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92nd General Assembly

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Public Act 92-0379

HB0512 Enrolled                                LRB9201435RCgc

    AN ACT concerning mineral rights.

    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 17-101 as follows:

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

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

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

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

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 23, 2001.
    Approved August 16, 2001.

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