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| Public Act 102-0969 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Section 7-1-1 as follows:
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(65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
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Sec. 7-1-1. Annexation of contiguous territory. Any | ||||
territory that is not within the corporate limits of any | ||||
municipality but
is contiguous to a municipality may be | ||||
annexed to the municipality as provided
in this Article. For | ||||
the purposes of this Article any territory to be annexed
to a | ||||
municipality shall be considered to be contiguous to the | ||||
municipality
notwithstanding that the territory is separated | ||||
from the municipality by a lake, river, or other waterway or | ||||
the territory is separated from the municipality by a
strip | ||||
parcel, railroad or public utility right-of-way, or former | ||||
railroad right-of-way that has been converted to a | ||||
recreational trail, but upon annexation the area included
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within that strip parcel, right-of-way, or former right-of-way | ||||
shall not be considered to be annexed to the
municipality. For | ||||
purposes of this Section, "strip parcel" means a separation no | ||||
wider than 30 feet between the territory to be annexed and the | ||||
municipal boundary.
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Except in counties with a population of more than
600,000
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but
less than 3,000,000, territory which is not contiguous to | ||
a municipality but is
separated therefrom only by a forest | ||
preserve district, federal wildlife refuge, open land or open | ||
space that is part of an open space program, as defined in | ||
Section 115-5 of the Township Code, or conservation area, may | ||
be annexed to the
municipality pursuant to Section 7-1-7 or | ||
7-1-8, but
only if the annexing municipality can show that the | ||
forest preserve district, federal wildlife refuge, open land, | ||
open space, or conservation area
creates an artificial barrier | ||
preventing the annexation and that the location
of the forest | ||
preserve district, federal wildlife refuge, open land, open | ||
space, or conservation area property prevents the orderly | ||
natural growth of
the annexing municipality. Except for | ||
parcels of land less than one acre in size, it shall be | ||
conclusively presumed that the forest
preserve district, | ||
federal wildlife refuge, open land, open space, or | ||
conservation area does not create an artificial barrier if the | ||
property sought
to be annexed is bounded on at least 3 sides by | ||
(i) one or more other
municipalities (other than the | ||
municipality seeking annexation through the
existing forest | ||
preserve district, federal wildlife refuge, open land, open | ||
space, or conservation area), (ii) forest preserve district | ||
property, federal wildlife refuge, open land, open space, or | ||
conservation area, or
(iii) a combination of other | ||
municipalities and forest preserve district
property, federal | ||
wildlife refuge property, open land, open space, or | ||
conservation area. Except of parcels of land less than one | ||
acre in size, it shall also be conclusively presumed that the | ||
forest preserve
district, federal wildlife refuge, open land, | ||
open space, or conservation area
does not create an artificial | ||
barrier if the municipality seeking
annexation is not the | ||
closest municipality within the county to the property to be | ||
annexed.
The territory included
within such forest preserve | ||
district, federal wildlife refuge,
open land, open space, or | ||
conservation area shall not be annexed to the municipality
nor | ||
shall the territory of the forest preserve district, federal | ||
wildlife refuge, open land, open space, or conservation area | ||
be subject to
rights-of-way for access or services between the | ||
parts of the municipality
separated by the forest preserve | ||
district, federal wildlife refuge, open land, open space, or | ||
conservation area without the consent of the governing
body of | ||
the forest preserve district or federal wildlife refuge. | ||
Parcels of land less than one acre in size may be annexed to | ||
the municipality pursuant to Section 7-1-7 or 7-1-8 if it | ||
would be contiguous to the municipality but for the separation | ||
therefrom by a forest preserve district, federal wildlife | ||
refuge, open land or open space that is part of an open space | ||
program, as defined in Section 115-5 of the Township Code, or | ||
conservation area.
The changes made to this Section by Public | ||
Act 91-824 are
declaratory of existing law and shall not be | ||
construed as a new enactment.
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For the purpose of this Section, "conservation area" means | ||
an area dedicated to conservation and owned by a | ||
not-for-profit organized under Section 501(c)(3) of the | ||
Internal Revenue Code of 1986, or any area owned by a | ||
conservation district. | ||
In counties that are contiguous to the Mississippi River | ||
with populations
of more than 200,000 but less than 255,000, a | ||
municipality that is partially
located in territory that is | ||
wholly surrounded by the Mississippi River and a
canal, | ||
connected at both ends to the Mississippi River and located on | ||
property
owned by the United States of America, may annex | ||
noncontiguous territory in the
surrounded territory under | ||
Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated | ||
from the municipality by property owned by the United States | ||
of
America, but that federal property shall not be annexed | ||
without the consent of
the federal government.
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For the purposes of this Article, any territory to be | ||
annexed to a municipality that is located in a county with more | ||
than 500,000 inhabitants shall be considered to be contiguous | ||
to the municipality if only a river and a national heritage | ||
corridor separate the territory from the municipality. Upon | ||
annexation, no river or national heritage corridor shall be | ||
considered annexed to the municipality.
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When any land proposed to be annexed is part of any Fire | ||
Protection
District or of any Public Library District and the | ||
annexing
municipality provides fire protection or a public | ||
library, as the case
may be, the Trustees of each District | ||
shall be notified in writing by
certified or registered mail | ||
before any court hearing or other action is
taken for | ||
annexation. The notice shall be served 10 days in advance.
An | ||
affidavit that service of notice has been had as provided by | ||
this
Section must be filed with the clerk of the court in which | ||
the
annexation proceedings are pending or will be instituted | ||
or, when no
court proceedings are involved, with the recorder | ||
for the
county where the land is situated. No annexation of | ||
that land is
effective unless service is had and the affidavit | ||
filed as provided in
this Section.
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The new boundary shall extend to the far side of any | ||
adjacent highway
and shall include all of every highway within | ||
the area annexed. These
highways shall be considered to be | ||
annexed even though not included in
the legal description set | ||
forth in the petition for annexation. When
any land proposed | ||
to be annexed includes any highway under the
jurisdiction of | ||
any township, the Township Commissioner of Highways,
the Board | ||
of Town Trustees, the Township Supervisor, and the Township | ||
Clerk shall be notified in writing by certified or
registered | ||
mail before any court hearing or other action is taken for
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annexation. In the event that a municipality fails to notify | ||
the Township
Commissioner of Highways, the Board of Town | ||
Trustees, the Township Supervisor, and the Township Clerk of | ||
the annexation
of an area within the township, the | ||
municipality shall reimburse that
township for any loss or | ||
liability caused by the failure to give
notice. If any | ||
municipality has annexed any area before October 1,
1975, and | ||
the legal description in the petition for annexation did not
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include the entire adjacent highway, any such annexation shall | ||
be valid and any
highway adjacent to the area annexed shall be | ||
considered to be annexed
notwithstanding the failure of the | ||
petition to annex to include the
description of the entire | ||
adjacent highway.
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When annexing territory separated from the municipality by | ||
a lake, river, or other waterway, the municipality also | ||
annexes the portion of the lake, river, or other waterway that | ||
would make the municipality and territory contiguous if the | ||
lake, river, or other waterway is under the jurisdiction and | ||
control of another unit of local government or the State, or | ||
the federal government if allowed under federal law, except | ||
for any territory within the corporate limits of another | ||
municipality. | ||
Any annexation, disconnection and annexation, or | ||
disconnection under
this Article of any territory must be | ||
reported by certified or
registered mail by the corporate | ||
authority initiating the action to the
election authorities | ||
having jurisdiction in the territory, the Department of | ||
Transportation, and the post
office branches serving the | ||
territory within 30 days of the annexation,
disconnection and | ||
annexation, or disconnection.
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Failure to give notice to the required election | ||
authorities or
post office branches will not invalidate the | ||
annexation or
disconnection. For purposes of this Section | ||
"election authorities"
means the county clerk where the clerk | ||
acts as the clerk of elections
or the clerk of the election | ||
commission having jurisdiction.
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No annexation, disconnection and annexation, or | ||
disconnection under
this Article of territory having electors | ||
residing therein made (1)
before any primary election to be | ||
held within the municipality
affected thereby and after the | ||
time for filing petitions as a candidate
for nomination to any | ||
office to be chosen at the primary election or (2) within
60 | ||
days before any general election to be held within the | ||
municipality shall be
effective until the day after the date | ||
of the primary or general election, as
the case may be.
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For the purpose of this Section, a toll highway or | ||
connection between
parcels via an overpass bridge over a toll | ||
highway shall not be
considered a deterrent to the definition | ||
of contiguous territory.
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When territory is proposed to be annexed
by court order | ||
under this Article, the corporate
authorities or petitioners
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initiating the action shall notify each person who pays real | ||
estate taxes on
property within that territory unless the | ||
person is a petitioner. The notice
shall be served
by | ||
certified
or registered mail, return receipt requested, at | ||
least 20 days before a court
hearing or other court action.
If | ||
the person
who pays real estate taxes on the property is not | ||
the owner of
record, then the payor shall notify the owner of | ||
record of the proposed
annexation.
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(Source: P.A. 99-63, eff. 1-1-16; 100-53, eff. 1-1-18.)
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