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92_SB1282eng SB1282 Engrossed LRB9207816LDpr 1 AN ACT in relation to territory annexations. 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 SectionSections7-1-7 or 7-1-8, but in counties with a 23 population of 3,000,000 or more, territory that is not 24 contiguous to a municipality but is separated therefrom only 25 by a forest preserve district may be annexed to the 26 municipality pursuant to Section 7-1-7 or 7-1-8 only if the 27 annexing municipality can show that the forest preserve 28 district creates an artificial barrier preventing the 29 annexation and that the location of the forest preserve 30 district property prevents the orderly natural growth of the 31 annexing municipality. It shall be conclusively presumed SB1282 Engrossed -2- LRB9207816LDpr 1 that the forest preserve district does not create an 2 artificial barrier if the property sought to be annexed is 3 bounded on at least 3 sides by (i) one or more other 4 municipalities (other than the municipality seeking 5 annexation through the existing forest preserve district), 6 (ii) forest preserve district property, or (iii) a 7 combination of other municipalities and forest preserve 8 district property. It shall also be conclusively presumed 9 that the forest preserve district does not create an 10 artificial barrier if the municipality seeking annexation is 11 not the closest municipality to the property to be annexed. 12 The territory included within such forest preserve district 13 shall not be annexed to the municipality nor shall the 14 territory of the forest preserve district be subject to 15 rights-of-way for access or services between the parts of the 16 municipality separated by the forest preserve district 17 without the consent of the governing body of the forest 18 preserve district. The changes made to this Section by this 19 amendatory Act of 91st General Assembly are declaratory of 20 existing law and shall not be construed as a new enactment. 21 In counties that are contiguous to the Mississippi River 22 with populations of more than 200,000 but less than 255,000, 23 a municipality that is partially located in territory that is 24 wholly surrounded by the Mississippi River and a canal, 25 connected at both ends to the Mississippi River and located 26 on property owned by the United States of America, may annex 27 noncontiguous territory in the surrounded territory under 28 Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is 29 separated from the municipality by property owned by the 30 United States of America, but that federal property shall not 31 be annexed without the consent of the federal government. 32 When any land proposed to be annexed is part of any Fire 33 Protection District or of any Public Library District and the 34 annexing municipality provides fire protection or a public SB1282 Engrossed -3- LRB9207816LDpr 1 library, as the case may be, the Trustees of each District 2 shall be notified in writing by certified or registered mail 3 before any court hearing or other action is taken for 4 annexation. The notice shall be served 10 days in advance. 5 An affidavit that service of notice has been had as provided 6 by this Section must be filed with the clerk of the court in 7 which the annexation proceedings are pending or will be 8 instituted or, when no court proceedings are involved, with 9 the recorder for the county where the land is situated. No 10 annexation of that land is effective unless service is had 11 and the affidavit filed as provided in this Section. 12 The new boundary shall extend to the far side of any 13 adjacent highway and shall include all of every highway 14 within the area annexed. These highways shall be considered 15 to be annexed even though not included in the legal 16 description set forth in the petition for annexation. When 17 any land proposed to be annexed includes any highway under 18 the jurisdiction of any township, the Township Commissioner 19 of Highways and the Board of Town Trustees shall be notified 20 in writing by certified or registered mail before any court 21 hearing or other action is taken for annexation. In the event 22 that a municipality fails to notify the Township Commissioner 23 of Highways and the Board of Town Trustees of the annexation 24 of an area within the township, the municipality shall 25 reimburse that township for any loss or liability caused by 26 the failure to give notice. If any municipality has annexed 27 any area before October 1, 1975, and the legal description in 28 the petition for annexation did not include the entire 29 adjacent highway, any such annexation shall be valid and any 30 highway adjacent to the area annexed shall be considered to 31 be annexed notwithstanding the failure of the petition to 32 annex to include the description of the entire adjacent 33 highway. 34 Any annexation, disconnection and annexation, or SB1282 Engrossed -4- LRB9207816LDpr 1 disconnection under this Article of any territory must be 2 reported by certified or registered mail by the corporate 3 authority initiating the action to the election authorities 4 having jurisdiction in the territory and the post office 5 branches serving the territory within 30 days of the 6 annexation, disconnection and annexation, or disconnection. 7 Failure to give notice to the required election 8 authorities or post office branches will not invalidate the 9 annexation or disconnection. For purposes of this Section 10 "election authorities" means the county clerk where the clerk 11 acts as the clerk of elections or the clerk of the election 12 commission having jurisdiction. 13 No annexation, disconnection and annexation, or 14 disconnection under this Article of territory having electors 15 residing therein made (1) before any primary election to be 16 held within the municipality affected thereby and after the 17 time for filing petitions as a candidate for nomination to 18 any office to be chosen at the primary election or (2) within 19 60 days before any general election to be held within the 20 municipality shall be effective until the day after the date 21 of the primary or general election, as the case may be. 22 For the purpose of this Section, a toll highway or 23 connection between parcels via an overpass bridge over a toll 24 highway shall not be considered a deterrent to the definition 25 of contiguous territory. 26 When territory is proposed to be annexed by court order 27 under this Article, the corporate authorities or petitioners 28 initiating the action shall notify each person who pays real 29 estate taxes on property within that territory unless the 30 person is a petitioner. The notice shall be served by 31 certified or registered mail, return receipt requested, at 32 least 20 days before a court hearing or other court action. 33 If the person who pays real estate taxes on the property is 34 not the owner of record, then the payor shall notify the SB1282 Engrossed -5- LRB9207816LDpr 1 owner of record of the proposed annexation. 2 (Source: P.A. 90-14, eff. 7-1-97; 91-824, eff. 6-13-00.) 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.