94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0291

 

Introduced 2/3/2005, by Sen. Dale E. Risinger

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/7-1-1   from Ch. 24, par. 7-1-1

    Amends the Illinois Municipal Code. Provides that any territory that is not within the corporate limits of any municipality shall be considered to be contiguous to the municipality for annexation purposes if the territory is separated from the municipality by a former railroad right-of-way that has been been converted to a recreational trail. Provides that the area included within the former railroad right-of-way shall not be considered to be annexed to the municipality. Effective immediately.


LRB094 04282 MKM 34307 b

 

 

A BILL FOR

 

SB0291 LRB094 04282 MKM 34307 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Municipal Code is amended by
5 changing Section 7-1-1 as follows:
 
6     (65 ILCS 5/7-1-1)  (from Ch. 24, par. 7-1-1)
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 (i) a railroad or public utility
15 right-of-way or (ii) a former railroad right-of-way that has
16 been converted into a recreational trail, but upon annexation
17 the area included within that right-of-way or former railroad
18 right-of-way shall not be considered to be annexed to the
19 municipality.
20     Except in counties with a population of more than 500,000
21 but less than 3,000,000, territory which is not contiguous to a
22 municipality but is separated therefrom only by a forest
23 preserve district may be annexed to the municipality pursuant
24 to Sections 7-1-7 or 7-1-8, but only if the annexing
25 municipality can show that the forest preserve district creates
26 an artificial barrier preventing the annexation and that the
27 location of the forest preserve district property prevents the
28 orderly natural growth of the annexing municipality. It shall
29 be conclusively presumed that the forest preserve district does
30 not create an artificial barrier if the property sought to be
31 annexed is bounded on at least 3 sides by (i) one or more other
32 municipalities (other than the municipality seeking annexation

 

 

SB0291 - 2 - LRB094 04282 MKM 34307 b

1 through the existing forest preserve district), (ii) forest
2 preserve district property, or (iii) a combination of other
3 municipalities and forest preserve district property. It shall
4 also be conclusively presumed that the forest preserve district
5 does not create an artificial barrier if the municipality
6 seeking annexation is not the closest municipality to the
7 property to be annexed. The territory included within such
8 forest preserve district shall not be annexed to the
9 municipality nor shall the territory of the forest preserve
10 district be subject to rights-of-way for access or services
11 between the parts of the municipality separated by the forest
12 preserve district without the consent of the governing body of
13 the forest preserve district. The changes made to this Section
14 by this amendatory Act of 91st General Assembly are declaratory
15 of existing law and shall not be construed as a new enactment.
16     In counties that are contiguous to the Mississippi River
17 with populations of more than 200,000 but less than 255,000, a
18 municipality that is partially located in territory that is
19 wholly surrounded by the Mississippi River and a canal,
20 connected at both ends to the Mississippi River and located on
21 property owned by the United States of America, may annex
22 noncontiguous territory in the surrounded territory under
23 Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is separated
24 from the municipality by property owned by the United States of
25 America, but that federal property shall not be annexed without
26 the consent of the federal government.
27     When any land proposed to be annexed is part of any Fire
28 Protection District or of any Public Library District and the
29 annexing municipality provides fire protection or a public
30 library, as the case may be, the Trustees of each District
31 shall be notified in writing by certified or registered mail
32 before any court hearing or other action is taken for
33 annexation. The notice shall be served 10 days in advance. An
34 affidavit that service of notice has been had as provided by
35 this Section must be filed with the clerk of the court in which
36 the annexation proceedings are pending or will be instituted

 

 

SB0291 - 3 - LRB094 04282 MKM 34307 b

1 or, when no court proceedings are involved, with the recorder
2 for the county where the land is situated. No annexation of
3 that land is effective unless service is had and the affidavit
4 filed as provided in this Section.
5     The new boundary shall extend to the far side of any
6 adjacent highway and shall include all of every highway within
7 the area annexed. These highways shall be considered to be
8 annexed even though not included in the legal description set
9 forth in the petition for annexation. When any land proposed to
10 be annexed includes any highway under the jurisdiction of any
11 township, the Township Commissioner of Highways and the Board
12 of Town Trustees shall be notified in writing by certified or
13 registered mail before any court hearing or other action is
14 taken for annexation. In the event that a municipality fails to
15 notify the Township Commissioner of Highways and the Board of
16 Town Trustees of the annexation of an area within the township,
17 the municipality shall reimburse that township for any loss or
18 liability caused by the failure to give notice. If any
19 municipality has annexed any area before October 1, 1975, and
20 the legal description in the petition for annexation did not
21 include the entire adjacent highway, any such annexation shall
22 be valid and any highway adjacent to the area annexed shall be
23 considered to be annexed notwithstanding the failure of the
24 petition to annex to include the description of the entire
25 adjacent highway.
26     Any annexation, disconnection and annexation, or
27 disconnection under this Article of any territory must be
28 reported by certified or registered mail by the corporate
29 authority initiating the action to the election authorities
30 having jurisdiction in the territory and the post office
31 branches serving the territory within 30 days of the
32 annexation, disconnection and annexation, or disconnection.
33     Failure to give notice to the required election authorities
34 or post office branches will not invalidate the annexation or
35 disconnection. For purposes of this Section "election
36 authorities" means the county clerk where the clerk acts as the

 

 

SB0291 - 4 - LRB094 04282 MKM 34307 b

1 clerk of elections or the clerk of the election commission
2 having jurisdiction.
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.
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.
16     When territory is proposed to be annexed by court order
17 under this Article, the corporate authorities or petitioners
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
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
24 record, then the payor shall notify the owner of record of the
25 proposed annexation.
26 (Source: P.A. 90-14, eff. 7-1-97; 91-824, eff. 6-13-00.)
 
27     Section 99. Effective date. This Act takes effect upon
28 becoming law.