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90_SB1208eng
65 ILCS 5/7-1-1 from Ch. 24, par. 7-1-1
Amends the Illinois Municipal Code. Provides that as
soon as practicable after an annexation or disconnection (now
within 30 days), the corporate authorities who initiated the
action must notify the territory's election authorities and
post office. Provides that if an annexation or a
disconnection of territory where electors reside is made
within 28 days (now 60) before a general election within the
municipality, then the action shall not be effective until
the day after the election.
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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 which is not contiguous to
21 a 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 the territory included within
24 such forest preserve district shall not be annexed to the
25 municipality nor shall the territory of the forest preserve
26 district be subject to rights-of-way for access or services
27 between the parts of the municipality separated by the forest
28 preserve district without the consent of the governing body
29 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,
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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
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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 as soon as practicable after
18 within 30 days of the annexation, disconnection and
19 annexation, or disconnection.
20 Failure to give notice to the required election
21 authorities or post office branches will not invalidate the
22 annexation or disconnection. For purposes of this Section
23 "election authorities" means the county clerk where the clerk
24 acts as the clerk of elections or the clerk of the election
25 commission having jurisdiction.
26 No annexation, disconnection and annexation, or
27 disconnection under this Article of territory having electors
28 residing therein made (1) before any primary election to be
29 held within the municipality affected thereby and after the
30 time for filing petitions as a candidate for nomination to
31 any office to be chosen at the primary election or (2) within
32 28 60 days before any general election to be held within the
33 municipality shall be effective until the day after the date
34 of the primary or general election, as the case may be.
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1 For the purpose of this Section, a toll highway or
2 connection between parcels via an overpass bridge over a toll
3 highway shall not be considered a deterrent to the definition
4 of contiguous territory.
5 When territory is proposed to be annexed by court order
6 under this Article, the corporate authorities or petitioners
7 initiating the action shall notify each person who pays real
8 estate taxes on property within that territory unless the
9 person is a petitioner. The notice shall be served by
10 certified or registered mail, return receipt requested, at
11 least 20 days before a court hearing or other court action.
12 If the person who pays real estate taxes on the property is
13 not the owner of record, then the payor shall notify the
14 owner of record of the proposed annexation.
15 (Source: P.A. 89-388, eff. 1-1-96; 89-502, eff. 6-28-96;
16 89-666, eff. 8-14-96; 90-14, eff. 7-1-97.)