Full Text of HB5098 102nd General Assembly
HB5098enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 7-1-1 as follows:
| 6 | | (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
| 7 | | Sec. 7-1-1. Annexation of contiguous territory. Any | 8 | | territory that is not within the corporate limits of any | 9 | | municipality but
is contiguous to a municipality may be | 10 | | annexed to the municipality as provided
in this Article. For | 11 | | the purposes of this Article any territory to be annexed
to a | 12 | | municipality shall be considered to be contiguous to the | 13 | | municipality
notwithstanding that the territory is separated | 14 | | from the municipality by a lake, river, or other waterway or | 15 | | the territory is separated from the municipality by a
strip | 16 | | parcel, railroad or public utility right-of-way, or former | 17 | | railroad right-of-way that has been converted to a | 18 | | recreational trail, but upon annexation the area included
| 19 | | within that strip parcel, right-of-way, or former right-of-way | 20 | | shall not be considered to be annexed to the
municipality. For | 21 | | purposes of this Section, "strip parcel" means a separation no | 22 | | wider than 30 feet between the territory to be annexed and the | 23 | | municipal boundary.
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| 1 | | Except in counties with a population of more than
600,000
| 2 | | but
less than 3,000,000, territory which is not contiguous to | 3 | | a municipality but is
separated therefrom only by a forest | 4 | | preserve district, federal wildlife refuge, open land or open | 5 | | space that is part of an open space program, as defined in | 6 | | Section 115-5 of the Township Code, or conservation area, may | 7 | | be annexed to the
municipality pursuant to Section 7-1-7 or | 8 | | 7-1-8, but
only if the annexing municipality can show that the | 9 | | forest preserve district, federal wildlife refuge, open land, | 10 | | open space, or conservation area
creates an artificial barrier | 11 | | preventing the annexation and that the location
of the forest | 12 | | preserve district, federal wildlife refuge, open land, open | 13 | | space, or conservation area property prevents the orderly | 14 | | natural growth of
the annexing municipality. Except for | 15 | | parcels of land less than one acre in size, it shall be | 16 | | conclusively presumed that the forest
preserve district, | 17 | | federal wildlife refuge, open land, open space, or | 18 | | conservation area does not create an artificial barrier if the | 19 | | property sought
to be annexed is bounded on at least 3 sides by | 20 | | (i) one or more other
municipalities (other than the | 21 | | municipality seeking annexation through the
existing forest | 22 | | preserve district, federal wildlife refuge, open land, open | 23 | | space, or conservation area), (ii) forest preserve district | 24 | | property, federal wildlife refuge, open land, open space, or | 25 | | conservation area, or
(iii) a combination of other | 26 | | municipalities and forest preserve district
property, federal |
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| 1 | | wildlife refuge property, open land, open space, or | 2 | | conservation area. Except of parcels of land less than one | 3 | | acre in size, it shall also be conclusively presumed that the | 4 | | forest preserve
district, federal wildlife refuge, open land, | 5 | | open space, or conservation area
does not create an artificial | 6 | | barrier if the municipality seeking
annexation is not the | 7 | | closest municipality within the county to the property to be | 8 | | annexed.
The territory included
within such forest preserve | 9 | | district, federal wildlife refuge,
open land, open space, or | 10 | | conservation area shall not be annexed to the municipality
nor | 11 | | shall the territory of the forest preserve district, federal | 12 | | wildlife refuge, open land, open space, or conservation area | 13 | | be subject to
rights-of-way for access or services between the | 14 | | parts of the municipality
separated by the forest preserve | 15 | | district, federal wildlife refuge, open land, open space, or | 16 | | conservation area without the consent of the governing
body of | 17 | | the forest preserve district or federal wildlife refuge. | 18 | | Parcels of land less than one acre in size may be annexed to | 19 | | the municipality pursuant to Section 7-1-7 or 7-1-8 if it | 20 | | would be contiguous to the municipality but for the separation | 21 | | therefrom by a forest preserve district, federal wildlife | 22 | | refuge, open land or open space that is part of an open space | 23 | | program, as defined in Section 115-5 of the Township Code, or | 24 | | conservation area.
The changes made to this Section by Public | 25 | | Act 91-824 are
declaratory of existing law and shall not be | 26 | | construed as a new enactment.
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| 1 | | For the purpose of this Section, "conservation area" means | 2 | | an area dedicated to conservation and owned by a | 3 | | not-for-profit organized under Section 501(c)(3) of the | 4 | | Internal Revenue Code of 1986, or any area owned by a | 5 | | conservation district. | 6 | | In counties that are contiguous to the Mississippi River | 7 | | with populations
of more than 200,000 but less than 255,000, a | 8 | | municipality that is partially
located in territory that is | 9 | | wholly surrounded by the Mississippi River and a
canal, | 10 | | connected at both ends to the Mississippi River and located on | 11 | | property
owned by the United States of America, may annex | 12 | | noncontiguous territory in the
surrounded territory under | 13 | | Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated | 14 | | from the municipality by property owned by the United States | 15 | | of
America, but that federal property shall not be annexed | 16 | | without the consent of
the federal government.
| 17 | | For the purposes of this Article, any territory to be | 18 | | annexed to a municipality that is located in a county with more | 19 | | than 500,000 inhabitants shall be considered to be contiguous | 20 | | to the municipality if only a river and a national heritage | 21 | | corridor separate the territory from the municipality. Upon | 22 | | annexation, no river or national heritage corridor shall be | 23 | | considered annexed to the municipality.
| 24 | | When any land proposed to be annexed is part of any Fire | 25 | | Protection
District or of any Public Library District and the | 26 | | annexing
municipality provides fire protection or a public |
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| 1 | | library, as the case
may be, the Trustees of each District | 2 | | shall be notified in writing by
certified or registered mail | 3 | | before any court hearing or other action is
taken for | 4 | | annexation. The notice shall be served 10 days in advance.
An | 5 | | affidavit that service of notice has been had as provided by | 6 | | this
Section must be filed with the clerk of the court in which | 7 | | the
annexation proceedings are pending or will be instituted | 8 | | or, when no
court proceedings are involved, with the recorder | 9 | | for the
county where the land is situated. No annexation of | 10 | | that land is
effective unless service is had and the affidavit | 11 | | filed as provided in
this Section.
| 12 | | The new boundary shall extend to the far side of any | 13 | | adjacent highway
and shall include all of every highway within | 14 | | the area annexed. These
highways shall be considered to be | 15 | | annexed even though not included in
the legal description set | 16 | | forth in the petition for annexation. When
any land proposed | 17 | | to be annexed includes any highway under the
jurisdiction of | 18 | | any township, the Township Commissioner of Highways,
the Board | 19 | | of Town Trustees, the Township Supervisor, and the Township | 20 | | Clerk shall be notified in writing by certified or
registered | 21 | | mail before any court hearing or other action is taken for
| 22 | | annexation. In the event that a municipality fails to notify | 23 | | the Township
Commissioner of Highways, the Board of Town | 24 | | Trustees, the Township Supervisor, and the Township Clerk of | 25 | | the annexation
of an area within the township, the | 26 | | municipality shall reimburse that
township for any loss or |
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| 1 | | liability caused by the failure to give
notice. If any | 2 | | municipality has annexed any area before October 1,
1975, and | 3 | | the legal description in the petition for annexation did not
| 4 | | include the entire adjacent highway, any such annexation shall | 5 | | be valid and any
highway adjacent to the area annexed shall be | 6 | | considered to be annexed
notwithstanding the failure of the | 7 | | petition to annex to include the
description of the entire | 8 | | adjacent highway.
| 9 | | When annexing territory separated from the municipality by | 10 | | a lake, river, or other waterway, the municipality also | 11 | | annexes the portion of the lake, river, or other waterway that | 12 | | would make the municipality and territory contiguous if the | 13 | | lake, river, or other waterway is under the jurisdiction and | 14 | | control of another unit of local government or the State, or | 15 | | the federal government if allowed under federal law, except | 16 | | for any territory within the corporate limits of another | 17 | | municipality. | 18 | | Any annexation, disconnection and annexation, or | 19 | | disconnection under
this Article of any territory must be | 20 | | reported by certified or
registered mail by the corporate | 21 | | authority initiating the action to the
election authorities | 22 | | having jurisdiction in the territory , the Department of | 23 | | Transportation, and the post
office branches serving the | 24 | | territory within 30 days of the annexation,
disconnection and | 25 | | annexation, or disconnection.
| 26 | | Failure to give notice to the required election |
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| 1 | | authorities or
post office branches will not invalidate the | 2 | | annexation or
disconnection. For purposes of this Section | 3 | | "election authorities"
means the county clerk where the clerk | 4 | | acts as the clerk of elections
or the clerk of the election | 5 | | commission having jurisdiction.
| 6 | | No annexation, disconnection and annexation, or | 7 | | disconnection under
this Article of territory having electors | 8 | | residing therein made (1)
before any primary election to be | 9 | | held within the municipality
affected thereby and after the | 10 | | time for filing petitions as a candidate
for nomination to any | 11 | | office to be chosen at the primary election or (2) within
60 | 12 | | days before any general election to be held within the | 13 | | municipality shall be
effective until the day after the date | 14 | | of the primary or general election, as
the case may be.
| 15 | | For the purpose of this Section, a toll highway or | 16 | | connection between
parcels via an overpass bridge over a toll | 17 | | highway shall not be
considered a deterrent to the definition | 18 | | of contiguous territory.
| 19 | | When territory is proposed to be annexed
by court order | 20 | | under this Article, the corporate
authorities or petitioners
| 21 | | initiating the action shall notify each person who pays real | 22 | | estate taxes on
property within that territory unless the | 23 | | person is a petitioner. The notice
shall be served
by | 24 | | certified
or registered mail, return receipt requested, at | 25 | | least 20 days before a court
hearing or other court action.
If | 26 | | the person
who pays real estate taxes on the property is not |
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| 1 | | the owner of
record, then the payor shall notify the owner of | 2 | | record of the proposed
annexation.
| 3 | | (Source: P.A. 99-63, eff. 1-1-16; 100-53, eff. 1-1-18 .)
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