Local Government Q&A Ancel Glink attorneys each month post a new question and answer on the website. Many of these questions have been edited and collected in a pamphlet in the Ancel Glink Library: 230 Questions that have Actual Answers. Set out below are a series of recent questions and answers. Test your knowledge of questions and answers about local governmental bodies with those listed below. Many of these questions are directed to municipalities, but others specifically deal with municipalities with some questions concern legal issues in the context of other governmental bodies. Many of these answers apply to all governments in Illinois.Click here to submit a question to Ancel Glink.
Municipal Q&A - December 2007:
What government has jurisdiction over land subject to an annexation agreement, but not yet annexed to the municipality?
Answer:
In Illinois, the answer to that question depends on the county where the land is located and the specific answer can have very important financial implications. Municipal officials in Cook and the collar counties shouldn't get too excited about the citation of the statutory language, which doesn't apply to them. The current law on the subject is found at 65 ILCS 5/11-15.1-2.1, and is modified by House Bill 3597, Public Act 0-95-0175, which is effective on January 1, 2008. The basic rule is contained in Subsection A, which indicates that: "property that is the subject of an annexation...is subject to the ordinances, control and jurisdiction of the annexing municipality in all respects the same as property that lies within the annexing municipality's corporate limits." This provision of the law gives the owners of non-contiguous territory and municipalities substantial authority to deal with a variety of issues in annexation agreements. Even though the land is not contiguous to the municipality, and may not be annexed for some period of time, it is the municipality's zoning, drainage and building and other ordinances that will apply. In addition, and of crucial importance, the Illinois Department of Revenue interprets this section of the statutes to authorize the distribution of sales tax revenue to such a municipality even before the land is actually annexed. This provision allows municipalities, with, for example, have available public services such as police, fire, water or sewer to offer those services to a distant parcel of land which, after the execution of an annexation agreement, can return sales tax revenue to the municipality. The State does not take the same approach with regards to income tax or motor fuel tax distributions which require annexation.
Sadly, in large areas of the State, two principal exceptions to this beneficial rule almost make the exceptions bigger than the rule itself. Subsection (b) provides that the extraterritorial jurisdiction, prior to any actual annexation, does not apply in "(i) a county with a population of more than 3,000,000, (ii) a county that borders a county with a population of more than 3,000,000, or (iii) a county with a population of more than 246,000 according to the 1990 Federal Census and bordered by the Mississippi River." In those counties, the ordinances of the municipality only apply if the land is contiguous to the annexing municipality even if for some reason, usually found in the annexation agreement, the land will not be immediately annexed.
There is now an additional exception to the "general rule," that was added in the recent statutory amendment. For property located in Boone, DeKalb, Grundy, Kankakee, Kendall, LaSalle, Ogle or Winnebago County, if the property that is the subject of the annexation agreement is located within 1-1/2 miles of the corporate boundaries of the municipality, that property is subject to the ordinances, control and jurisdiction of the annexing municipality. These listed counties were not covered by the previous exception that dealt principally with Cook and the collar counties. Under the new rule, if the property is located more than 1-1/2 miles from the corporate boundaries of the annexing municipality, the property is subject to the ordinances, control and jurisdiction of the annexing municipality unless the county board retains jurisdiction by the affirmative vote of two-thirds of its members. If the county board exerts such jurisdiction, the annexing municipality may still file a request for jurisdiction with the county board on a case-by-case basis. If the county agrees by the affirmative vote of a majority of its members, then the property covered by the annexation agreement will be subject to the ordinances, control and jurisdiction of the annexing municipality. It is not quite certain whether the phrase "a case-by-case basis" deals with requests regarding a particular portion of a property subject to an annexation agreement in general, or a particular ordinance where the municipality would like its specific jurisdiction to be applicable.
Finally, it should be pointed out that it is not uncommon in annexation agreements for the owners of property to agree to be governed by stricter and non-conflicting municipal standards rather than lesser standards contained within county ordinances.
Previous Questions
Can a public body adjourn to closed session if the subject of the closed meeting is not on the agenda?
Can a municipality shut off water to a multi-tenant building when the landlord, or another tenant, fails to pay a water bill?
Can a municipality regulate the sale of alcoholic beverages over the Internet?
What Can a Municipality Do About the Proliferation of Non-Tax Generating Banks in Prime Retail Areas?
What must a municipality do to allow "electronic participation" in public meetings?
Can a municipality restrict political campaign signs on private property?
Must a municipality prohibit religious groups from using public facilities for meetings and announcements even though non-religious groups are permitted to do so?
May a local government body utilize video surveillance equipment to monitor the activities of its residents without first obtaining a warrant or providing notice to residents with a posted sign?
What are municipalities required to do to restructure firefighter pension boards in April 2006?
Does an arrest or conviction record bar hiring as a police officer or firefighter?
Are Local Governments Eligible
For Grants From Private Foundations?
What Does the New Bankruptcy Law Mean for Municipalities?
Can an Illinois governmental body either by ordinance or referendum provide for the recall of its elected officials?
Is it important for governmental bodies to obtain completion and payment bonds for public works projects?
Can a local government ban convicted sex offenders from use of public parks?
Business Development District Sales Tax:
A New Revenue Source for Municipalities
May a local government require a developer to pay the cost of review of development plans?
May a governmental body give money to a charitable or religious organization?
What is the new Illinois law regarding terms of office of elected public officials?
Are religious institutions entitled to special treatment in zoning cases?
What Must Municipal Officials Do To Comply With The New Federal and State Overtime Regulations?
What Must Municipal Officials Do To Comply With The New State Ethics Acts?
Can a special use or variance be granted only to a particular person for for a limited time?
Does charging a fee for private use of public property destroy its tax-exempt status?
Does the one-year tort statute of limitations always apply against governmental bodies?
Do fire protection district codes supercede municipal codes?
Are Courts Especially Hard On Governmental Bodies?
What Are the New Rules About Recording Closed Meetings?
What Does a Municipality Need to Know About Extending
Utility Lines?
Are Courts Especially Hard On Governmental Bodies?
How Can You Achieve Flexibilty in
Health Care Coverages in a Collective Bargaining Agreement?
Are political discussions subject to the Open Meetings Act?
What can be done about IMRF Overfunding?
How can a municipality regulate wireless internet service providers?
How can governments counter unionization?
Where can I find an outline of zoning and planning issues?
How are closed session Minutes taken, approved and reviewed?
Will insurance companies and governmental pools cover claims
for "regulatory takings?"
Who gets to choose the municipal attorney?
How are the Open Meetings Act and FOIA impacted by municipal
elections?
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