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(765 ILCS 530/4)
(from Ch. 96 1/2, par. 9654)
(a) Prior to commencement of the drilling of a well, the operator shall
give a copy of the Act with a written notice to the surface owner of the operator's intent to commence
(b) The operator shall, for the purpose of giving notice as herein
required, secure from the assessor's office within 90 days prior to the
giving of the notice, a certification which shall identify the person in
whose name the lands on which drilling operations are to be commenced and who
is assessed at the time the certification is made. The written certification
made by the assessor of the surface owner shall be conclusive evidence of
the surface ownership and of the operator's compliance with the provisions of
(c) The notice required to be given by the operator to the surface owner
shall identify the following:
(1) The location of the proposed entry on the surface
for drilling operations, and the date on or after which drilling operations shall be commenced.
(2) A photocopy of the drilling application to the
Department of Natural Resources for the well to be drilled.
(3) The name, address and telephone number of the
(4) An offer to discuss with the surface owner those
matters set forth in Section 5 hereof prior to commencement of drilling operations.
If the surface owner elects to meet the operator, the surface owner
shall request the operator to schedule a meeting at a mutually agreed time
and place within the limitations set forth herein. Failure of the surface
owner to contact the operator at least 5 days prior to the proposed
commencement of drilling operations shall be conclusively deemed a waiver
of the right to meet by the surface owner.
The meeting shall be scheduled between the hours of 9:00 in the
and the setting of the sun of the same day and shall be at least 3 days prior
to commencement of drilling operations. Unless agreed to otherwise, the
place shall be located within the county in which drilling operations are
to be commenced where the operator or his agent shall be available to
discuss with the surface owner or his agent those matters set forth in Section
The notice and a copy of the Act as herein required shall be given to the surface owner by
(A) certified mail addressed to the surface owner at
the address shown in the certification obtained from the assessor, which shall be postmarked at least 15 days prior to the commencement of drilling operations; or
(B) personal delivery to the surface owner at least
15 days prior to the commencement of drilling operations.
Notice to the surface owner as defined in this Act shall be deemed
conclusive notice to the record owners of all interest in the surface.
(Source: P.A. 95-331, eff. 8-21-07; 95-493, eff. 1-1-08; 95-830, eff. 8-14-08; 96-328, eff. 8-11-09.)