Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(65 ILCS 5/7-1-4) (from Ch. 24, par. 7-1-4)
Sec. 7-1-4.
The cause shall be heard without further pleadings.
At
the hearing the objector may be heard in person or by counsel.
Prior to hearing evidence on the validity of the annexation petition
or ordinance, the court shall hear and determine any objection under
sub-paragraph (4) of Section 7-1-3. If the court is satisfied that such
objection is valid, it shall order the petition or ordinance to be
amended to eliminate such objector's land from the territory sought to
be annexed. Thereafter upon this hearing the only matter for
determination shall be the validity of the annexation petition or
ordinance, as the case may be, and the decision of the court shall be
final. All petitions shall be supported by an affidavit of one or more
of the petitioners, or some one on their behalf, that the signatures on
the petition represent a majority of the property owners of record of land
in the territory described
and a majority of the electors of the territory therein described.
Petitions so verified shall be accepted as prima facie evidence of such
facts. If the court finds that (1) the annexation petition is not signed
by the requisite number of electors or property owners of record; or (2)
that the described property is not contiguous to the annexing
municipality; or (3) that the description is materially defective; or
(4) that the petition or ordinance, as the case may be, is otherwise
invalid, the court shall dismiss the petition or ordinance, as the case
may be.
But if the court finds that the petition or ordinance, as the case
may be, is valid, the court shall (1) enter an order describing the
territory to be annexed, (2) find that the petition or ordinance, as the
case may be, conforms to this Article, and (3) direct that the question
of annexation be submitted to the corporate authorities of the annexing
municipality or to the electors of the unincorporated territory, as the
case may be, for final action. A certified copy of the order of the
court directing that the question of annexation be submitted to the
corporate authorities shall be sent to the clerk of the annexing
municipality.
Appeals shall lie from any final order of the court as in other civil actions.
(Source: P.A. 81-448.)
|
