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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | |||||||||||||||||||
5 | changing Section 7-1-1 as follows:
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6 | (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
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7 | 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
strip parcel, railroad or public | |||||||||||||||||||
15 | utility right-of-way, or former railroad right-of-way that has | |||||||||||||||||||
16 | been converted to a recreational trail, but upon annexation the | |||||||||||||||||||
17 | area included
within that strip parcel, right-of-way, or former | |||||||||||||||||||
18 | right-of-way shall not be considered to be annexed to the
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19 | municipality. For purposes of this Section, "strip parcel" | |||||||||||||||||||
20 | means a separation no wider than 30 feet between the territory | |||||||||||||||||||
21 | to be annexed and the municipal boundary.
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22 | Except in counties with a population of more than
600,000
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23 | but
less than 3,000,000, territory which is not contiguous to a |
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1 | municipality but is
separated therefrom only by a forest | ||||||
2 | preserve district, federal wildlife refuge, or open land or | ||||||
3 | open space that is part of an open space program, as defined in | ||||||
4 | Section 115-5 of the Township Code, may be annexed to the
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5 | municipality pursuant to Section 7-1-7 or 7-1-8, but
only if | ||||||
6 | the annexing municipality can show that the forest preserve | ||||||
7 | district, federal wildlife refuge, open land, or open space
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8 | creates an artificial barrier preventing the annexation and | ||||||
9 | that the location
of the forest preserve district, federal | ||||||
10 | wildlife refuge, open land, or open space property prevents the | ||||||
11 | orderly natural growth of
the annexing municipality. It shall | ||||||
12 | be conclusively presumed that the forest
preserve district, | ||||||
13 | federal wildlife refuge, open land, or open space
does not | ||||||
14 | create an artificial barrier if the property sought
to be | ||||||
15 | annexed is bounded on at least 3 sides by (i) one or more other
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16 | municipalities (other than the municipality seeking annexation | ||||||
17 | through the
existing forest preserve district, federal | ||||||
18 | wildlife refuge, open land, or open space), (ii) forest | ||||||
19 | preserve district property, federal wildlife refuge, open | ||||||
20 | land, or open space, or
(iii) a combination of other | ||||||
21 | municipalities and forest preserve district
property, federal | ||||||
22 | wildlife refuge property, open land, or open space. It shall | ||||||
23 | also be conclusively presumed that the forest preserve
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24 | district, federal wildlife refuge, open land, or open space
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25 | does not create an artificial barrier if the municipality | ||||||
26 | seeking
annexation is not the closest municipality within the |
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1 | county to the property to be annexed.
The territory included
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2 | within such forest preserve district, federal wildlife refuge,
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3 | open land, or open space shall not be annexed to the | ||||||
4 | municipality
nor shall the territory of the forest preserve | ||||||
5 | district, federal wildlife refuge, open land, or open space be | ||||||
6 | subject to
rights-of-way for access or services between the | ||||||
7 | parts of the municipality
separated by the forest preserve | ||||||
8 | district, federal wildlife refuge, open land, or open space | ||||||
9 | without the consent of the governing
body of the forest | ||||||
10 | preserve district or federal wildlife refuge.
The changes made | ||||||
11 | to this Section by this amendatory Act of 91st General
Assembly | ||||||
12 | are
declaratory of existing law and shall not be construed as a | ||||||
13 | new enactment.
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14 | In counties that are contiguous to the Mississippi River | ||||||
15 | with populations
of more than 200,000 but less than 255,000, a | ||||||
16 | municipality that is partially
located in territory that is | ||||||
17 | wholly surrounded by the Mississippi River and a
canal, | ||||||
18 | connected at both ends to the Mississippi River and located on | ||||||
19 | property
owned by the United States of America, may annex | ||||||
20 | noncontiguous territory in the
surrounded territory under | ||||||
21 | Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated | ||||||
22 | from the municipality by property owned by the United States of
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23 | America, but that federal property shall not be annexed without | ||||||
24 | the consent of
the federal government.
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25 | For the purposes of this Article, any territory to be | ||||||
26 | annexed to a municipality that is located in a county with more |
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1 | than 500,000 inhabitants shall be considered to be contiguous | ||||||
2 | to the municipality if only a river and a national heritage | ||||||
3 | corridor separate the territory from the municipality. Upon | ||||||
4 | annexation, no river or national heritage corridor shall be | ||||||
5 | considered annexed to the municipality.
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6 | When any land proposed to be annexed is part of any Fire | ||||||
7 | Protection
District or of any Public Library District and the | ||||||
8 | annexing
municipality provides fire protection or a public | ||||||
9 | library, as the case
may be, the Trustees of each District | ||||||
10 | shall be notified in writing by
certified or registered mail | ||||||
11 | before any court hearing or other action is
taken for | ||||||
12 | annexation. The notice shall be served 10 days in advance.
An | ||||||
13 | affidavit that service of notice has been had as provided by | ||||||
14 | this
Section must be filed with the clerk of the court in which | ||||||
15 | the
annexation proceedings are pending or will be instituted | ||||||
16 | or, when no
court proceedings are involved, with the recorder | ||||||
17 | for the
county where the land is situated. No annexation of | ||||||
18 | that land is
effective unless service is had and the affidavit | ||||||
19 | filed as provided in
this Section.
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20 | The new boundary shall extend to the far side of any | ||||||
21 | adjacent highway
and shall include all of every highway within | ||||||
22 | the area annexed. These
highways shall be considered to be | ||||||
23 | annexed even though not included in
the legal description set | ||||||
24 | forth in the petition for annexation. When
any land proposed to | ||||||
25 | be annexed includes any highway under the
jurisdiction of any | ||||||
26 | township, the Township Commissioner of Highways ,
and
the Board |
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1 | of Town Trustees , the Township Supervisor, and the Township | ||||||
2 | Clerk shall be notified in writing by certified or
registered | ||||||
3 | mail before any court hearing or other action is taken for
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4 | annexation. In the event that a municipality fails to notify | ||||||
5 | the Township
Commissioner of Highways ,
and the Board of Town | ||||||
6 | Trustees , the Township Supervisor, and the Township Clerk of | ||||||
7 | the annexation
of an area within the township, the municipality | ||||||
8 | shall reimburse that
township for any loss or liability caused | ||||||
9 | by the failure to give
notice. If any municipality has annexed | ||||||
10 | any area before October 1,
1975, and the legal description in | ||||||
11 | the petition for annexation did not
include the entire adjacent | ||||||
12 | highway, any such annexation shall be valid and any
highway | ||||||
13 | adjacent to the area annexed shall be considered to be annexed
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14 | notwithstanding the failure of the petition to annex to include | ||||||
15 | the
description of the entire adjacent highway.
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16 | Any annexation, disconnection and annexation, or | ||||||
17 | disconnection under
this Article of any territory must be | ||||||
18 | reported by certified or
registered mail by the corporate | ||||||
19 | authority initiating the action to the
election authorities | ||||||
20 | having jurisdiction in the territory and the post
office | ||||||
21 | branches serving the territory within 30 days of the | ||||||
22 | annexation,
disconnection and annexation, or disconnection.
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23 | Failure to give notice to the required election authorities | ||||||
24 | or
post office branches will not invalidate the annexation or
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25 | disconnection. For purposes of this Section "election | ||||||
26 | authorities"
means the county clerk where the clerk acts as the |
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1 | clerk of elections
or the clerk of the election commission | ||||||
2 | having jurisdiction.
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3 | No annexation, disconnection and annexation, or | ||||||
4 | disconnection under
this Article of territory having electors | ||||||
5 | residing therein made (1)
before any primary election to be | ||||||
6 | held within the municipality
affected thereby and after the | ||||||
7 | time for filing petitions as a candidate
for nomination to any | ||||||
8 | office to be chosen at the primary election or (2) within
60 | ||||||
9 | days before any general election to be held within the | ||||||
10 | municipality shall be
effective until the day after the date of | ||||||
11 | the primary or general election, as
the case may be.
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12 | For the purpose of this Section, a toll highway or | ||||||
13 | connection between
parcels via an overpass bridge over a toll | ||||||
14 | highway shall not be
considered a deterrent to the definition | ||||||
15 | of contiguous territory.
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16 | When territory is proposed to be annexed
by court order | ||||||
17 | under this Article, the corporate
authorities or petitioners
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18 | initiating the action shall notify each person who pays real | ||||||
19 | estate taxes on
property within that territory unless the | ||||||
20 | person is a petitioner. The notice
shall be served
by certified
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21 | or registered mail, return receipt requested, at least 20 days | ||||||
22 | before a court
hearing or other court action.
If the person
who | ||||||
23 | pays real estate taxes on the property is not the owner of
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24 | record, then the payor shall notify the owner of record of the | ||||||
25 | proposed
annexation.
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26 | (Source: P.A. 93-1098, eff. 1-1-06; 94-361, eff. 1-1-06; |
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1 | 94-1065, eff. 8-1-06.)
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