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Full Text of HB3372  97th General Assembly

HB3372sam001 97TH GENERAL ASSEMBLY

Sen. Kirk W. Dillard

Filed: 5/21/2012

 

 


 

 


 
09700HB3372sam001LRB097 10901 AJO 69352 a

1
AMENDMENT TO HOUSE BILL 3372

2    AMENDMENT NO. ______. Amend House Bill 3372 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Civil Procedure is amended by
5changing Section 13-120 as follows:
 
6    (735 ILCS 5/13-120)  (from Ch. 110, par. 13-120)
7    Sec. 13-120. Limitation on sections. Sections 13-118
8through 13-121 of this Act shall not be applied:
9    1. to bar any lessor or his or her successor as reversioner
10of his or her right to possession on the expiration of any
11lease or any lessee or his or her successor of his or her
12rights in and to any lease; or
13    2. to bar or extinguish any interest created or held for
14any public utility purpose; or
15    3. to bar or extinguish any easement or interest in the
16nature of an easement, or any rights granted, reserved or

 

 

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1excepted by any instrument creating such easement or interest,
2the existence of which such easement or interest either is
3apparent from or can be proved by physical evidences of its
4use, whether or not such physical evidences of its use are
5visible from the surface; or
6    4. to bar or extinguish any separate mineral estate or any
7rights, immunities and interests appurtenant or relating
8thereto; or
9    5. to bar any interest of a mortgagee or interest in the
10nature of that of a mortgagee where the due date of the
11mortgage is stated on the face, or ascertainable from the
12written terms thereof and is not barred by Section 13-116 of
13this Act.
14    6. to validate any encroachment on any street, highway or
15public waters.
16    Nothing contained in Sections 13-118 through 13-121 of this
17Act shall be construed to extend the period for the beginning
18of any action or the doing of any other required act under any
19statutes of limitation nor, except as provided in this Section
2013-120, to affect the operation of any statutes or case law
21governing the recording or the failure to record any
22instruments affecting land.
23    Sections 13-118 through 13-121 of this Act shall not be
24deemed to affect any easement obtained by a governmental entity
25by way of an eminent domain proceeding for the construction of
26an underground water main, storm sewer, or sanitary sewer

 

 

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1regardless of whether the easement interest is recorded in the
2recorder's office located in the county in which the property
3subject to the easement is located, provided that the
4governmental entity shows that the easement was obtained by way
5of a final judgment in a condemnation action for the easement
6and shows the subsequent payment of just compensation by the
7governmental entity to the party adjudged by the trial court to
8be entitled to the just compensation.
9    No statement recorded or action filed pursuant to the
10provisions of Sections 13-118 through 13-121 of this Act shall
11affect real estate registered under "An Act concerning land
12titles" approved May 1, 1897, as amended; and real estate
13heretofore or hereafter registered under "An Act concerning
14land titles" shall be subject to the terms thereof and all
15subsequent amendments thereto.
16    Sections 13-118 through 13-121 of this Act shall not be
17deemed to affect any right, title or interest of the United
18States unless the Congress shall assent to its operation in
19that behalf.
20(Source: P.A. 82-280.)
 
21    Section 10. The Conveyances Act is amended by changing
22Section 30 as follows:
 
23    (765 ILCS 5/30)  (from Ch. 30, par. 29)
24    Sec. 30. All deeds, mortgages and other instruments of

 

 

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1writing which are authorized to be recorded, shall take effect
2and be in force from and after the time of filing the same for
3record, and not before, as to all creditors and subsequent
4purchasers, without notice; and all such deeds and title papers
5shall be adjudged void as to all such creditors and subsequent
6purchasers, without notice, until the same shall be filed for
7record. However, any easement obtained by a governmental entity
8by way of an eminent domain proceeding for the construction of
9a public improvement of an underground water main, storm sewer,
10or sanitary sewer shall be deemed valid regardless of whether
11the easement interest is recorded in the recorder's office
12located in the county in which the property subject to the
13easement is located, provided that the governmental entity
14shows that the easement was obtained by way of a final judgment
15in a condemnation action for the easement and shows the
16subsequent deposit of just compensation to the county treasurer
17as provided in Section 10-5-85 of the Eminent Domain Act or
18otherwise shows payment of just compensation as provided by any
19other statute utilized by the governmental entity providing for
20the exercise of eminent domain.
21(Source: Laws 1871-2, p. 282.)".