HB2411 96TH GENERAL ASSEMBLY

LRB096 09096 AJO 19237 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2411

Introduced 2/19/2009, by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

735 ILCS 5/13-106

from Ch. 110, par. 13-106

Amends the Code of Civil Procedure. Adds this additional circumstance as to when, with respect to the right to make an entry or bring an action to recover land, shall be deemed to have first accrued: in the case of a publicly maintained sanitary or storm sewer or water pipe, the right shall be deemed to have been established at the time of the construction of the sanitary or storm sewer or water pipe. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 13-106 as follows:

(735 ILCS 5/13-106) (from Ch. 110, par. 13-106)

Sec. 13-106. Accrual of right of entry or to bring action. The right to make an entry or bring an action to recover land shall be deemed to have first accrued at the times respectively hereinafter provided:

(a) When any person is wrongfully ousted from possession, his or her right of entry or of action shall be deemed to have accrued at the time of such wrongful ouster.

(b) When he or she claims as heir or legatee of an owner in possession who died, his or her right shall be deemed to have accrued at the time of such death, unless there is an estate intervening after the death of such ancestor or testator; in which case his or her right shall be deemed to accrue when such intermediate estate expires, or when it would have expired by its own limitations.

(c) When there is such an intermediate estate, and in all other cases when the party claims by force of any remainder or reversion, his or her right, so far as it is affected by the limitation herein prescribed, shall be deemed to accrue when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture thereof for which he or she might have entered at an earlier time.

(d) Paragraph (c) of this Section shall not prevent a person from entering when entitled to do so by reason of any forfeiture or breach of condition; but if he or she claims under such a title, his or her right shall be deemed to have accrued when the forfeiture was incurred or the condition was broken.

(e) In all cases not otherwise specially provided for, the right shall be deemed to have accrued when the claimant, or the person under whom he or she claims, first became entitled to the possession of the premises under the title upon which the entry or the action is founded.

(f) In the case of a publicly maintained sanitary or storm sewer or water pipe, the right shall be deemed to have been established at the time of the construction of the sanitary or storm sewer or water pipe.

(Source: P.A. 84-549.)

Section 99. Effective date. This Act takes effect upon becoming law.