94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0434

 

Introduced 2/16/2005, by Sen. Arthur J. Wilhelmi

 

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

    Amends the Illinois Municipal Code. Provides that, when any land is proposed to be annexed to a municipality, the corporate authorities of each school district potentially affected by the proposed annexation shall be notified by the municipality in writing by certified or registered mail before any court hearing or other action is taken for annexation. Establishes procedures for the service of the notice. Provides that the annexation of that land is not effective without such service. Effective immediately.


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A BILL FOR

 

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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 Sections 7-1-1 and 7-1-2 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 a railroad or public utility
15 right-of-way, but upon annexation the area included within that
16 right-of-way shall not be considered to be annexed to the
17 municipality.
18     Except in counties with a population of more than 500,000
19 but less than 3,000,000, territory which is not contiguous to a
20 municipality but is separated therefrom only by a forest
21 preserve district may be annexed to the municipality pursuant
22 to Sections 7-1-7 or 7-1-8, but only if the annexing
23 municipality can show that the forest preserve district creates
24 an artificial barrier preventing the annexation and that the
25 location of the forest preserve district property prevents the
26 orderly natural growth of the annexing municipality. It shall
27 be conclusively presumed that the forest preserve district does
28 not create an artificial barrier if the property sought to be
29 annexed is bounded on at least 3 sides by (i) one or more other
30 municipalities (other than the municipality seeking annexation
31 through the existing forest preserve district), (ii) forest
32 preserve district property, or (iii) a combination of other

 

 

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1 municipalities and forest preserve district property. It shall
2 also be conclusively presumed that the forest preserve district
3 does not create an artificial barrier if the municipality
4 seeking annexation is not the closest municipality to the
5 property to be annexed. The territory included within such
6 forest preserve district shall not be annexed to the
7 municipality nor shall the territory of the forest preserve
8 district be subject to rights-of-way for access or services
9 between the parts of the municipality separated by the forest
10 preserve district without the consent of the governing body of
11 the forest preserve district. The changes made to this Section
12 by this amendatory Act of 91st General Assembly are declaratory
13 of existing law and shall not be construed as a new enactment.
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
23 America, but that federal property shall not be annexed without
24 the consent of the federal government.
25     When any land proposed to be annexed is part of any Fire
26 Protection District or of any Public Library District and the
27 annexing municipality provides fire protection or a public
28 library, as the case may be, the Trustees of each District
29 shall be notified in writing by certified or registered mail
30 before any court hearing or other action is taken for
31 annexation. The notice shall be served 10 days in advance. An
32 affidavit that service of notice has been had as provided by
33 this Section must be filed with the clerk of the court in which
34 the annexation proceedings are pending or will be instituted
35 or, when no court proceedings are involved, with the recorder
36 for the county where the land is situated. No annexation of

 

 

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

 

 

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1 adjacent highway.
2     Any annexation, disconnection and annexation, or
3 disconnection under this Article of any territory must be
4 reported by certified or registered mail by the corporate
5 authority initiating the action to the election authorities
6 having jurisdiction in the territory and the post office
7 branches serving the territory within 30 days of the
8 annexation, disconnection and annexation, or disconnection.
9     Failure to give notice to the required election authorities
10 or post office branches will not invalidate the annexation or
11 disconnection. For purposes of this Section "election
12 authorities" means the county clerk where the clerk acts as the
13 clerk of elections or the clerk of the election commission
14 having jurisdiction.
15     No annexation, disconnection and annexation, or
16 disconnection under this Article of territory having electors
17 residing therein made (1) before any primary election to be
18 held within the municipality affected thereby and after the
19 time for filing petitions as a candidate for nomination to any
20 office to be chosen at the primary election or (2) within 60
21 days before any general election to be held within the
22 municipality shall be effective until the day after the date of
23 the primary or general election, as the case may be.
24     For the purpose of this Section, a toll highway or
25 connection between parcels via an overpass bridge over a toll
26 highway shall not be considered a deterrent to the definition
27 of contiguous territory.
28     When territory is proposed to be annexed by court order
29 under this Article, the corporate authorities or petitioners
30 initiating the action shall notify each person who pays real
31 estate taxes on property within that territory unless the
32 person is a petitioner. The notice shall be served by certified
33 or registered mail, return receipt requested, at least 20 days
34 before a court hearing or other court action. If the person who
35 pays real estate taxes on the property is not the owner of
36 record, then the payor shall notify the owner of record of the

 

 

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1 proposed annexation.
2 (Source: P.A. 90-14, eff. 7-1-97; 91-824, eff. 6-13-00.)
 
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.