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Public Act 102-0969


 

Public Act 0969 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0969
 
HB5098 EnrolledLRB102 24594 AWJ 33829 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 7-1-1 as follows:
 
    (65 ILCS 5/7-1-1)  (from Ch. 24, par. 7-1-1)
    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
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.
    Except in counties with a population of more than 600,000
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
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.
    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.
    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.
    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
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.
    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
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
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
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.
    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.
    Failure to give notice to the required election
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.
    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.
    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.
    When territory is proposed to be annexed by court order
under this Article, the corporate authorities or petitioners
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
the owner of record, then the payor shall notify the owner of
record of the proposed annexation.
(Source: P.A. 99-63, eff. 1-1-16; 100-53, eff. 1-1-18.)

Effective Date: 1/1/2023