the notice is
11mailed or delivered to the taxpayer of record unless that other
12municipality has initiated annexation proceedings or a valid
13petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12
14of this Code has been received by the municipality prior to the
15publication and mailing of the notices required in subsection
16(b).
17(Source: P.A. 95-931, eff. 1-1-09; 95-1039, eff. 3-25-09;
1896-1000, eff. 7-2-10; 96-1048, eff. 7-14-10; 96-1049, eff.
197-14-10; revised 9-16-10.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.