State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]

[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]

92_HB0512enr

 
HB0512 Enrolled                                LRB9201435RCgc

 1        AN ACT concerning mineral rights.

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

 4        Section 5. The Code of  Civil  Procedure  is  amended  by
 5    changing Section 17-101 as follows:

 6        (735 ILCS 5/17-101) (from Ch. 110, par. 17-101)
 7        Sec.   17-101.   Compelling   partition.    When   lands,
 8    tenements,  or  hereditaments  are  held  in joint tenancy or
 9    tenancy in common, whether such right or title is derived  by
10    purchase,  legacy  or  descent,  or whether any or all of the
11    claimants are minors or  adults,  any  one  or  more  of  the
12    persons  interested therein may compel a partition thereof by
13    a verified complaint in the circuit court of the county where
14    the premises or part of the premises are situated. If  lands,
15    tenements  or  hereditaments held in joint tenancy or tenancy
16    in common are situated in 2 or more counties, the  venue  may
17    be  in any one of such counties, and the circuit court of any
18    such county first acquiring jurisdiction  shall  retain  sole
19    and  exclusive  jurisdiction. Ownership of an interest in the
20    surface of lands, tenements, or hereditaments by  a  co-owner
21    of  an  interest  in minerals underlying the surface does not
22    prevent partition of the mineral estate. This amendatory  Act
23    of the 92nd General Assembly is a declaration of existing law
24    and   is   intended  to  remove  any  possible  conflicts  or
25    ambiguities, thereby confirming existing law pertinent to the
26    partition of interests in minerals and applies to all actions
27    for the partition of minerals now  pending  or  filed  on  or
28    after  the  effective date of this amendatory Act of the 92nd
29    General Assembly. Nothing in this amendatory Act of the  92nd
30    General Assembly shall be construed as allowing an owner of a
31    mineral  interest  in coal to mine and remove the coal by the
 
HB0512 Enrolled             -2-                LRB9201435RCgc
 1    surface method of mining without first obtaining the  consent
 2    of all of the owners of the surface to the mining and removal
 3    of coal by the surface method of mining.
 4    (Source: P.A. 82-280.)

 5        Section  10.   The Mineral Lease Release of Record Act is
 6    amended by changing Sections 1 and 2 as follows:

 7        (765 ILCS 510/1) (from Ch. 96 1/2, par. 4401)
 8        Sec. 1. When any lease on land  heretofore  or  hereafter
 9    taken  for  the  purpose  of  prospecting  for  or  mining or
10    producing coal, oil, gas, or other minerals mineral,  or  for
11    the  purpose  of  mining  the coal or other mineral from said
12    land, so leased, shall  terminate  become  forfeited  by  the
13    terms  of the said lease or the acts or omissions of the said
14    lessee, his, her, or their heirs, representatives, successors
15    or assigns, it shall be the duty of said lessee, his, her  or
16    their  heirs,  representatives, successors or assigns, within
17    60 days from the date of  termination  of  the  lease  within
18    sixty  days from the time this act shall take effect, if such
19    forfeiture take effect prior thereto, and within  sixty  days
20    from  the  date of forfeiture of any and all other leases, to
21    have such lease or leases, released of record in  the  county
22    where  such land is situate, without any cost to the owner or
23    owners of the land; and any failure so to do after notice and
24    demand, shall constitute a petty offense.
25    (Source: P.A. 77-2719.)

26        (765 ILCS 510/2) (from Ch. 96 1/2, par. 4402)
27        Sec. 2.  Whenever the lessee of any coal,  oil,  gas,  or
28    other mineral lease shall terminate and the lessee, his, her,
29    or  their  heirs,  representatives,  successors,  or  assigns
30    lands,  or  the person, firm, company or corporation, owning,
31    holding or having control of any such lease shall  allow  the
 
HB0512 Enrolled             -3-                LRB9201435RCgc
 1    same  to become forfeited, or by his, her or their acts shall
 2    forfeit the same, and shall refuse, fail or neglect to  cause
 3    the  same  to  be released of record in the county where such
 4    lands are located situate, the lessor or owner of  the  lands
 5    may begin and maintain a civil action for a judgment that the
 6    lease  has  terminated.   The  recording  of  a  judgment  of
 7    termination  in  the  office  of  the  recorder of the county
 8    wherein are located the  lands  covered  by  such  terminated
 9    lease shall constitute a release of the lease.  Upon judgment
10    being  rendered  that  a  lease  has  terminated and that the
11    lessee, his, her or their heirs, representatives, successors,
12    or assigns has not released the same of record within 60 days
13    after notice and  demand,  the  court  shall  enter  judgment
14    against  all  such  persons  who shall have failed to release
15    such  lease  of  record  for  all  court  costs,   litigation
16    expenses,  and  attorney's  fees  reasonably  incurred by the
17    lessor or owner of the lands or  minerals  in  obtaining  the
18    judgment  of  termination. to compel the party to release the
19    same of record and upon judgment being rendered ordering  the
20    lease forfeited and directing the release, the lessee, or the
21    person,  firm,  company  or  corporation  owning,  holding or
22    controlling the lease, shall be  ordered  to  pay  all  costs
23    accruing by the action, including a reasonable attorney's fee
24    to be taxed as cost.
25    (Source: P.A. 84-1308.)

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

[ Top ]