State of Illinois
90th General Assembly

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      65 ILCS 5/7-1-1           from Ch. 24, par. 7-1-1
          Amends the Illinois Municipal Code concerning annexation.
      Makes a technical change.
 1        AN ACT to amend the Illinois Municipal Code  by  changing
 2    Section 7-1-1.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Illinois Municipal  Code  is  amended  by
 6    changing Section 7-1-1 as follows:
 7        (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
 8        Sec.  7-1-1.  Annexation  of  contiguous  territory.  Any
 9    territory  that  is  not  within  the corporate limits of any
10    municipality but is  contiguous  to  a  municipality  may  be
11    annexed to the municipality as provided in this Article.  For
12    the purposes of this Article any territory to be annexed to a
13    municipality  shall  be  considered  to  be contiguous to the
14    municipality notwithstanding that the territory is  separated
15    from  the  municipality  by  a  railroad  or  public  utility
16    right-of-way,  but  upon  annexation the area included within
17    that right-of-way shall not be considered to  be  annexed  to
18    the municipality.
19        Except in counties with a population of more than 500,000
20    but   less  than  3,000,000,  territory  that  which  is  not
21    contiguous to a municipality but is separated therefrom  only
22    by   a  forest  preserve  district  may  be  annexed  to  the
23    municipality pursuant to Sections 7-1-7  or  7-1-8,  but  the
24    territory included within such forest preserve district shall
25    not be annexed to the municipality nor shall the territory of
26    the  forest preserve district be subject to rights-of-way for
27    access or services between  the  parts  of  the  municipality
28    separated by the forest preserve district without the consent
29    of the governing body of the forest preserve district.
30        In  counties that are contiguous to the Mississippi River
31    with populations of more than 200,000 but less than  255,000,
                            -2-                LRB9009894PTsb
 1    a municipality that is partially located in territory that is
 2    wholly  surrounded  by  the  Mississippi  River  and a canal,
 3    connected at both ends to the Mississippi River  and  located
 4    on  property owned by the United States of America, may annex
 5    noncontiguous territory in  the  surrounded  territory  under
 6    Sections   7-1-7,  7-1-8,  or  7-1-9  if  that  territory  is
 7    separated from the municipality  by  property  owned  by  the
 8    United States of America, but that federal property shall not
 9    be annexed without the consent of the federal government.
10        When  any land proposed to be annexed is part of any Fire
11    Protection District or of any Public Library District and the
12    annexing municipality provides fire protection  or  a  public
13    library,  as  the  case may be, the Trustees of each District
14    shall be notified in writing by certified or registered  mail
15    before  any  court  hearing  or  other  action  is  taken for
16    annexation.  The notice shall be served 10 days  in  advance.
17    An  affidavit that service of notice has been had as provided
18    by this Section must be filed with the clerk of the court  in
19    which  the  annexation  proceedings  are  pending  or will be
20    instituted or, when no court proceedings are  involved,  with
21    the  recorder  for the county where the land is situated.  No
22    annexation of that land is effective unless  service  is  had
23    and the affidavit filed as provided in this Section.
24        The  new  boundary  shall  extend  to the far side of any
25    adjacent highway and  shall  include  all  of  every  highway
26    within  the area annexed.  These highways shall be considered
27    to  be  annexed  even  though  not  included  in  the   legal
28    description  set  forth in the petition for annexation.  When
29    any land proposed to be annexed includes  any  highway  under
30    the  jurisdiction  of any township, the Township Commissioner
31    of Highways and the Board of Town Trustees shall be  notified
32    in  writing  by certified or registered mail before any court
33    hearing or other action is taken for annexation. In the event
34    that a municipality fails to notify the Township Commissioner
                            -3-                LRB9009894PTsb
 1    of Highways and the Board of Town Trustees of the  annexation
 2    of  an  area  within  the  township,  the  municipality shall
 3    reimburse that township for any loss or liability  caused  by
 4    the  failure  to give notice. If any municipality has annexed
 5    any area before October 1, 1975, and the legal description in
 6    the petition  for  annexation  did  not  include  the  entire
 7    adjacent  highway, any such annexation shall be valid and any
 8    highway adjacent to the area annexed shall be  considered  to
 9    be  annexed  notwithstanding  the  failure of the petition to
10    annex to include  the  description  of  the  entire  adjacent
11    highway.
12        Any   annexation,   disconnection   and   annexation,  or
13    disconnection under this Article of  any  territory  must  be
14    reported  by  certified  or  registered mail by the corporate
15    authority initiating the action to the  election  authorities
16    having  jurisdiction  in  the  territory  and the post office
17    branches  serving  the  territory  within  30  days  of   the
18    annexation, disconnection and annexation, or disconnection.
19        Failure   to   give   notice  to  the  required  election
20    authorities or post office branches will not  invalidate  the
21    annexation  or  disconnection.   For purposes of this Section
22    "election authorities" means the county clerk where the clerk
23    acts as the clerk of elections or the clerk of  the  election
24    commission having jurisdiction.
25        No   annexation,   disconnection   and   annexation,   or
26    disconnection under this Article of territory having electors
27    residing  therein  made (1) before any primary election to be
28    held within the municipality affected thereby and  after  the
29    time  for  filing  petitions as a candidate for nomination to
30    any office to be chosen at the primary election or (2) within
31    60 days before any general election to  be  held  within  the
32    municipality  shall be effective until the day after the date
33    of the primary or general election, as the case may be.
34        For the purpose  of  this  Section,  a  toll  highway  or
                            -4-                LRB9009894PTsb
 1    connection between parcels via an overpass bridge over a toll
 2    highway shall not be considered a deterrent to the definition
 3    of contiguous territory.
 4        When  territory  is proposed to be annexed by court order
 5    under this Article, the corporate authorities or  petitioners
 6    initiating  the action shall notify each person who pays real
 7    estate taxes on property within  that  territory  unless  the
 8    person  is  a  petitioner.   The  notice  shall  be served by
 9    certified or registered mail, return  receipt  requested,  at
10    least  20  days before a court hearing or other court action.
11    If the person who pays real estate taxes on the  property  is
12    not  the  owner  of  record,  then the payor shall notify the
13    owner of record of the proposed annexation.
14    (Source: P.A. 89-388,  eff.  1-1-96;  89-502,  eff.  6-28-96;
15    89-666, eff. 8-14-96; 90-14, eff. 7-1-97.)

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