Public Act 094-0361
 
HB0720 Enrolled LRB094 08076 AJO 38260 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 and by adding Section 7-1-5.3 as
follows:
 
    (65 ILCS 5/7-1-1)  (from Ch. 24, par. 7-1-1)
    (Text of Section before amendment by P.A. 93-1098)
    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 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 right-of-way or former right-of-way shall
not be considered to be annexed to the municipality.
    Except in counties with a population of more than 600,000
500,000 but less than 3,000,000, territory which is not
contiguous to a municipality but is separated therefrom only by
a forest preserve district may be annexed to the municipality
pursuant to Section Sections 7-1-7 or 7-1-8, but only if the
annexing municipality can show that the forest preserve
district creates an artificial barrier preventing the
annexation and that the location of the forest preserve
district property prevents the orderly natural growth of the
annexing municipality. It shall be conclusively presumed that
the forest preserve district 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), (ii) forest preserve district
property, or (iii) a combination of other municipalities and
forest preserve district property. It shall also be
conclusively presumed that the forest preserve district does
not create an artificial barrier if the municipality seeking
annexation is not the closest municipality to the property to
be annexed. The territory included within such forest preserve
district shall not be annexed to the municipality nor shall the
territory of the forest preserve district be subject to
rights-of-way for access or services between the parts of the
municipality separated by the forest preserve district without
the consent of the governing body of the forest preserve
district. The changes made to this Section by this amendatory
Act of 91st General Assembly are declaratory of existing law
and shall not be construed as a new enactment.
    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 and the Board
of Town Trustees 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 and the Board of
Town Trustees 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.
    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 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. 90-14, eff. 7-1-97; 91-824, eff. 6-13-00.)
 
    (Text of Section after amendment by P.A. 93-1098)
    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 strip parcel, or 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, or 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
500,000 but less than 3,000,000, territory which is not
contiguous to a municipality but is separated therefrom only by
a forest preserve district or open land or open space that is
part of an open space program, as defined in Section 115-5 of
the Township Code, may be annexed to the municipality pursuant
to Section Sections 7-1-7 or 7-1-8, but only if the annexing
municipality can show that the forest preserve district, open
land, or open space creates an artificial barrier preventing
the annexation and that the location of the forest preserve
district, open land, or open space property prevents the
orderly natural growth of the annexing municipality. It shall
be conclusively presumed that the forest preserve district,
open land, or open space 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, open land, or open space), (ii) forest
preserve district property, open land, or open space, or (iii)
a combination of other municipalities and forest preserve
district property, open land, or open space. It shall also be
conclusively presumed that the forest preserve district, open
land, or open space does not create an artificial barrier if
the municipality seeking annexation is not the closest
municipality to the property to be annexed. The territory
included within such forest preserve district, open land, or
open space shall not be annexed to the municipality nor shall
the territory of the forest preserve district, open land, or
open space be subject to rights-of-way for access or services
between the parts of the municipality separated by the forest
preserve district, open land, or open space without the consent
of the governing body of the forest preserve district. The
changes made to this Section by this amendatory Act of 91st
General Assembly are declaratory of existing law and shall not
be construed as a new enactment.
    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 and the Board
of Town Trustees 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 and the Board of
Town Trustees 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.
    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 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. 93-1098, eff. 1-1-06.)
 
    (65 ILCS 5/7-1-5.3 new)
    Sec. 7-1-5.3. Planned unit development; rail-trail. When a
developer petitions a municipality to annex property for a
planned unit development of residential, commercial, or
industrial sub-divisions that is located adjacent to a former
railroad right-of-way that has been converted to a recreational
trail ("rail-trail") that is owned by the State, a unit of
local government, or a non-profit organization, the
municipality shall notify the State, unit of local government,
or non-profit organization and furnish the proposed
development plans to the State, unit of local government, or
non-profit organization for review. The municipality shall
require the developer petitioning for annexation to reasonably
accommodate the rail-trail and modify its proposed development
plans to ensure against adverse impacts to the users of the
rail-trail or the natural and built resources within the
right-of-way. If the municipality does not require the
developer to make a modification prior to annexation, the
municipality shall provide a written explanation to the State,
unit of local government, or non-profit organization owning the
rail-trail. The intent of this review and planning process is
to ensure that no development along a rail-trail negatively
affects the safety of users or the natural and built resources
within the right-of-way.
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.