Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
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.

(765 ILCS 95/) Mine Subsidence Disclosure Act.

765 ILCS 95/1

    (765 ILCS 95/1) (from Ch. 30, par. 1001)
    Sec. 1. Short title. This Act may be cited as the Mine Subsidence Disclosure Act.
(Source: P.A. 86-236.)

765 ILCS 95/2

    (765 ILCS 95/2) (from Ch. 30, par. 1002)
    Sec. 2. Definitions. In this Act:
    (a) "Lender" means an individual or any other entity that advances funds secured by an interest in real property or secured by a collateral assignment of a beneficial interest in an Illinois land trust holding title to real property.
    (b) "Man-made underground mine" includes without limitation coal mines, clay mines, limestone mines, and fluorspar mines.
    (c) "Mine subsidence" means lateral or vertical ground movement that directly damages a structure and that results from the collapse of a man-made underground mine. Lateral or vertical ground movement caused by earthquake, landslide, volcanic eruption, soil conditions, soil erosion, soil freezing and thawing, improperly compacted soil, construction defects, roots of trees and shrubs, or collapse of storm or sewer drains or rapid transit tunnels is not mine subsidence.
    (d) "Transfer" means:
        (1) a conveyance of an interest in real property by
deed or other instrument;
        (2) a lease of real property if the term, when
considering all options that may be exercised, exceeds 40 years;
        (3) an assignment, including transfer of the power of
direction, of more than 25% of the beneficial interest in an Illinois land trust;
        (4) a mortgage of real property; or
        (5) a collateral assignment of a beneficial interest
in an Illinois land trust.
    "Transfer" does not, however, include the following: deeds or trust documents that, without additional consideration, confirm, correct, modify, or supplement a deed or trust document previously recorded; tax deeds; deeds or trust documents of release of property that is security for a debt or other obligation; deeds of partition; conveyances occurring as a result of a foreclosure of a mortgage or other lien on real property; easements; or conveyances of interests in minerals, oil, or gas.
    (e) "Transferee" means a buyer, mortgagee, grantee, or lessee of real property, an assignee of a collateral assignment of a beneficial interest in an Illinois land trust, or an assignee of a more than 25% beneficial interest in an Illinois land trust.
    (f) "Transferor" means a seller, grantor, mortgagor, or lessor of real property, an assignor of a collateral assignment of the beneficial interest in an Illinois land trust, an assignor of a more than 25% beneficial interest in an Illinois land trust, or, in the case of a transfer by the trustee of an Illinois land trust, the owner of the beneficial interest in the land trust.
    (g) "Undermined" means that a man-made underground mine exists below all or part of the surface of real property.
(Source: P.A. 91-357, eff. 7-29-99.)

765 ILCS 95/3

    (765 ILCS 95/3) (from Ch. 30, par. 1003)
    Sec. 3. Disclosure.
        (a) At the time an agreement to transfer real
property is made, the transferor shall disclose in writing to the transferee and lender all insurance claims paid to the transferor for mine subsidence on the real property.
        (b) If the agreement to transfer real property is in
writing, the disclosure shall be part of the agreement.
        (c) A waiver of the time requirements for disclosure
or a waiver of disclosure must be in writing and signed by the transferee and lender.
(Source: P.A. 86-236.)

765 ILCS 95/4

    (765 ILCS 95/4) (from Ch. 30, par. 1004)
    Sec. 4. Damages. If a transferor fails to make the disclosures required by this Act or if a transferor knowingly makes a false disclosure, the transferee and the lender may each recover from the transferor in a civil action any actual damages incurred within 5 years after the date of the transfer.
(Source: P.A. 86-236.)