HB3372sam001 97TH GENERAL ASSEMBLY

Sen. Kirk W. Dillard

Filed: 5/21/2012

09700HB3372sam001 LRB097 10901 AJO 69352 a

AMENDMENT TO HOUSE BILL 3372

AMENDMENT NO. ______. Amend House Bill 3372 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by changing Section 13-120 as follows:

(735 ILCS 5/13-120) (from Ch. 110, par. 13-120)

Sec. 13-120. Limitation on sections. Sections 13-118 through 13-121 of this Act shall not be applied:

1. to bar any lessor or his or her successor as reversioner of his or her right to possession on the expiration of any lease or any lessee or his or her successor of his or her rights in and to any lease; or

2. to bar or extinguish any interest created or held for any public utility purpose; or

3. to bar or extinguish any easement or interest in the nature of an easement, or any rights granted, reserved or excepted by any instrument creating such easement or interest, the existence of which such easement or interest either is apparent from or can be proved by physical evidences of its use, whether or not such physical evidences of its use are visible from the surface; or

4. to bar or extinguish any separate mineral estate or any rights, immunities and interests appurtenant or relating thereto; or

5. to bar any interest of a mortgagee or interest in the nature of that of a mortgagee where the due date of the mortgage is stated on the face, or ascertainable from the written terms thereof and is not barred by Section 13-116 of this Act.

6. to validate any encroachment on any street, highway or public waters.

Nothing contained in Sections 13-118 through 13-121 of this Act shall be construed to extend the period for the beginning of any action or the doing of any other required act under any statutes of limitation nor, except as provided in this Section 13-120, to affect the operation of any statutes or case law governing the recording or the failure to record any instruments affecting land.

Sections 13-118 through 13-121 of this Act shall not be deemed to affect any easement obtained by a governmental entity by way of an eminent domain proceeding for the construction of an underground water main, storm sewer, or sanitary sewer regardless of whether the easement interest is recorded in the recorder's office located in the county in which the property subject to the easement is located, provided that the governmental entity shows that the easement was obtained by way of a final judgment in a condemnation action for the easement and shows the subsequent payment of just compensation by the governmental entity to the party adjudged by the trial court to be entitled to the just compensation.

No statement recorded or action filed pursuant to the provisions of Sections 13-118 through 13-121 of this Act shall affect real estate registered under "An Act concerning land titles" approved May 1, 1897, as amended; and real estate heretofore or hereafter registered under "An Act concerning land titles" shall be subject to the terms thereof and all subsequent amendments thereto.

Sections 13-118 through 13-121 of this Act shall not be deemed to affect any right, title or interest of the United States unless the Congress shall assent to its operation in that behalf.

(Source: P.A. 82-280.)

Section 10. The Conveyances Act is amended by changing Section 30 as follows:

(765 ILCS 5/30) (from Ch. 30, par. 29)

Sec. 30. All deeds, mortgages and other instruments of writing which are authorized to be recorded, shall take effect and be in force from and after the time of filing the same for record, and not before, as to all creditors and subsequent purchasers, without notice; and all such deeds and title papers shall be adjudged void as to all such creditors and subsequent purchasers, without notice, until the same shall be filed for record. However, any easement obtained by a governmental entity by way of an eminent domain proceeding for the construction of a public improvement of an underground water main, storm sewer, or sanitary sewer shall be deemed valid regardless of whether the easement interest is recorded in the recorder's office located in the county in which the property subject to the easement is located, provided that the governmental entity shows that the easement was obtained by way of a final judgment in a condemnation action for the easement and shows the subsequent deposit of just compensation to the county treasurer as provided in Section 10-5-85 of the Eminent Domain Act or otherwise shows payment of just compensation as provided by any other statute utilized by the governmental entity providing for the exercise of eminent domain.

(Source: Laws 1871-2, p. 282.)".