Illinois General Assembly - Full Text of HB5555
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Full Text of HB5555  96th General Assembly



HB5555 Enrolled LRB096 17998 RLJ 33369 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 7-1-13 as follows:
6     (65 ILCS 5/7-1-13)  (from Ch. 24, par. 7-1-13)
7     Sec. 7-1-13. Annexation.
8     (a) Whenever any unincorporated territory containing 60
9 acres or less, is wholly bounded by (a) one or more
10 municipalities, (b) one or more municipalities and a creek in a
11 county with a population of 400,000 or more, or one or more
12 municipalities and a river or lake in any county, (c) one or
13 more municipalities and the Illinois State boundary, (d) except
14 as provided in item (h) of this subsection (a), one or more
15 municipalities and property owned by the State of Illinois,
16 except highway right-of-way owned in fee by the State, (e) one
17 or more municipalities and a forest preserve district or park
18 district, (f) if the territory is a triangular parcel of less
19 than 10 acres, one or more municipalities and an interstate
20 highway owned in fee by the State and bounded by a frontage
21 road, or (g) one or more municipalities in a county with a
22 population of more than 800,000 inhabitants and less than
23 2,000,000 inhabitants and either a railroad or operating



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1 property, as defined in the Property Tax Code (35 ILCS
2 200/11-70), being immediately adjacent to, but exclusive of
3 that railroad property, that territory may be annexed by any
4 municipality by which it is bounded in whole or in part, by the
5 passage of an ordinance to that effect after notice is given as
6 provided in subsection (b) of this Section, or (h) one or more
7 municipalities located within a county with a population of
8 more than 800,000 inhabitants and less than 2,000,000
9 inhabitants and property owned by the State, including without
10 limitation a highway right-of-way owned in fee by the State.
11 Land or property that is used for agricultural purposes or to
12 produce agricultural goods shall not be annexed pursuant to
13 item (g). Nothing in this Section shall subject any railroad
14 property to the zoning or jurisdiction of any municipality
15 annexing the property under this Section. , and for land
16 annexed pursuant to item (g), notice shall be given to the
17 impacted land owners The ordinance shall describe the territory
18 annexed and a copy thereof together with an accurate map of the
19 annexed territory shall be recorded in the office of the
20 recorder of the county wherein the annexed territory is
21 situated and a document of annexation shall be filed with the
22 county clerk and County Election Authority. Nothing in this
23 Section shall be construed as permitting a municipality to
24 annex territory of a forest preserve district in a county with
25 a population of 3,000,000 or more without obtaining the consent
26 of the district pursuant to Section 8.3 of the Cook County



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1 Forest Preserve District Act nor shall anything in this Section
2 be construed as permitting a municipality to annex territory
3 owned by a park district without obtaining the consent of the
4 district pursuant to Section 8-1.1 of the Park District Code.
5     (b) The corporate authorities shall cause notice, stating
6 that annexation of the territory described in the notice is
7 contemplated under this Section, to be published once, in a
8 newspaper of general circulation within the territory to be
9 annexed, not less than 10 days before the passage of the
10 annexation ordinance, and for land annexed pursuant to item (g)
11 of subsection (a) of this Section, notice shall be given to the
12 impacted land owners. The corporate authorities shall also, not
13 less than 15 days before the passage of the annexation
14 ordinance, serve written notice, either in person or, at a
15 minimum, by certified mail, on the taxpayer of record of the
16 proposed annexed territory as appears from the authentic tax
17 records of the county. When the territory to be annexed lies
18 wholly or partially within a township other than the township
19 where the municipality is situated, the annexing municipality
20 shall give at least 10 days prior written notice of the time
21 and place of the passage of the annexation ordinance to the
22 township supervisor of the township where the territory to be
23 annexed lies.
24     (c) When notice is given as described in subsection (b) of
25 this Section, no other municipality may annex the proposed
26 territory for a period of 60 days from the date the notice is



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1 mailed or delivered to the taxpayer of record unless that other
2 municipality has initiated annexation proceedings or a valid
3 petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12
4 of this Code has been received by the municipality prior to the
5 publication and mailing of the notices required in subsection
6 (b).
7 (Source: P.A. 94-396, eff. 8-1-05; 95-931, eff. 1-1-09;
8 95-1039, eff. 3-25-09; revised 4-9-09.)
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.