|
Public Act 097-0601
|
| SB1436 Enrolled | LRB097 06924 KMW 47017 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
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. 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. 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.
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.
|
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
|