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| Public Act 094-0361 |
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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 and by adding Section 7-1-5.3 as | ||||
follows:
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(65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
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(Text of Section before amendment by P.A. 93-1098)
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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
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
within that right-of-way or former right-of-way shall | ||||
not be considered to be annexed to the
municipality.
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Except in counties with a population of more than 600,000
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500,000 but
less than 3,000,000, territory which is not | ||||
contiguous to a municipality but is
separated therefrom only by | ||||
a forest preserve district may be annexed to the
municipality | ||||
pursuant to Section
Sections 7-1-7 or 7-1-8, but
only if the | ||||
annexing municipality can show that the forest preserve | ||||
district
creates an artificial barrier preventing the | ||||
annexation and that the location
of the forest preserve | ||||
district property prevents the orderly natural growth of
the | ||||
annexing municipality. It shall be conclusively presumed that | ||||
the forest
preserve district 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), (ii) forest preserve district | ||
property, or
(iii) a combination of other municipalities and | ||
forest preserve district
property. It shall also be | ||
conclusively presumed that the forest preserve
district does | ||
not create an artificial barrier if the municipality seeking
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annexation is not the closest municipality to the property to | ||
be annexed.
The territory included
within such forest preserve | ||
district shall not be annexed to the municipality
nor shall the | ||
territory of the forest preserve district be subject to
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rights-of-way for access or services between the parts of the | ||
municipality
separated by the forest preserve district without | ||
the consent of the governing
body of the forest preserve | ||
district.
The changes made to this Section by this amendatory | ||
Act of 91st General
Assembly are
declaratory of existing law | ||
and shall not be construed as a new enactment.
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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 and
the Board | ||
of Town Trustees shall be notified in writing by certified or
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registered mail before any court hearing or other action is | ||
taken for
annexation. In the event that a municipality fails to | ||
notify the Township
Commissioner of Highways and the Board of | ||
Town Trustees 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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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 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
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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. 90-14, eff. 7-1-97; 91-824, eff. 6-13-00.)
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(Text of Section after amendment by P.A. 93-1098)
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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
strip parcel,
or 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
within that strip parcel,
or 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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500,000
but
less than 3,000,000, territory which is not | ||
contiguous to a municipality but is
separated therefrom only by | ||
a forest preserve district or open land or open space that is | ||
part of an open space program, as defined in Section 115-5 of | ||
the Township Code, may be annexed to the
municipality pursuant | ||
to Section
Sections 7-1-7 or 7-1-8, but
only if the annexing | ||
municipality can show that the forest preserve district, open | ||
land, or open space
creates an artificial barrier preventing | ||
the annexation and that the location
of the forest preserve | ||
district, open land, or open space property prevents the | ||
orderly natural growth of
the annexing municipality. It shall | ||
be conclusively presumed that the forest
preserve district, | ||
open land, or open space
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, open land, or open space), (ii) forest | ||
preserve district property, open land, or open space, or
(iii) | ||
a combination of other municipalities and forest preserve | ||
district
property, open land, or open space. It shall also be | ||
conclusively presumed that the forest preserve
district, open | ||
land, or open space
does not create an artificial barrier if | ||
the municipality seeking
annexation is not the closest | ||
municipality to the property to be annexed.
The territory | ||
included
within such forest preserve district, open land, or | ||
open space shall not be annexed to the municipality
nor shall | ||
the territory of the forest preserve district, open land, or | ||
open space be subject to
rights-of-way for access or services | ||
between the parts of the municipality
separated by the forest | ||
preserve district, open land, or open space without the consent | ||
of the governing
body of the forest preserve district.
The | ||
changes made to this Section by this amendatory Act of 91st | ||
General
Assembly are
declaratory of existing law and shall not | ||
be construed as a new enactment.
| ||
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.
| ||
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.
| ||
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.
| ||
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 and
the Board | ||
of Town Trustees shall be notified in writing by certified or
| ||
registered mail before any court hearing or other action is | ||
taken for
annexation. In the event that a municipality fails to | ||
notify the Township
Commissioner of Highways and the Board of | ||
Town Trustees 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
| ||
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.
| ||
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 and the post
office | ||
branches serving the territory within 30 days of the | ||
annexation,
disconnection and annexation, or disconnection.
| ||
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.
| ||
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.
| ||
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.
| ||
When territory is proposed to be annexed
by court order | ||
under this Article, the corporate
authorities or petitioners
| ||
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.
| ||
(Source: P.A. 93-1098, eff. 1-1-06.)
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(65 ILCS 5/7-1-5.3 new)
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Sec. 7-1-5.3. Planned unit development; rail-trail. When a | ||
developer petitions a municipality to annex property for a | ||
planned unit development of residential, commercial, or | ||
industrial sub-divisions that is located adjacent to a former | ||
railroad right-of-way that has been converted to a recreational | ||
trail ("rail-trail") that is owned by the State, a unit of | ||
local government, or a non-profit organization, the | ||
municipality shall notify the State, unit of local government, | ||
or non-profit organization and furnish the proposed | ||
development plans to the State, unit of local government, or | ||
non-profit organization for review. The municipality shall | ||
require the developer petitioning for annexation to reasonably | ||
accommodate the rail-trail and modify its proposed development | ||
plans to ensure against adverse impacts to the users of the | ||
rail-trail or the natural and built resources within the | ||
right-of-way. If the municipality does not require the | ||
developer to make a modification prior to annexation, the | ||
municipality shall provide a written explanation to the State, | ||
unit of local government, or non-profit organization owning the | ||
rail-trail. The intent of this review and planning process is | ||
to ensure that no development along a rail-trail negatively | ||
affects the safety of users or the natural and built resources | ||
within the right-of-way.
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Section 95. No acceleration or delay. Where this Act makes | ||
changes in a
statute that is represented in this Act by text | ||
that is not yet or no longer in
effect (for example, a Section | ||
represented by multiple versions), the use of
that text does | ||
not accelerate or delay the taking effect of (i) the changes
| ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. | ||