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| Public Act 097-0446 | ||||
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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 7-1-13 as follows: | ||||
(65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13) | ||||
Sec. 7-1-13. Annexation. | ||||
(a) Whenever any unincorporated territory containing 60
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acres or less, is wholly bounded by (a) one or more | ||||
municipalities, (b)
one or more municipalities and a creek in a | ||||
county with a population of
400,000 or more, or one or more | ||||
municipalities and a river or lake in any
county, (c) one or | ||||
more municipalities and the Illinois State
boundary, (d) except | ||||
as provided in item (h) of this subsection (a), one or more | ||||
municipalities and property owned by the
State of Illinois, | ||||
except highway right-of-way owned in fee by the State,
(e) one | ||||
or more municipalities and a forest preserve district or park | ||||
district,
(f) if the territory is a triangular parcel of less | ||||
than 10 acres, one or
more municipalities and an interstate | ||||
highway owned in fee by the State and
bounded by a frontage | ||||
road, (g) one or more municipalities in a county with a | ||||
population of more than 800,000 inhabitants and less than | ||||
2,000,000 inhabitants and either a railroad or operating | ||||
property, as defined in the Property Tax Code (35 ILCS | ||
200/11-70), being immediately adjacent to, but exclusive of | ||
that railroad property, (h) one or more municipalities located | ||
within a county with a population of more than 800,000 | ||
inhabitants and less than 2,000,000 inhabitants and property | ||
owned by the State, including without limitation a highway | ||
right-of-way owned in fee by the State, or (i) one or more | ||
municipalities and property on which a federally funded | ||
research facility in excess of 2,000 acres is located, that | ||
territory may be annexed
by any municipality by which it is | ||
bounded in whole or in part,
by the passage of an ordinance to | ||
that effect after notice is given as
provided in subsection (b) | ||
of this Section, or (h) one or more municipalities located | ||
within a county with a population of more than 800,000 | ||
inhabitants and less than 2,000,000 inhabitants and property | ||
owned by the State, including without limitation a highway | ||
right-of-way owned in fee by the State. Land or property that | ||
is used for agricultural purposes or to produce agricultural | ||
goods shall not be annexed pursuant to item (g). Nothing in | ||
this Section shall subject any railroad property to the zoning | ||
or jurisdiction of any municipality annexing the property under | ||
this Section. The
ordinance shall describe the territory | ||
annexed and a copy thereof together
with an accurate map of the | ||
annexed territory shall be recorded in the
office of the | ||
recorder of the county wherein the annexed territory is
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situated and a document of annexation shall be filed with the | ||
county clerk
and County Election Authority. Nothing in this | ||
Section shall be construed
as permitting a municipality to | ||
annex territory of a forest preserve
district in a county with | ||
a population of 3,000,000 or more without
obtaining the consent | ||
of the district pursuant to Section 8.3 of the
Cook County | ||
Forest Preserve District Act nor shall anything in this Section | ||
be construed as permitting a municipality to annex territory | ||
owned by a park district without obtaining the consent of the | ||
district pursuant to Section 8-1.1 of the Park District Code. | ||
(b) The corporate authorities shall cause notice, stating | ||
that annexation of the territory described in the notice is | ||
contemplated under this Section, to be published once, in a | ||
newspaper of general circulation within the territory to be | ||
annexed, not less than 10 days before the passage of the | ||
annexation ordinance, and for land annexed pursuant to item (g) | ||
of subsection (a) of this Section, notice shall be given to the | ||
impacted land owners. The corporate authorities shall also, not | ||
less than 15 days before the passage of the annexation | ||
ordinance, serve written notice, either in person or, at a | ||
minimum, by certified mail, on the taxpayer of record of the | ||
proposed annexed territory as appears from the authentic tax | ||
records of the county. When the territory to be annexed lies | ||
wholly or partially within a township other than the township | ||
where the municipality is situated, the annexing municipality | ||
shall give at least 10 days prior written notice of the time
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and place of the passage of the annexation ordinance to the | ||
township
supervisor of the township where the territory to be | ||
annexed lies. If the territory to be annexed lies within the | ||
unincorporated area of a county, then the annexing municipality | ||
shall give at least 10 days' prior written notice of the time
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and place of the passage of the annexation ordinance to the | ||
corporate authorities of the county where the territory to be | ||
annexed lies. | ||
(c) When notice is given as described in subsection (b) of | ||
this Section, no other municipality may annex the proposed | ||
territory for a period of 60 days from the date the notice is | ||
mailed or delivered to the taxpayer of record unless that other | ||
municipality has initiated annexation proceedings or a valid | ||
petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12 | ||
of this Code has been received by the municipality prior to the | ||
publication and mailing of the notices required in subsection | ||
(b). | ||
(Source: P.A. 95-931, eff. 1-1-09; 95-1039, eff. 3-25-09; | ||
96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10; 96-1049, eff. | ||
7-14-10; revised 9-16-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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