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91_HB4271
LRB9108034RCks
1 AN ACT in relation to land excavation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Insurance Code is amended by
5 adding Section 143.10d as follows:
6 (215 ILCS 5/143.10d new)
7 Sec. 143.10d. Property insurance; excavation.
8 (a) In this Section:
9 "Basic property insurance" means the coverage against
10 direct loss to real or tangible personal property at a fixed
11 location provided in the Standard Fire Policy and Extended
12 Coverage Endorsement and such vandalism and malicious
13 mischief or such other classes of insurance as may be added
14 with respect to the property by the Industry Placement
15 Facility with the approval of the Director, except insurance
16 on automobile, farm, and manufacturing risks. "Basic
17 property insurance" includes homeowners insurance.
18 "Homeowners insurance" means the personal multi-peril
19 property coverages commonly known as homeowners insurance.
20 (b) A policy of basic property insurance may not exclude
21 coverage for damage to property caused by excavation. An
22 insurance company that is authorized to do business in this
23 State and that issues policies for basic property insurance
24 may not refuse to issue or renew a policy for basic property
25 insurance to the owner of property if any of the grounds for
26 failure to issue or renew the policy is that the owner of the
27 property has excavated land on his or her property or that
28 excavation has taken place on property adjacent to the
29 owner's property.
30 Section 10. The Adjacent Landowner Excavation Protection
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1 Act is amended by changing Section 1 as follows:
2 (765 ILCS 140/1) (from Ch. 111 1/2, par. 3301)
3 Sec. 1.
4 Each adjacent owner is entitled to the continuous lateral
5 and subjacent support which his land receives from the
6 adjoining land, subject to the right of the owner of the
7 adjoining land to make proper and usual excavations on the
8 same for purposes of construction or improvements, under the
9 following conditions:
10 1. Any owner or possessor of land intending to make or
11 to permit an excavation to be made on his land shall give due
12 and reasonable notice in writing to the owner or owners of
13 adjoining lands and of adjoining buildings and other
14 structures stating the depth to which the excavation is
15 intended to be made and when the excavation will begin. If
16 the excavation is to be of a depth of not more than the
17 standard depth of foundations, as herein defined, and if it
18 appears that the excavation is to be of a greater depth than
19 the walls or foundations of any adjoining building or other
20 structure and is to be so close as to endanger the building
21 or other structure in any way, then the owner or possessor of
22 land who intends to make or permit that excavation may not
23 begin excavation until the owner or possessor takes of the
24 building or other structure on the adjoining land shall be
25 allowed a reasonable time, but in no event less than thirty
26 (30) days, in which to take measures to protect the building
27 or other structure on the adjoining land same from any damage
28 or in which to extend the foundations of the building or
29 other structure thereof, and he must be given, for the said
30 purpose, a license to enter on the land on which the
31 excavation is to be or is being made.
32 2. Any owner or possessor of land upon which an
33 excavation is made, who does not comply with the provisions
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1 of subparagraph 1, when so required, is liable to the owner
2 of adjacent property for any damage to the land or to any
3 buildings or other structure thereon arising from such
4 excavation, and is also liable to occupants and tenants of
5 the adjoining land or structures for any damage to their
6 property or business, proximately resulting from injury to
7 such land or structures, caused by the failure of such owner
8 or possessor to so comply.
9 3. In making any excavation, reasonable care and
10 precautions shall be taken to sustain the adjoining land as
11 such, without regard to any building or other structure which
12 may be thereon, and there is no liability for damage done to
13 any building or other structure by reason of the excavation
14 except as herein provided or otherwise provided or allowed by
15 law.
16 4. Standard depth of foundations, as used herein, is a
17 depth of eight (8) feet below the established grade of a
18 street, highway or other public way upon which such land
19 abuts, or if there is no established grade, below the surface
20 of the adjoining land.
21 5. If the excavation is intended to be or is deeper than
22 the standard depth of foundations as herein defined, then the
23 owner of the land on which the excavation is being made, if
24 given the necessary license to enter on adjoining land, and
25 not otherwise, shall protect the said adjoining land and any
26 building or other structure thereon, without cost to the
27 owner thereof, by furnishing lateral and subjacent support to
28 said adjoining land and all buildings and structures thereon,
29 in such a manner as to protect the same from any damage by
30 reason of the excavation and shall be liable to the owner of
31 such property for any damage to the land or to any buildings
32 or other structures thereon.
33 6. The owner or possessor of the land upon which the
34 excavation is being made shall also be liable to occupants
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1 and tenants of such adjoining lands or structures thereon for
2 any damage to their property or business, proximately
3 resulting from injury to such land or structures, caused by
4 the failure of such owners or possessor, making such
5 excavation, to fulfill the duty set forth in subparagraph 5.
6 (Source: Laws 1957, p. 1102.)