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Public Act 92-0379
HB0512 Enrolled LRB9201435RCgc
AN ACT concerning mineral rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 17-101 as follows:
(735 ILCS 5/17-101) (from Ch. 110, par. 17-101)
Sec. 17-101. Compelling partition. When lands,
tenements, or hereditaments are held in joint tenancy or
tenancy in common, whether such right or title is derived by
purchase, legacy or descent, or whether any or all of the
claimants are minors or adults, any one or more of the
persons interested therein may compel a partition thereof by
a verified complaint in the circuit court of the county where
the premises or part of the premises are situated. If lands,
tenements or hereditaments held in joint tenancy or tenancy
in common are situated in 2 or more counties, the venue may
be in any one of such counties, and the circuit court of any
such county first acquiring jurisdiction shall retain sole
and exclusive jurisdiction. Ownership of an interest in the
surface of lands, tenements, or hereditaments by a co-owner
of an interest in minerals underlying the surface does not
prevent partition of the mineral estate. This amendatory Act
of the 92nd General Assembly is a declaration of existing law
and is intended to remove any possible conflicts or
ambiguities, thereby confirming existing law pertinent to the
partition of interests in minerals and applies to all actions
for the partition of minerals now pending or filed on or
after the effective date of this amendatory Act of the 92nd
General Assembly. Nothing in this amendatory Act of the 92nd
General Assembly shall be construed as allowing an owner of a
mineral interest in coal to mine and remove the coal by the
surface method of mining without first obtaining the consent
of all of the owners of the surface to the mining and removal
of coal by the surface method of mining.
(Source: P.A. 82-280.)
Section 10. The Mineral Lease Release of Record Act is
amended by changing Sections 1 and 2 as follows:
(765 ILCS 510/1) (from Ch. 96 1/2, par. 4401)
Sec. 1. When any lease on land heretofore or hereafter
taken for the purpose of prospecting for or mining or
producing coal, oil, gas, or other minerals mineral, or for
the purpose of mining the coal or other mineral from said
land, so leased, shall terminate become forfeited by the
terms of the said lease or the acts or omissions of the said
lessee, his, her, or their heirs, representatives, successors
or assigns, it shall be the duty of said lessee, his, her or
their heirs, representatives, successors or assigns, within
60 days from the date of termination of the lease within
sixty days from the time this act shall take effect, if such
forfeiture take effect prior thereto, and within sixty days
from the date of forfeiture of any and all other leases, to
have such lease or leases, released of record in the county
where such land is situate, without any cost to the owner or
owners of the land; and any failure so to do after notice and
demand, shall constitute a petty offense.
(Source: P.A. 77-2719.)
(765 ILCS 510/2) (from Ch. 96 1/2, par. 4402)
Sec. 2. Whenever the lessee of any coal, oil, gas, or
other mineral lease shall terminate and the lessee, his, her,
or their heirs, representatives, successors, or assigns
lands, or the person, firm, company or corporation, owning,
holding or having control of any such lease shall allow the
same to become forfeited, or by his, her or their acts shall
forfeit the same, and shall refuse, fail or neglect to cause
the same to be released of record in the county where such
lands are located situate, the lessor or owner of the lands
may begin and maintain a civil action for a judgment that the
lease has terminated. The recording of a judgment of
termination in the office of the recorder of the county
wherein are located the lands covered by such terminated
lease shall constitute a release of the lease. Upon judgment
being rendered that a lease has terminated and that the
lessee, his, her or their heirs, representatives, successors,
or assigns has not released the same of record within 60 days
after notice and demand, the court shall enter judgment
against all such persons who shall have failed to release
such lease of record for all court costs, litigation
expenses, and attorney's fees reasonably incurred by the
lessor or owner of the lands or minerals in obtaining the
judgment of termination. to compel the party to release the
same of record and upon judgment being rendered ordering the
lease forfeited and directing the release, the lessee, or the
person, firm, company or corporation owning, holding or
controlling the lease, shall be ordered to pay all costs
accruing by the action, including a reasonable attorney's fee
to be taxed as cost.
(Source: P.A. 84-1308.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 23, 2001.
Approved August 16, 2001.
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