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Public Act 102-0969
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| HB5098 Enrolled | LRB102 24594 AWJ 33829 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 |
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 |
territory that is not within the corporate limits of any |
municipality but
is contiguous to a municipality may be |
annexed to the municipality as provided
in this Article. For |
the purposes of this Article any territory to be annexed
to a |
municipality shall be considered to be contiguous to the |
municipality
notwithstanding that the territory is separated |
from the municipality by a lake, river, or other waterway or |
the territory is separated from the municipality by a
strip |
parcel, railroad or public utility right-of-way, or former |
railroad right-of-way that has been converted to a |
recreational trail, but upon annexation the area included
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within that strip parcel, right-of-way, or former right-of-way |
shall not be considered to be annexed to the
municipality. For |
purposes of this Section, "strip parcel" means a separation no |
wider than 30 feet between the territory 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 municipality but is
separated therefrom only by a forest |
preserve district, federal wildlife refuge, open land or open |
space that is part of an open space program, as defined in |
Section 115-5 of the Township Code, or conservation area, may |
be annexed to the
municipality pursuant to Section 7-1-7 or |
7-1-8, but
only if the annexing municipality can show that the |
forest preserve district, federal wildlife refuge, open land, |
open space, or conservation area
creates an artificial barrier |
preventing the annexation and that the location
of the forest |
preserve district, federal wildlife refuge, open land, open |
space, or conservation area property prevents the orderly |
natural growth of
the annexing municipality. Except for |
parcels of land less than one acre in size, it shall be |
conclusively presumed that the forest
preserve district, |
federal wildlife refuge, open land, open space, or |
conservation area does not create an artificial barrier if the |
property sought
to be annexed is bounded on at least 3 sides by |
(i) one or more other
municipalities (other than the |
municipality seeking annexation through the
existing forest |
preserve district, federal wildlife refuge, open land, open |
space, or conservation area), (ii) forest preserve district |
property, federal wildlife refuge, open land, open space, or |
conservation area, or
(iii) a combination of other |
municipalities and forest preserve district
property, federal |
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wildlife refuge property, open land, open space, or |
conservation area. Except of parcels of land less than one |
acre in size, it shall also be conclusively presumed that the |
forest preserve
district, federal wildlife refuge, open land, |
open space, or conservation area
does not create an artificial |
barrier if the municipality seeking
annexation is not the |
closest municipality within the county to the property to be |
annexed.
The territory included
within such forest preserve |
district, federal wildlife refuge,
open land, open space, or |
conservation area shall not be annexed to the municipality
nor |
shall the territory of the forest preserve district, federal |
wildlife refuge, open land, open space, or conservation area |
be subject to
rights-of-way for access or services between the |
parts of the municipality
separated by the forest preserve |
district, federal wildlife refuge, open land, open space, or |
conservation area without the consent of the governing
body of |
the forest preserve district or federal wildlife refuge. |
Parcels of land less than one acre in size may be annexed to |
the municipality pursuant to Section 7-1-7 or 7-1-8 if it |
would be contiguous to the municipality but for the separation |
therefrom by a forest preserve district, federal wildlife |
refuge, open land or open space that is part of an open space |
program, as defined in Section 115-5 of the Township Code, or |
conservation area.
The changes made to this Section by Public |
Act 91-824 are
declaratory of existing law and shall not be |
construed as a new enactment.
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For the purpose of this Section, "conservation area" means |
an area dedicated to conservation and owned by a |
not-for-profit organized under Section 501(c)(3) of the |
Internal Revenue Code of 1986, or any area owned by a |
conservation district. |
In counties that are contiguous to the Mississippi River |
with populations
of more than 200,000 but less than 255,000, a |
municipality that is partially
located in territory that is |
wholly surrounded by the Mississippi River and a
canal, |
connected at both ends to the Mississippi River and located on |
property
owned by the United States of America, may annex |
noncontiguous territory in the
surrounded territory under |
Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated |
from the municipality by property owned by the United States |
of
America, but that federal property shall not be annexed |
without the consent of
the federal government.
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For the purposes of this Article, any territory to be |
annexed to a municipality that is located in a county with more |
than 500,000 inhabitants shall be considered to be contiguous |
to the municipality if only a river and a national heritage |
corridor separate the territory from the municipality. Upon |
annexation, no river or national heritage corridor shall be |
considered annexed to the municipality.
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When any land proposed to be annexed is part of any Fire |
Protection
District or of any Public Library District and the |
annexing
municipality provides fire protection or a public |
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library, as the case
may be, the Trustees of each District |
shall be notified in writing by
certified or registered mail |
before any court hearing or other action is
taken for |
annexation. The notice shall be served 10 days in advance.
An |
affidavit that service of notice has been had as provided by |
this
Section must be filed with the clerk of the court in which |
the
annexation proceedings are pending or will be instituted |
or, when no
court proceedings are involved, with the recorder |
for the
county where the land is situated. No annexation of |
that land is
effective unless service is had and the affidavit |
filed as provided in
this Section.
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The new boundary shall extend to the far side of any |
adjacent highway
and shall include all of every highway within |
the area annexed. These
highways shall be considered to be |
annexed even though not included in
the legal description set |
forth in the petition for annexation. When
any land proposed |
to be annexed includes any highway under the
jurisdiction of |
any township, the Township Commissioner of Highways,
the Board |
of Town Trustees, the Township Supervisor, and the Township |
Clerk shall be notified in writing by certified or
registered |
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 |
the Township
Commissioner of Highways, the Board of Town |
Trustees, the Township Supervisor, and the Township Clerk of |
the annexation
of an area within the township, the |
municipality shall reimburse that
township for any loss or |
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liability caused by the failure to give
notice. If any |
municipality has annexed any area before October 1,
1975, and |
the legal description in the petition for annexation did not
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include the entire adjacent highway, any such annexation shall |
be valid and any
highway adjacent to the area annexed shall be |
considered to be annexed
notwithstanding the failure of the |
petition to annex to include the
description of the entire |
adjacent highway.
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When annexing territory separated from the municipality by |
a lake, river, or other waterway, the municipality also |
annexes the portion of the lake, river, or other waterway that |
would make the municipality and territory contiguous if the |
lake, river, or other waterway is under the jurisdiction and |
control of another unit of local government or the State, or |
the federal government if allowed under federal law, except |
for any territory within the corporate limits of another |
municipality. |
Any annexation, disconnection and annexation, or |
disconnection under
this Article of any territory must be |
reported by certified or
registered mail by the corporate |
authority initiating the action to the
election authorities |
having jurisdiction in the territory, the Department of |
Transportation, and the post
office branches serving the |
territory within 30 days of the annexation,
disconnection and |
annexation, or disconnection.
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Failure to give notice to the required election |
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authorities or
post office branches will not invalidate the |
annexation or
disconnection. For purposes of this Section |
"election authorities"
means the county clerk where the clerk |
acts as the clerk of elections
or the clerk of the election |
commission having jurisdiction.
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No annexation, disconnection and annexation, or |
disconnection under
this Article of territory having electors |
residing therein made (1)
before any primary election to be |
held within the municipality
affected thereby and after the |
time for filing petitions as a candidate
for nomination to any |
office to be chosen at the primary election or (2) within
60 |
days before any general election to be held within the |
municipality shall be
effective until the day after the date |
of the primary or general election, as
the case may be.
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For the purpose of this Section, a toll highway or |
connection between
parcels via an overpass bridge over a toll |
highway shall not be
considered a deterrent to the definition |
of contiguous territory.
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When territory is proposed to be annexed
by court order |
under this Article, the corporate
authorities or petitioners
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initiating the action shall notify each person who pays real |
estate taxes on
property within that territory unless the |
person is a petitioner. The notice
shall be served
by |
certified
or registered mail, return receipt requested, at |
least 20 days before a court
hearing or other court action.
If |
the person
who pays real estate taxes on the property is not |