95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2707

 

Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/17-101   from Ch. 110, par. 17-101

    Amends the Code of Civil Procedure. Makes a technical change in a Section concerning partition.


LRB095 00837 AJO 20839 b

 

 

A BILL FOR

 

HB2707 LRB095 00837 AJO 20839 b

1     AN ACT concerning civil law.
 
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, tenements,
8 or hereditaments are held in joint tenancy or tenancy in common
9 or other form of co-ownership and and regardless of whether any
10 or all of the claimants are minors or adults, any one or more
11 of the persons interested therein may compel a partition
12 thereof by a verified complaint in the circuit court of the
13 county where the premises or part of the premises are situated.
14 If lands, tenements or hereditaments held in joint tenancy or
15 tenancy in common are situated in 2 or more counties, the venue
16 may be in any one of such counties, and the circuit court of
17 any such county first acquiring jurisdiction shall retain sole
18 and exclusive jurisdiction. Ownership of an interest in the
19 surface of lands, tenements, or hereditaments by a co-owner of
20 an interest in minerals underlying the surface does not prevent
21 partition of the mineral estate. This amendatory Act of the
22 92nd General Assembly is a declaration of existing law and is
23 intended to remove any possible conflicts or ambiguities,

 

 

HB2707 - 2 - LRB095 00837 AJO 20839 b

1 thereby confirming existing law pertinent to the partition of
2 interests in minerals and applies to all actions for the
3 partition of minerals now pending or filed on or after the
4 effective date of this amendatory Act of the 92nd General
5 Assembly. Nothing in this amendatory Act of the 92nd General
6 Assembly shall be construed as allowing an owner of a mineral
7 interest in coal to mine and remove the coal by the surface
8 method of mining without first obtaining the consent of all of
9 the owners of the surface to the mining and removal of coal by
10 the surface method of mining. Ownership of an interest in
11 minerals by a co-owner of an interest in the surface does not
12 prevent partition of the surface. The ownership of an interest
13 in some, but not all, of the mineral estate by a co-owner of an
14 interest in other minerals does not prevent the partition of
15 the co-owned mineral estate.
16 (Source: P.A. 92-379, eff. 8-16-01; 93-925, eff. 8-12-04.)