State of Illinois
92nd General Assembly
Legislation

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92_HB0512eng

 
HB0512 Engrossed                               LRB9201435RCgc

 1        AN ACT concerning mineral rights.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Code of  Civil  Procedure  is  amended  by
 5    changing 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,
 8    tenements,  or  hereditaments  are  held  in joint tenancy or
 9    tenancy in common, whether such right or title is derived  by
10    purchase,  legacy  or  descent,  or whether any or all of the
11    claimants are minors or  adults,  any  one  or  more  of  the
12    persons  interested therein may compel a partition thereof by
13    a verified complaint in the circuit court of the county where
14    the premises or part of the premises are situated. If  lands,
15    tenements  or  hereditaments held in joint tenancy or tenancy
16    in common are situated in 2 or more counties, the  venue  may
17    be  in any one of such counties, and the circuit court of any
18    such county first acquiring jurisdiction  shall  retain  sole
19    and  exclusive  jurisdiction. Ownership of an interest in the
20    surface of lands, tenements, or hereditaments by  a  co-owner
21    of  an  interest  in minerals underlying the surface does not
22    prevent partition of the mineral estate. This amendatory  Act
23    of the 92nd General Assembly is a declaration of existing law
24    and   is   intended  to  remove  any  possible  conflicts  or
25    ambiguities, thereby confirming existing law pertinent to the
26    partition of interests in minerals and applies to all actions
27    for the partition of minerals now  pending  or  filed  on  or
28    after  the  effective date of this amendatory Act of the 92nd
29    General Assembly.
30    (Source: P.A. 82-280.)
 
HB0512 Engrossed            -2-                LRB9201435RCgc
 1        Section 10.  The Mineral Lease Release of Record  Act  is
 2    amended by changing Sections 1 and 2 as follows:

 3        (765 ILCS 510/1) (from Ch. 96 1/2, par. 4401)
 4        Sec.  1.  When  any lease on land heretofore or hereafter
 5    taken for  the  purpose  of  prospecting  for  or  mining  or
 6    producing  coal,  oil, gas, or other minerals mineral, or for
 7    the purpose of mining the coal or  other  mineral  from  said
 8    land,  so  leased,  shall  terminate  become forfeited by the
 9    terms of the said lease or the acts or omissions of the  said
10    lessee, his, her, or their heirs, representatives, successors
11    or  assigns, it shall be the duty of said lessee, his, her or
12    their heirs, representatives, successors or  assigns,  within
13    60  days  from  the  date  of termination of the lease within
14    sixty days from the time this act shall take effect, if  such
15    forfeiture  take  effect prior thereto, and within sixty days
16    from the date of forfeiture of any and all other  leases,  to
17    have  such  lease or leases, released of record in the county
18    where such land is situate, without any cost to the owner  or
19    owners of the land; and any failure so to do after notice and
20    demand, shall constitute a petty offense.
21    (Source: P.A. 77-2719.)

22        (765 ILCS 510/2) (from Ch. 96 1/2, par. 4402)
23        Sec.  2.   Whenever  the lessee of any coal, oil, gas, or
24    other mineral lease shall terminate and the lessee, his, her,
25    or  their  heirs,  representatives,  successors,  or  assigns
26    lands, or the person, firm, company or  corporation,  owning,
27    holding  or  having control of any such lease shall allow the
28    same to become forfeited, or by his, her or their acts  shall
29    forfeit  the same, and shall refuse, fail or neglect to cause
30    the same to be released of record in the  county  where  such
31    lands  are  located situate, the lessor or owner of the lands
32    may begin and maintain a civil action for a judgment that the
 
HB0512 Engrossed            -3-                LRB9201435RCgc
 1    lease  has  terminated.   The  recording  of  a  judgment  of
 2    termination in the office  of  the  recorder  of  the  county
 3    wherein  are  located  the  lands  covered by such terminated
 4    lease shall constitute a release of the lease.  Upon judgment
 5    being rendered that a  lease  has  terminated  and  that  the
 6    lessee, his, her or their heirs, representatives, successors,
 7    or assigns has not released the same of record within 60 days
 8    after  notice  and  demand,  the  court  shall enter judgment
 9    against all such persons who shall  have  failed  to  release
10    such   lease  of  record  for  all  court  costs,  litigation
11    expenses, and attorney's  fees  reasonably  incurred  by  the
12    lessor  or  owner  of  the lands or minerals in obtaining the
13    judgment of termination. to compel the party to  release  the
14    same  of record and upon judgment being rendered ordering the
15    lease forfeited and directing the release, the lessee, or the
16    person, firm,  company  or  corporation  owning,  holding  or
17    controlling  the  lease,  shall  be  ordered to pay all costs
18    accruing by the action, including a reasonable attorney's fee
19    to be taxed as cost.
20    (Source: P.A. 84-1308.)

21        Section 99.  Effective date.  This Act takes effect  upon
22    becoming law.

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