Bill Text: IL HB2407 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Illinois Municipal Code. Provides that, for the purposes of annexation of contiguous territory, territory shall be considered contiguous to a municipality notwithstanding that the territory is separated from the municipality by a lake, river, or other waterway.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Enrolled) 2017-06-16 - Sent to the Governor [HB2407 Detail]

Download: Illinois-2017-HB2407-Enrolled.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5changing 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
8territory that is not within the corporate limits of any
9municipality but is contiguous to a municipality may be annexed
10to the municipality as provided in this Article. For the
11purposes of this Article any territory to be annexed to a
12municipality shall be considered to be contiguous to the
13municipality notwithstanding that the territory is separated
14from the municipality by a lake, river, or other waterway or
15the territory is separated from the municipality by a strip
16parcel, railroad or public utility right-of-way, or former
17railroad right-of-way that has been converted to a recreational
18trail, but upon annexation the area included within that strip
19parcel, right-of-way, or former right-of-way shall not be
20considered to be annexed to the municipality. For purposes of
21this Section, "strip parcel" means a separation no wider than
2230 feet between the territory to be annexed and the municipal
23boundary.

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1 Except in counties with a population of more than 600,000
2but less than 3,000,000, territory which is not contiguous to a
3municipality but is separated therefrom only by a forest
4preserve district, federal wildlife refuge, open land or open
5space that is part of an open space program, as defined in
6Section 115-5 of the Township Code, or conservation area, may
7be annexed to the municipality pursuant to Section 7-1-7 or
87-1-8, but only if the annexing municipality can show that the
9forest preserve district, federal wildlife refuge, open land,
10open space, or conservation area creates an artificial barrier
11preventing the annexation and that the location of the forest
12preserve district, federal wildlife refuge, open land, open
13space, or conservation area property prevents the orderly
14natural growth of the annexing municipality. Except for parcels
15of land less than one acre in size, it shall be conclusively
16presumed that the forest preserve district, federal wildlife
17refuge, open land, open space, or conservation area does not
18create an artificial barrier if the property sought to be
19annexed is bounded on at least 3 sides by (i) one or more other
20municipalities (other than the municipality seeking annexation
21through the existing forest preserve district, federal
22wildlife refuge, open land, open space, or conservation area),
23(ii) forest preserve district property, federal wildlife
24refuge, open land, open space, or conservation area, or (iii) a
25combination of other municipalities and forest preserve
26district property, federal wildlife refuge property, open

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1land, open space, or conservation area. Except of parcels of
2land less than one acre in size, it shall also be conclusively
3presumed that the forest preserve district, federal wildlife
4refuge, open land, open space, or conservation area does not
5create an artificial barrier if the municipality seeking
6annexation is not the closest municipality within the county to
7the property to be annexed. The territory included within such
8forest preserve district, federal wildlife refuge, open land,
9open space, or conservation area shall not be annexed to the
10municipality nor shall the territory of the forest preserve
11district, federal wildlife refuge, open land, open space, or
12conservation area be subject to rights-of-way for access or
13services between the parts of the municipality separated by the
14forest preserve district, federal wildlife refuge, open land,
15open space, or conservation area without the consent of the
16governing body of the forest preserve district or federal
17wildlife refuge. Parcels of land less than one acre in size may
18be annexed to the municipality pursuant to Section 7-1-7 or
197-1-8 if it would be contiguous to the municipality but for the
20separation therefrom by a forest preserve district, federal
21wildlife refuge, open land or open space that is part of an
22open space program, as defined in Section 115-5 of the Township
23Code, or conservation area. The changes made to this Section by
24Public Act 91-824 are declaratory of existing law and shall not
25be construed as a new enactment.
26 For the purpose of this Section, "conservation area" means

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1an area dedicated to conservation and owned by a not-for-profit
2organized under Section 501(c)(3) of the Internal Revenue Code
3of 1986, or any area owned by a conservation district.
4 In counties that are contiguous to the Mississippi River
5with populations of more than 200,000 but less than 255,000, a
6municipality that is partially located in territory that is
7wholly surrounded by the Mississippi River and a canal,
8connected at both ends to the Mississippi River and located on
9property owned by the United States of America, may annex
10noncontiguous territory in the surrounded territory under
11Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is separated
12from the municipality by property owned by the United States of
13America, but that federal property shall not be annexed without
14the consent of the federal government.
15 For the purposes of this Article, any territory to be
16annexed to a municipality that is located in a county with more
17than 500,000 inhabitants shall be considered to be contiguous
18to the municipality if only a river and a national heritage
19corridor separate the territory from the municipality. Upon
20annexation, no river or national heritage corridor shall be
21considered annexed to the municipality.
22 When any land proposed to be annexed is part of any Fire
23Protection District or of any Public Library District and the
24annexing municipality provides fire protection or a public
25library, as the case may be, the Trustees of each District
26shall be notified in writing by certified or registered mail

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1before any court hearing or other action is taken for
2annexation. The notice shall be served 10 days in advance. An
3affidavit that service of notice has been had as provided by
4this Section must be filed with the clerk of the court in which
5the annexation proceedings are pending or will be instituted
6or, when no court proceedings are involved, with the recorder
7for the county where the land is situated. No annexation of
8that land is effective unless service is had and the affidavit
9filed as provided in this Section.
10 The new boundary shall extend to the far side of any
11adjacent highway and shall include all of every highway within
12the area annexed. These highways shall be considered to be
13annexed even though not included in the legal description set
14forth in the petition for annexation. When any land proposed to
15be annexed includes any highway under the jurisdiction of any
16township, the Township Commissioner of Highways, the Board of
17Town Trustees, the Township Supervisor, and the Township Clerk
18shall be notified in writing by certified or registered mail
19before any court hearing or other action is taken for
20annexation. In the event that a municipality fails to notify
21the Township Commissioner of Highways, the Board of Town
22Trustees, the Township Supervisor, and the Township Clerk of
23the annexation of an area within the township, the municipality
24shall reimburse that township for any loss or liability caused
25by the failure to give notice. If any municipality has annexed
26any area before October 1, 1975, and the legal description in

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1the petition for annexation did not include the entire adjacent
2highway, any such annexation shall be valid and any highway
3adjacent to the area annexed shall be considered to be annexed
4notwithstanding the failure of the petition to annex to include
5the description of the entire adjacent highway.
6 When annexing territory separated from the municipality by
7a lake, river, or other waterway, the municipality also annexes
8the portion of the lake, river, or other waterway that would
9make the municipality and territory contiguous if the lake,
10river, or other waterway is under the jurisdiction and control
11of another unit of local government or the State, or the
12federal government if allowed under federal law, except for any
13territory within the corporate limits of another municipality.
14 Any annexation, disconnection and annexation, or
15disconnection under this Article of any territory must be
16reported by certified or registered mail by the corporate
17authority initiating the action to the election authorities
18having jurisdiction in the territory and the post office
19branches serving the territory within 30 days of the
20annexation, disconnection and annexation, or disconnection.
21 Failure to give notice to the required election authorities
22or post office branches will not invalidate the annexation or
23disconnection. For purposes of this Section "election
24authorities" means the county clerk where the clerk acts as the
25clerk of elections or the clerk of the election commission
26having jurisdiction.

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1 No annexation, disconnection and annexation, or
2disconnection under this Article of territory having electors
3residing therein made (1) before any primary election to be
4held within the municipality affected thereby and after the
5time for filing petitions as a candidate for nomination to any
6office to be chosen at the primary election or (2) within 60
7days before any general election to be held within the
8municipality shall be effective until the day after the date of
9the primary or general election, as the case may be.
10 For the purpose of this Section, a toll highway or
11connection between parcels via an overpass bridge over a toll
12highway shall not be considered a deterrent to the definition
13of contiguous territory.
14 When territory is proposed to be annexed by court order
15under this Article, the corporate authorities or petitioners
16initiating the action shall notify each person who pays real
17estate taxes on property within that territory unless the
18person is a petitioner. The notice shall be served by certified
19or registered mail, return receipt requested, at least 20 days
20before a court hearing or other court action. If the person who
21pays real estate taxes on the property is not the owner of
22record, then the payor shall notify the owner of record of the
23proposed annexation.
24(Source: P.A. 99-63, eff. 1-1-16.)
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