Illinois General Assembly - Full Text of Public Act 097-0446
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Public Act 097-0446


 

Public Act 0446 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0446
 
HB1320 EnrolledLRB097 05395 KMW 45453 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Section 7-1-13 as follows:
 
    (65 ILCS 5/7-1-13)  (from Ch. 24, par. 7-1-13)
    Sec. 7-1-13. Annexation.
    (a) Whenever any unincorporated territory containing 60
acres or less, is wholly bounded by (a) one or more
municipalities, (b) one or more municipalities and a creek in a
county with a population of 400,000 or more, or one or more
municipalities and a river or lake in any county, (c) one or
more municipalities and the Illinois State boundary, (d) except
as provided in item (h) of this subsection (a), one or more
municipalities and property owned by the State of Illinois,
except highway right-of-way owned in fee by the State, (e) one
or more municipalities and a forest preserve district or park
district, (f) if the territory is a triangular parcel of less
than 10 acres, one or more municipalities and an interstate
highway owned in fee by the State and bounded by a frontage
road, (g) one or more municipalities in a county with a
population of more than 800,000 inhabitants and less than
2,000,000 inhabitants and either a railroad or operating
property, as defined in the Property Tax Code (35 ILCS
200/11-70), being immediately adjacent to, but exclusive of
that railroad property, (h) one or more municipalities located
within a county with a population of more than 800,000
inhabitants and less than 2,000,000 inhabitants and property
owned by the State, including without limitation a highway
right-of-way owned in fee by the State, or (i) one or more
municipalities and property on which a federally funded
research facility in excess of 2,000 acres is located, that
territory may be annexed by any municipality by which it is
bounded in whole or in part, by the passage of an ordinance to
that effect after notice is given as provided in subsection (b)
of this Section, or (h) one or more municipalities located
within a county with a population of more than 800,000
inhabitants and less than 2,000,000 inhabitants and property
owned by the State, including without limitation a highway
right-of-way owned in fee by the State. Land or property that
is used for agricultural purposes or to produce agricultural
goods shall not be annexed pursuant to item (g). Nothing in
this Section shall subject any railroad property to the zoning
or jurisdiction of any municipality annexing the property under
this Section. The ordinance shall describe the territory
annexed and a copy thereof together with an accurate map of the
annexed territory shall be recorded in the office of the
recorder of the county wherein the annexed territory is
situated and a document of annexation shall be filed with the
county clerk and County Election Authority. Nothing in this
Section shall be construed as permitting a municipality to
annex territory of a forest preserve district in a county with
a population of 3,000,000 or more without obtaining the consent
of the district pursuant to Section 8.3 of the Cook County
Forest Preserve District Act nor shall anything in this Section
be construed as permitting a municipality to annex territory
owned by a park district without obtaining the consent of the
district pursuant to Section 8-1.1 of the Park District Code.
    (b) The corporate authorities shall cause notice, stating
that annexation of the territory described in the notice is
contemplated under this Section, to be published once, in a
newspaper of general circulation within the territory to be
annexed, not less than 10 days before the passage of the
annexation ordinance, and for land annexed pursuant to item (g)
of subsection (a) of this Section, notice shall be given to the
impacted land owners. The corporate authorities shall also, not
less than 15 days before the passage of the annexation
ordinance, serve written notice, either in person or, at a
minimum, by certified mail, on the taxpayer of record of the
proposed annexed territory as appears from the authentic tax
records of the county. When the territory to be annexed lies
wholly or partially within a township other than the township
where the municipality is situated, the annexing municipality
shall give at least 10 days prior written notice of the time
and place of the passage of the annexation ordinance to the
township supervisor of the township where the territory to be
annexed lies. If the territory to be annexed lies within the
unincorporated area of a county, then the annexing municipality
shall give at least 10 days' prior written notice of the time
and place of the passage of the annexation ordinance to the
corporate authorities of the county where the territory to be
annexed lies.
    (c) When notice is given as described in subsection (b) of
this Section, no other municipality may annex the proposed
territory for a period of 60 days from the date the notice is
mailed or delivered to the taxpayer of record unless that other
municipality has initiated annexation proceedings or a valid
petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12
of this Code has been received by the municipality prior to the
publication and mailing of the notices required in subsection
(b).
(Source: P.A. 95-931, eff. 1-1-09; 95-1039, eff. 3-25-09;
96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10; 96-1049, eff.
7-14-10; revised 9-16-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/19/2011