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Public Act 097-0446
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| HB1320 Enrolled | LRB097 05395 KMW 45453 b |
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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:
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(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 |
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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 |
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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 |
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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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