(c) If in any action there are persons who would be
unknown parties as defined in Section 2-413 of the Code of
Civil Procedure, those persons may be made defendants to the
action in the same manner and with the same effect as provided
in the Code of Civil Procedure.  The
defendant or
defendants shall be given
notice of the pendency of the action by publication as provided
in the Code of Civil Procedure.

(d) The court shall appoint a guardian ad litem for any party
to the proceeding who is a ward and is not represented by
a guardian.

(e) If it appears that any person not in being, upon coming
into being, is or may become or may claim to be entitled to any
interest in the property sought to be leased, the court shall
appoint a guardian ad litem to appear for and represent the
interest
in the proceeding and to defend the proceeding on behalf
of the person not in being, and any judgment
or order rendered in the proceeding is
as effectual for all purposes as though the person were in being and
were a party to the
proceeding.

(f) The court shall take evidence and hear testimony as to the
matters set forth in the petition.  The court shall determine the
prevailing terms of similar coal leases obtained in the vicinity of the
lands described in the petition, including, but not limited to, length
of primary term, bonus moneys, delay rentals, royalty rates, and other
forms of lease payments.  If, upon taking evidence and hearing
testimony,
it appears that the material allegations of the petition are true
and that there has been compliance with the notice provisions of this
Act, the court shall enter an order determining the interest
of each defendant
in the
coal sought to be leased.  The court shall also
appoint a trustee for the purpose of executing
in favor of the plaintiff or plaintiffs
a coal lease
covering the interest of the
defendant or
defendants.
The judgment appointing the trustee and authorizing
the execution of the lease shall specify the minimum terms which
may be accepted by the trustee.  Those terms shall be substantially
consistent with the terms of other similar coal leases obtained
in the vicinity as determined by the court.  The terms of the
coal lease shall also be substantially consistent with the terms
of other existing leases, if any, covering the remaining coal
interests in the lands
described in the petition.  The lands to be covered by the
coal lease shall be contiguous.  To the extent that any of the
lands described in the petition are not contiguous to other
lands in the petition, those lands shall be the subject of
separate coal leases.  The court shall determine a reasonable
fee to be paid to the trustee and that fee, together with the
reasonable attorney's fees and costs of the proceeding incurred
by the trustee, shall be paid by the plaintiff or plaintiffs.

(g) The
plaintiff or
plaintiffs shall forthwith  furnish the court
with a report of proceedings
of
the evidence received and
testimony taken at the hearing on the petition, and the report
of proceedings shall be filed and made a part of the case record.

(h) In all suits under this Act, the court may investigate and
determine all questions of conflicting or controverted titles,
remove clouds from
the title to the coal,
and establish and confirm the title to the
coal or the right to mine and remove coal from any of the lands.

(i) An action filed under this Act may be joined with an
action under the Severed Mineral Interest Act.

(Source: P.A. 92-390, eff. 8-16-01.)