Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

735 ILCS 5/6-137

(735 ILCS 5/6-137) (from Ch. 110, par. 6-137)

Sec. 6-137.

Issue of fact on petition.

If any issue of fact is presented
on such petition, it shall
be tried as in other civil cases; and if such issue is found for the
plaintiff, or if demand for trial by jury has been made in accordance with
law, a jury may assess damages in the amount of the mesne profits
received by the defendant since he or she entered into possession of the
premises, subject to the restrictions  contained in Article VI of this Act.

(Source: P.A. 84-1043.)

735 ILCS 5/6-138

(735 ILCS 5/6-138) (from Ch. 110, par. 6-138)

Sec. 6-138.

Extent of recovery.

On the trial of such issue, the plaintiff
is required
to establish and the defendant may deny, the time when such
defendant entered into the possession of the premises, the time during
which he or she enjoyed the mesne profits thereof, and the value of such
profits; and the record of the recovery in the action of ejectment shall
not be evidence of such time. On such trial, the defendant shall have
the same right to set off any improvements made on the premises, to the
amount of the plaintiff's claim, as is now or shall hereafter be judicially allowed;
and in estimating the plaintiff's damages, the value of the use
by the defendant of any improvements made by him or her shall not be allowed to
the plaintiff.

(Source: P.A. 83-707.)

735 ILCS 5/6-139

(735 ILCS 5/6-139) (from Ch. 110, par. 6-139)

Sec. 6-139.

Death of plaintiff.

If the plaintiff in ejectment dies after
issue joined or judgment entered therein, the decedent's personal representatives
may offer a suggestion of such death, of the granting of letters of office
to them, and may claim their right
to the mesne profits of the premises recovered, in the same manner, and
with the like effect, as the decedent; and the same proceedings
shall in
all respects be had thereon.

(Source: P.A. 83-707.)

735 ILCS 5/6-140

(735 ILCS 5/6-140) (from Ch. 110, par. 6-140)

Sec. 6-140.

When mesne profits not recoverable.

Every person who is
hereafter evicted from any land for
which he or she can show a plain, clear and connected title deduced from the
record of some public office, without actual notice of an adverse title
in like manner derived from record, shall be exempt and free from all
and every species of action, process or prosecution for or on account of
any rents, profits, or damages, which have been done, accrued
or incurred at any time prior to receipt of actual notice of the adverse
claim by which the eviction may be effected, provided such person
obtained peaceable possession of the land.

(Source: P.A. 82-280.)

735 ILCS 5/6-141

(735 ILCS 5/6-141) (from Ch. 110, par. 6-141)

Sec. 6-141.

Notice of adverse claim.

Notice of any adverse claim or title
to the land within
the meaning of this Article is to be given by bringing an action for
the same, by the one or the other of the parties, and may hereafter be
given by bringing an action, as above provided, or by delivering an attested
copy of the entry, survey or patent, from which he or she derives his or
her title or claim, or leaving any such copy with the party or the
spouse of such party.  Notice given by the delivery of an attested copy,
as above set out, is void, unless an action is filed within one year
thereafter.  In no case shall the proprietor of the better title be
obliged to pay to the occupying claimant, for improvements made after
notice, more than what is equal to the rents and profits above set forth.

(Source: P.A. 82-280.)

735 ILCS 5/6-142

(735 ILCS 5/6-142) (from Ch. 110, par. 6-142)

Sec. 6-142.

Notice to occupying claimant.

Notice to any occupying claimant
shall bind all those
claiming from, by or through such occupying claimant, to the extent of
such claim.

(Source: P.A. 82-280.)

735 ILCS 5/6-149

(735 ILCS 5/6-149) (from Ch. 110, par. 6-149)

Sec. 6-149.

Stay of waste - Security.

Nothing herein contained shall
be construed so as to
prevent any court from entering an order to stay waste, and ordering a
party to give bond and security in such manner as the court may deem
appropriate.

(Source: P.A. 82-280.)

735 ILCS 5/6-150

(735 ILCS 5/6-150) (from Ch. 110, par. 6-150)

Sec. 6-150.

Abolition of common law fictions.

The following common
law fictions are abolished:

(1) The use of fictitious names of plaintiffs or defendants and of the
names of any other than the real claimants and the real defendants, and
the statements of any lease or demise to the plaintiff, and of an ejectment by a
casual or nominal ejector.

(2) The consent rule.

(Source: P.A. 82-280.)

735 ILCS 5/Art. VII

(735 ILCS 5/Art. VII heading)

ARTICLE VII

EMINENT DOMAIN

(Repealed)(Source: Repealed by P.A. 94-1055, eff. 1-1-07.)