Full Text of SB2274 93rd General Assembly
SB2274enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning property.
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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 Code of Civil Procedure is amended by | 5 |
| changing Sections 17-101, 17-105, 17-106, and 17-112 as | 6 |
| follows:
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| (735 ILCS 5/17-101) (from Ch. 110, par. 17-101)
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| Sec. 17-101. Compelling partition. When lands, tenements, | 9 |
| or hereditaments
are held in joint
tenancy or tenancy in common | 10 |
| or other form of co-ownership and regardless of , whether such | 11 |
| right or title is derived by
purchase, legacy or descent, or | 12 |
| whether any or all of the claimants are
minors or adults, any | 13 |
| one or more of the persons interested therein
may compel a | 14 |
| partition thereof by a verified complaint in the circuit court | 15 |
| of
the
county where the premises or part of the premises are | 16 |
| situated.
If lands, tenements or hereditaments held in joint | 17 |
| tenancy or tenancy in
common are situated in 2 or more | 18 |
| counties, the venue may be in any one
of such counties, and the | 19 |
| circuit court of any such county first
acquiring jurisdiction | 20 |
| shall retain sole and exclusive jurisdiction.
Ownership of an | 21 |
| interest in the surface of lands, tenements, or
hereditaments | 22 |
| by a co-owner of an interest in minerals underlying
the surface | 23 |
| does not prevent partition of the mineral estate.
This | 24 |
| amendatory Act of the 92nd General Assembly is a declaration
of | 25 |
| existing law and is intended to remove any possible conflicts | 26 |
| or
ambiguities, thereby confirming existing law pertinent to | 27 |
| the
partition of interests in minerals and applies to all | 28 |
| actions for the
partition of minerals now pending or filed on | 29 |
| or after the effective
date of this amendatory Act of the 92nd | 30 |
| General Assembly.
Nothing in this amendatory Act of the 92nd | 31 |
| General Assembly shall be
construed as allowing an owner of a | 32 |
| mineral interest in coal to mine and
remove the coal by the |
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| surface method of mining without first obtaining the
consent of | 2 |
| all of the owners of the surface to the mining and removal of | 3 |
| coal
by the
surface method of mining. Ownership of an interest | 4 |
| in minerals by a co-owner of an interest in the surface does | 5 |
| not prevent partition of the surface. The ownership of an | 6 |
| interest in some, but not all, of the mineral estate by a | 7 |
| co-owner of an interest in other minerals does not prevent the | 8 |
| partition of the co-owned mineral estate.
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| (Source: P.A. 92-379, eff. 8-16-01.)
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| (735 ILCS 5/17-105) (from Ch. 110, par. 17-105)
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| Sec. 17-105. Judgment. The court shall ascertain and | 12 |
| declare the rights, titles and
interest of all the parties in | 13 |
| such action, the plaintiffs as well as the
defendants, and | 14 |
| shall enter judgment according to the rights of the
parties. | 15 |
| After entry of judgment adjudicating the rights, titles, and | 16 |
| interests of the parties, the court upon further hearing shall | 17 |
| determine whether or not the premises or any part thereof can | 18 |
| be divided among the parties without manifest prejudice to the | 19 |
| parties in interest. If the court finds that a division can be | 20 |
| made, then the court shall enter further judgment fairly and | 21 |
| impartially dividing the premises among the parties with or | 22 |
| without owelty. If the court finds that the whole or any part | 23 |
| of the premises sought to be partitioned cannot be divided | 24 |
| without manifest prejudice to the owners thereof, then the | 25 |
| court shall order the premises not susceptible of division to | 26 |
| be sold at public sale in such manner and upon such terms and | 27 |
| notice of sale as the court directs. If the court orders the | 28 |
| sale of the premises or any part thereof, the court shall fix | 29 |
| the value of the premises to be sold. No sale may be approved | 30 |
| for less than two-thirds of the total amount of the valuation | 31 |
| of the premises to be sold. If it appears to the court that any | 32 |
| of the premises will not sell for two-thirds of the amount of | 33 |
| the valuation thereof, the court upon further hearing may | 34 |
| either revalue the premise and approve the sale or order a new | 35 |
| sale.
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| (Source: P.A. 82-280.)
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| (735 ILCS 5/17-106) (from Ch. 110, par. 17-106)
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| Sec. 17-106. Appointment of commissioner and surveyor.
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| Appointment of Commissioners.
The court in its discretion, sua | 5 |
| sponte, or on the motion of any interested party, may appoint a | 6 |
| disinterested commissioner who, subject to direction by the | 7 |
| court, shall report to the court in writing under oath as to | 8 |
| whether or not the premises are subject to division without | 9 |
| manifest prejudice to the rights of the parties and, if so, | 10 |
| report how the division may be made. The court may authorize | 11 |
| the employment of a surveyor to carry out or assist in the | 12 |
| division of the premises. The fees and expenses of the | 13 |
| commissioner and of the surveyor and the person making the sale | 14 |
| shall be taxed as costs in the proceedings.
When the court | 15 |
| orders a partition
of any premises to be made,
it shall appoint | 16 |
| 3 commissioners, not connected with any of the
parties, either | 17 |
| by consanguinity or affinity, and entirely
disinterested, to | 18 |
| make partition of the premises, and such commissioners
shall be | 19 |
| allowed a reasonable sum for their services and expenses, to be
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| fixed by the court, and taxed in the bill of costs.
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| The Court may in its discretion appoint one commissioner | 22 |
| who shall
have all the rights and powers and be under the same | 23 |
| obligations as set
forth in Article XVII of this Act whenever 3 | 24 |
| commissioners are appointed.
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| (Source: P.A. 82-280.)
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| (735 ILCS 5/17-112) (from Ch. 110, par. 17-112)
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| Sec. 17-112. Homestead. If any party to the action is | 28 |
| entitled to an estate of homestead in the
premises, or any part | 29 |
| thereof, and the homestead has not been set off,
the homestead | 30 |
| may be set off by the court
commissioners ; and if the court
so | 31 |
| directs, the premises so allotted or set off may be partitioned
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| among the claimants, subject thereto.
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| (Source: P.A. 82-280.)
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| (735 ILCS 5/17-107 rep.)
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| (735 ILCS 5/17-108 rep.)
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| (735 ILCS 5/17-109 rep.) (from Ch. 110, par. 17-109)
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| (735 ILCS 5/17-110 rep.) (from Ch. 110, par. 17-110)
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| (735 ILCS 5/17-111 rep.) (from Ch. 110, par. 17-111)
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| (735 ILCS 5/17-116 rep.) (from Ch. 110, par. 17-116)
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| (735 ILCS 5/17-117 rep.) (from Ch. 110, par. 17-117)
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| Section 10. The Code of Civil Procedure is amended by | 9 |
| repealing Sections 17-107, 17-108, 17-109, 17-110, 17-111, | 10 |
| 17-116, and 17-117.
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| (765 ILCS 535/Act rep.)
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| Section 15. The Oil and Gas Lease Release Act is repealed.
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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