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90_HB3141
765 ILCS 140/1 from Ch. 111 1/2, par. 3301
Amends the Adjacent Landowner Excavation Protection Act.
Provides that the standard depth of foundations for purposes
of the Act is 4 (rather than 8) feet below either the
established grade of a street upon which the land abuts or,
if there is no established grade, the surface of the
adjoining land. Effective immediately.
LRB9010195WHdv
LRB9010195WHdv
1 AN ACT to amend the Adjacent Landowner Excavation
2 Protection Act by changing Section 1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Adjacent Landowner Excavation Protection
6 Act is amended by changing Section 1 as follows:
7 (765 ILCS 140/1) (from Ch. 111 1/2, par. 3301)
8 Sec. 1. Each adjacent owner is entitled to the continuous
9 lateral and subjacent support which his land receives from
10 the adjoining land, subject to the right of the owner of the
11 adjoining land to make proper and usual excavations on the
12 same for purposes of construction or improvements, under the
13 following conditions:
14 1. Any owner or possessor of land intending to make or
15 to permit an excavation to be made on his land shall give due
16 and reasonable notice in writing to the owner or owners of
17 adjoining lands and of adjoining buildings and other
18 structures stating the depth to which the excavation is
19 intended to be made and when the excavation will begin. If
20 the excavation is to be of a depth of not more than the
21 standard depth of foundations, as herein defined, and if it
22 appears that the excavation is to be of a greater depth than
23 the walls or foundations of any adjoining building or other
24 structure and is to be so close as to endanger the building
25 or other structure in any way, then the owner of the building
26 or other structure on the adjoining land shall be allowed a
27 reasonable time, but in no event less than thirty (30) days,
28 in which to take measures to protect the same from any damage
29 or in which to extend the foundations thereof, and he must be
30 given, for the said purpose, a license to enter on the land
31 on which the excavation is to be or is being made.
-2- LRB9010195WHdv
1 2. Any owner or possessor of land upon which an
2 excavation is made, who does not comply with the provisions
3 of subparagraph 1, when so required, is liable to the owner
4 of adjacent property for any damage to the land or to any
5 buildings or other structure thereon arising from such
6 excavation, and is also liable to occupants and tenants of
7 the adjoining land or structures for any damage to their
8 property or business, proximately resulting from injury to
9 such land or structures, caused by the failure of such owner
10 or possessor to so comply.
11 3. In making any excavation, reasonable care and
12 precautions shall be taken to sustain the adjoining land as
13 such, without regard to any building or other structure which
14 may be thereon, and there is no liability for damage done to
15 any building or other structure by reason of the excavation
16 except as herein provided or otherwise provided or allowed by
17 law.
18 4. Standard depth of foundations, as used herein, is a
19 depth of 4 eight (8) feet below the established grade of a
20 street, highway or other public way upon which such land
21 abuts, or if there is no established grade, below the surface
22 of the adjoining land.
23 5. If the excavation is intended to be or is deeper than
24 the standard depth of foundations as herein defined, then the
25 owner of the land on which the excavation is being made, if
26 given the necessary license to enter on adjoining land, and
27 not otherwise, shall protect the said adjoining land and any
28 building or other structure thereon, without cost to the
29 owner thereof, by furnishing lateral and subjacent support to
30 said adjoining land and all buildings and structures thereon,
31 in such a manner as to protect the same from any damage by
32 reason of the excavation and shall be liable to the owner of
33 such property for any damage to the land or to any buildings
34 or other structures thereon.
-3- LRB9010195WHdv
1 6. The owner or possessor of the land upon which the
2 excavation is being made shall also be liable to occupants
3 and tenants of such adjoining lands or structures thereon for
4 any damage to their property or business, proximately
5 resulting from injury to such land or structures, caused by
6 the failure of such owners or possessor, making such
7 excavation, to fulfill the duty set forth in subparagraph 5.
8 (Source: Laws 1957, p. 1102.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.