State of Illinois
92nd General Assembly

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 1        AN ACT concerning municipal 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
10    annexed to the municipality as provided in this Article.  For
11    the 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
16    that right-of-way shall not be considered to  be  annexed  to
17    the 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
20    a  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
24    creates  an  artificial barrier preventing the annexation and
25    that the location of the forest  preserve  district  property
26    prevents   the   orderly   natural  growth  of  the  annexing
27    municipality.  It shall be  conclusively  presumed  that  the
28    forest  preserve  district  does  not  create  an  artificial
29    barrier if the property sought to be annexed is bounded on at
30    least  3 sides by (i) one or more other municipalities (other
31    than the municipality seeking annexation through the existing
                            -2-                LRB9206652OBpc
 1    forest preserve  district),  (ii)  forest  preserve  district
 2    property,  or (iii) a combination of other municipalities and
 3    forest  preserve  district  property.   It  shall   also   be
 4    conclusively  presumed that the forest preserve district does
 5    not create an artificial barrier if the municipality  seeking
 6    annexation is not the closest municipality to the property to
 7    be   annexed.  the  territory  included  within  such  forest
 8    preserve district shall not be annexed  to  the  municipality
 9    nor  shall  the  territory of the forest preserve district be
10    subject to rights-of-way for access or services  between  the
11    parts  of  the  municipality separated by the forest preserve
12    district without the consent of the  governing  body  of  the
13    forest preserve district. The changes made to this Section by
14    this  amendatory Act of 91st General Assembly are declaratory
15    of  existing  law  and  shall  not  be  construed  as  a  new
16    enactment.
17        In counties that are contiguous to the Mississippi  River
18    with  populations of more than 200,000 but less than 255,000,
19    a municipality that is partially located in territory that is
20    wholly surrounded by  the  Mississippi  River  and  a  canal,
21    connected  at  both ends to the Mississippi River and located
22    on property owned by the United States of America, may  annex
23    noncontiguous  territory  in  the  surrounded territory under
24    Sections  7-1-7,  7-1-8,  or  7-1-9  if  that  territory   is
25    separated  from  the  municipality  by  property owned by the
26    United States of America, but that federal property shall not
27    be annexed without the consent of the federal government.
28        When any land proposed to be annexed is part of any  Fire
29    Protection District or of any Public Library District and the
30    annexing  municipality  provides  fire protection or a public
31    library, as the case may be, the Trustees  of  each  District
32    shall  be notified in writing by certified or registered mail
33    before any  court  hearing  or  other  action  is  taken  for
34    annexation.   The  notice shall be served 10 days in advance.
                            -3-                LRB9206652OBpc
 1    An affidavit that service of notice has been had as  provided
 2    by  this Section must be filed with the clerk of the court in
 3    which the annexation  proceedings  are  pending  or  will  be
 4    instituted  or,  when no court proceedings are involved, with
 5    the recorder for the county where the land is  situated.   No
 6    annexation  of  that  land is effective unless service is had
 7    and the affidavit filed as provided in this Section.
 8        The new boundary shall extend to  the  far  side  of  any
 9    adjacent  highway  and  shall  include  all  of every highway
10    within the area annexed.  These highways shall be  considered
11    to   be  annexed  even  though  not  included  in  the  legal
12    description set forth in the petition for  annexation.   When
13    any  land  proposed  to be annexed includes any highway under
14    the jurisdiction of any township, the  Township  Commissioner
15    of  Highways and the Board of Town Trustees shall be notified
16    in writing by certified or registered mail before  any  court
17    hearing or other action is taken for annexation. In the event
18    that a municipality fails to notify the Township Commissioner
19    of  Highways and the Board of Town Trustees of the annexation
20    of an  area  within  the  township,  the  municipality  shall
21    reimburse  that  township for any loss or liability caused by
22    the failure to give notice. If any municipality  has  annexed
23    any area before October 1, 1975, and the legal description in
24    the  petition  for  annexation  did  not  include  the entire
25    adjacent highway, any such annexation shall be valid and  any
26    highway  adjacent  to the area annexed shall be considered to
27    be annexed notwithstanding the failure  of  the  petition  to
28    annex  to  include  the  description  of  the entire adjacent
29    highway.
30        Any  annexation,   disconnection   and   annexation,   or
31    disconnection  under  this  Article  of any territory must be
32    reported by certified or registered  mail  by  the  corporate
33    authority  initiating  the action to the election authorities
34    having jurisdiction in the  territory  and  the  post  office
                            -4-                LRB9206652OBpc
 1    branches   serving  the  territory  within  30  days  of  the
 2    annexation, disconnection and annexation, or disconnection.
 3        Failure  to  give  notice  to   the   required   election
 4    authorities  or  post office branches will not invalidate the
 5    annexation or disconnection.  For purposes  of  this  Section
 6    "election authorities" means the county clerk where the clerk
 7    acts  as  the clerk of elections or the clerk of the election
 8    commission having jurisdiction.
 9        No   annexation,   disconnection   and   annexation,   or
10    disconnection under this Article of territory having electors
11    residing therein made (1) before any primary election  to  be
12    held  within  the municipality affected thereby and after the
13    time for filing petitions as a candidate  for  nomination  to
14    any office to be chosen at the primary election or (2) within
15    60  days  before  any  general election to be held within the
16    municipality shall be effective until the day after the  date
17    of the primary or general election, as the case may be.
18        For  the  purpose  of  this  Section,  a  toll highway or
19    connection between parcels via an overpass bridge over a toll
20    highway shall not be considered a deterrent to the definition
21    of contiguous territory.
22        When territory is proposed to be annexed by  court  order
23    under  this Article, the corporate authorities or petitioners
24    initiating the action shall notify each person who pays  real
25    estate  taxes  on  property  within that territory unless the
26    person is a  petitioner.   The  notice  shall  be  served  by
27    certified  or  registered  mail, return receipt requested, at
28    least 20 days before a court hearing or other  court  action.
29    If  the  person who pays real estate taxes on the property is
30    not the owner of record, then  the  payor  shall  notify  the
31    owner of record of the proposed annexation.
32    (Source: P.A. 90-14, eff. 7-1-97; 91-824, eff. 6-13-00.)

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