97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0965

 

Introduced 01/31/11, by Rep. Michael J. Madigan

 

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.


LRB097 03775 AJO 43812 b

 

 

A BILL FOR

 

HB0965LRB097 03775 AJO 43812 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing 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,
8or hereditaments are held in joint tenancy or tenancy in common
9or other form of co-ownership and and regardless of whether any
10or all of the claimants are minors or adults, any one or more
11of the persons interested therein may compel a partition
12thereof by a verified complaint in the circuit court of the
13county where the premises or part of the premises are situated.
14If lands, tenements or hereditaments held in joint tenancy or
15tenancy in common are situated in 2 or more counties, the venue
16may be in any one of such counties, and the circuit court of
17any such county first acquiring jurisdiction shall retain sole
18and exclusive jurisdiction. Ownership of an interest in the
19surface of lands, tenements, or hereditaments by a co-owner of
20an interest in minerals underlying the surface does not prevent
21partition of the mineral estate. This amendatory Act of the
2292nd General Assembly is a declaration of existing law and is
23intended to remove any possible conflicts or ambiguities,

 

 

HB0965- 2 -LRB097 03775 AJO 43812 b

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