Full Text of HB0720 94th General Assembly
HB0720 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0720
Introduced 02/01/05, by Rep. David R. Leitch - Keith P. Sommer - Aaron Schock SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/7-1-1 |
from Ch. 24, par. 7-1-1 |
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Amends the Illinois Municipal Code. Provides that any territory to be annexed to a municipality shall be considered contiguous notwithstanding that the territory is separated from the municipality by a former railroad right-of-way that has been converted to a recreational trail, but upon annexation the area included in the right-of-way shall not be considered to be annexed to the municipality.
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A BILL FOR
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HB0720 |
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LRB094 08076 AJO 38260 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 | 5 |
| 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 | 8 |
| territory that is not within the corporate limits of any | 9 |
| municipality but
is contiguous to a municipality may be annexed | 10 |
| to the municipality as provided
in this Article. For the | 11 |
| 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
railroad or public utility | 15 |
| right-of-way or former railroad right-of-way that has been | 16 |
| converted to a recreational trail , but upon annexation the area | 17 |
| included
within that right-of-way or former right-of-way shall | 18 |
| not be considered to be annexed to the
municipality.
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| Except in counties with a population of more than 500,000 | 20 |
| but
less than 3,000,000, territory which is not contiguous to a | 21 |
| municipality but is
separated therefrom only by a forest | 22 |
| preserve district may be annexed to the
municipality pursuant | 23 |
| to Sections 7-1-7 or 7-1-8, but
only if the annexing | 24 |
| municipality can show that the forest preserve district
creates | 25 |
| an artificial barrier preventing the annexation and that the | 26 |
| location
of the forest preserve district property prevents the | 27 |
| orderly natural growth of
the annexing municipality. It shall | 28 |
| be conclusively presumed that the forest
preserve district does | 29 |
| not create an artificial barrier if the property sought
to be | 30 |
| annexed is bounded on at least 3 sides by (i) one or more other
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| municipalities (other than the municipality seeking annexation | 32 |
| through the
existing forest preserve district), (ii) forest |
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HB0720 |
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LRB094 08076 AJO 38260 b |
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| preserve district property, or
(iii) a combination of other | 2 |
| municipalities and forest preserve district
property. It shall | 3 |
| also be conclusively presumed that the forest preserve
district | 4 |
| does not create an artificial barrier if the municipality | 5 |
| seeking
annexation is not the closest municipality to the | 6 |
| property to be annexed.
The territory included
within such | 7 |
| forest preserve district shall not be annexed to the | 8 |
| municipality
nor shall the territory of the forest preserve | 9 |
| district be subject to
rights-of-way for access or services | 10 |
| between the parts of the municipality
separated by the forest | 11 |
| preserve district without the consent of the governing
body of | 12 |
| the forest preserve district.
The changes made to this Section | 13 |
| by this amendatory Act of 91st General
Assembly are
declaratory | 14 |
| of existing law and shall not be construed as a new enactment.
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| In counties that are contiguous to the Mississippi River | 16 |
| with populations
of more than 200,000 but less than 255,000, a | 17 |
| municipality that is partially
located in territory that is | 18 |
| wholly surrounded by the Mississippi River and a
canal, | 19 |
| connected at both ends to the Mississippi River and located on | 20 |
| property
owned by the United States of America, may annex | 21 |
| noncontiguous territory in the
surrounded territory under | 22 |
| Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated | 23 |
| from the municipality by property owned by the United States of
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| America, but that federal property shall not be annexed without | 25 |
| the consent of
the federal government.
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| When any land proposed to be annexed is part of any Fire | 27 |
| Protection
District or of any Public Library District and the | 28 |
| annexing
municipality provides fire protection or a public | 29 |
| library, as the case
may be, the Trustees of each District | 30 |
| shall be notified in writing by
certified or registered mail | 31 |
| before any court hearing or other action is
taken for | 32 |
| annexation. The notice shall be served 10 days in advance.
An | 33 |
| affidavit that service of notice has been had as provided by | 34 |
| this
Section must be filed with the clerk of the court in which | 35 |
| the
annexation proceedings are pending or will be instituted | 36 |
| or, when no
court proceedings are involved, with the recorder |
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HB0720 |
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LRB094 08076 AJO 38260 b |
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| for the
county where the land is situated. No annexation of | 2 |
| that land is
effective unless service is had and the affidavit | 3 |
| filed as provided in
this Section.
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| The new boundary shall extend to the far side of any | 5 |
| adjacent highway
and shall include all of every highway within | 6 |
| the area annexed. These
highways shall be considered to be | 7 |
| annexed even though not included in
the legal description set | 8 |
| forth in the petition for annexation. When
any land proposed to | 9 |
| be annexed includes any highway under the
jurisdiction of any | 10 |
| township, the Township Commissioner of Highways and
the Board | 11 |
| of Town Trustees shall be notified in writing by certified or
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| registered mail before any court hearing or other action is | 13 |
| taken for
annexation. In the event that a municipality fails to | 14 |
| notify the Township
Commissioner of Highways and the Board of | 15 |
| Town Trustees of the annexation
of an area within the township, | 16 |
| the municipality shall reimburse that
township for any loss or | 17 |
| liability caused by the failure to give
notice. If any | 18 |
| municipality has annexed any area before October 1,
1975, and | 19 |
| the legal description in the petition for annexation did not
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| include the entire adjacent highway, any such annexation shall | 21 |
| be valid and any
highway adjacent to the area annexed shall be | 22 |
| considered to be annexed
notwithstanding the failure of the | 23 |
| petition to annex to include the
description of the entire | 24 |
| adjacent highway.
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| Any annexation, disconnection and annexation, or | 26 |
| disconnection under
this Article of any territory must be | 27 |
| reported by certified or
registered mail by the corporate | 28 |
| authority initiating the action to the
election authorities | 29 |
| having jurisdiction in the territory and the post
office | 30 |
| branches serving the territory within 30 days of the | 31 |
| annexation,
disconnection and annexation, or disconnection.
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| Failure to give notice to the required election authorities | 33 |
| or
post office branches will not invalidate the annexation or
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| disconnection. For purposes of this Section "election | 35 |
| authorities"
means the county clerk where the clerk acts as the | 36 |
| clerk of elections
or the clerk of the election commission |
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| having jurisdiction.
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| No annexation, disconnection and annexation, or | 3 |
| disconnection under
this Article of territory having electors | 4 |
| residing therein made (1)
before any primary election to be | 5 |
| held within the municipality
affected thereby and after the | 6 |
| time for filing petitions as a candidate
for nomination to any | 7 |
| office to be chosen at the primary election or (2) within
60 | 8 |
| days before any general election to be held within the | 9 |
| municipality shall be
effective until the day after the date of | 10 |
| the primary or general election, as
the case may be.
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| For the purpose of this Section, a toll highway or | 12 |
| connection between
parcels via an overpass bridge over a toll | 13 |
| highway shall not be
considered a deterrent to the definition | 14 |
| of contiguous territory.
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| When territory is proposed to be annexed
by court order | 16 |
| under this Article, the corporate
authorities or petitioners
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| initiating the action shall notify each person who pays real | 18 |
| estate taxes on
property within that territory unless the | 19 |
| person is a petitioner. The notice
shall be served
by certified
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| or registered mail, return receipt requested, at least 20 days | 21 |
| before a court
hearing or other court action.
If the person
who | 22 |
| pays real estate taxes on the property is not the owner of
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| record, then the payor shall notify the owner of record of the | 24 |
| proposed
annexation.
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| (Source: P.A. 90-14, eff. 7-1-97; 91-824, eff. 6-13-00.)
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