Illinois Compiled Statutes
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765 ILCS 530/6
(765 ILCS 530/6)
(from Ch. 96 1/2, par. 9656)
Compensation of surface owners for drilling and producing
operations and duties after cessation of production.
(A) The surface owner shall be entitled to reasonable compensation from
the operator for damages as follows:
(1) To growing crops, trees, shrubs, fences, roads,
structures, improvements, personal property, and livestock thereon caused by the drilling of a new well. The surface owner shall also be entitled to reasonable compensation from the operator for subsequent damages.
(2) To growing crops, trees, shrubs, fences, roads,
structures, improvements, personal property, and livestock thereon.
(3) For the loss of the value of a commercial crop
corresponding to lands taken out of production because of the use thereof by the operator for roads and production equipment. Any recovery shall only be applicable if the area adjacent to said roads and production equipment are planted and harvested. The value of the crop shall be calculated by: (i) determining the average per acre yield for the crop on adjacent lands; (ii) determining the price received for the sale of the crop on adjacent lands less the cost of seed planting, chemicals, fertilizers and harvesting; (iii) determining the acreage of the area utilized for roads and production equipment; and (iv) attributing the determined crop yield to the determined acreage utilized and applying the determined price. The initial determination of the value of the crop shall be determined by the surface owner and submitted to the operator. The surface owner and operator shall mutually agree as to the value of the crop utilizing the above referenced formula for the initial crop year and all subsequent crop years.
(4) For all negligent acts of operator that cause
measurable damage to the productive capacity of the soil.
(A-5) The operator shall not utilize any more of the
surface estate than is reasonably necessary for the exploration, production
and development of the mineral estate.
(B) The compensation required pursuant to paragraph (A) above shall be
paid in any manner mutually agreed upon by the operator and the surface
owner, but the failure to agree upon, or make the compensation required,
shall not prevent the operator from commencement of drilling operations;
provided, however, that operator shall tender to the surface owner payment by
check or draft in accordance with the provisions herein no later than 90 days
after completion of the well. The surface owner's remedy shall be an
action for compensation in the circuit court in which the lands or the
greater part thereof are located on which drilling operations were
conducted; provided, however, that if operator fails to tender payment
within the 90-day period or if the tender is not reasonable, surface owner
shall be entitled to reasonable compensation as provided herein as well as
If operator relies on a third party appraiser or fair market value, such
amount shall be conclusively deemed to be reasonable, and there shall be no
award of attorney's fees.
In conjunction with the plugging and abandonment of any well, the
operator shall restore the surface to a condition as near as practicable to
the condition of the surface prior to commencement of drilling operations;
provided, however, that the surface owner and operator may waive this
requirement in writing, subject to the approval of the Department of Natural
Resources that the waiver is in accordance with its
Where practicable and absent a written agreement to the contrary
with the surface owner, all flow lines and other underground structures
must be buried to a depth not less than 36 inches from the surface.
(Source: P.A. 95-493, eff. 1-1-08.)