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Illinois Compiled Statutes

65 ILCS 5/7-1-46 (2026)

Neither the People of the State of Illinois nor any person, firm or corporation, public or private, nor any association of persons shall commence an action contesting either directly or indirectly the annexation of any territory to a municipality unless initiated within one year after the date such annexation becomes final or within one year of the effective date of this amendatory Act of 1965 whichever date occurs latest

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(65 ILCS 5/7-1-46) (from Ch. 24, par. 7-1-46)
    Sec. 7-1-46. Neither the People of the State of Illinois nor any person, firm or corporation, public or private, nor any association of persons shall commence an action contesting either directly or indirectly the annexation of any territory to a municipality unless initiated within one year after the date such annexation becomes final or within one year of the effective date of this amendatory Act of 1965 whichever date occurs latest. This amendatory Act of 1965 shall apply to annexations made prior to the effective date of the Act as well as those made on or after the effective date. Where a limitation of a shorter period is prescribed by statute such shorter limitation applies. The limitation set forth in this section shall apply to any annexation, even where the judge, body or officer annexing the territory did not at the time of such annexation have jurisdiction of the subject matter, and irrespective of whether such annexation may otherwise be defective or void, except that the limitation of this Section shall not apply to annexations of territory which was not contiguous at the time of annexation and is not contiguous at the time an action is brought to contest such annexation.
(Source: P.A. 82-211.)

    
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1994–2021 · leading case: People Ex Rel. Graf v. Vill. of Lake Bluff, 795 N.E.2d 281 (Ill. 2003).
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People Ex Rel. Graf v. Vill. of Lake Bluff, 795 N.E.2d 281 (Ill. 2003). · cites it 4× “The appellate court believed the provisions of section 7-1-46 of the Code (65 ILCS 5/7-1-46 (West 2000)), imposing a one-year statute of limitations on annexation challenges, showed the legislature's intent that contiguity be a jurisdictional prerequisite.”
Coldwater v. Vill. of Elwood, 2020 IL App (3d) 190247 (Ill. App. Ct. 2020). · cites it 8× “July 1, 2017) petition on the following certified question: “Does 65 ILCS 5/7-1-46 bar parties to an annexation from correcting errors in the legal description after the one-year statutory period has passed?” ¶3 I.”
People Ex Rel. Graf v. Vill. of Lake Bluff, 748 N.E.2d 801 (Ill. App. Ct. 2001). · cites it 4× “By including both requirements in the same portion of the statute (section 7-1-4), the legislature manifested its intent that both were to serve the same function. An additional indication that the legislature intended contiguity to be a jurisdictional prerequisite appears in…”
Stivers v. Bean, 2014 IL App (4th) 130255 (Ill. App. Ct. 2014). · cites it 11× “) Plaintiffs moved for summary judgment on the ground that the expired period of limitation in section 7-1-46 of the Illinois Municipal Code (65 ILCS 5/7-1-46 (West 2002)) barred defendants from challenging the annexations, even in a defensive posture.”
Stivers v. Bean, 2014 IL App (4th) 130255 (Ill. App. Ct. 2014). · cites it 10× “" 65 ILCS 5/7-1-46 (West 2002). ¶ 16 It did not escape the trial court's notice that section 7-1-46 referred to the "commence[ment]" of "an action" rather than the assertion of an affirmative defense.”
People Ex Rel. Brzica v. Vill. of Lake Barrington, 644 N.E.2d 66 (Ill. App. Ct. 1994). · cites it 2× “The petition for leave to file a complaint quo warranto was filed on October 6, 1993, within the one-year limitations period after the annexation was completed by an ordinance adopted October 6, 1993.”
Fiala v. Griffin, 2021 IL App (2d) 210064-U (Ill. App. Ct. 2021). · cites it 2× “Accordingly, as there is a one-year statute of limitations for quo warranto claims under the Municipal Code (65 ILCS 5/7-1-46 (West 2018)), and a three-year statute of limitations under the Code of Civil Procedure (735 ILCS 5/18-104 (West 2018)), defendants asserted that Fiala’s…”
People ex rel. Ropac v. City of Edwardsville Originally filed as Rule 23 Order on 11/17/03 Motion to publish as an Opinion granted 12/26/03 (Ill. App. Ct. 2003). “The exception applies in cases where the territory was not contiguous at the time of the annexation and is not contiguous at the time an action is brought to contest the annexation.”
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