Public Act 093-0925
 		





SB2274 Enrolled
LRB093 14937 LCB 40505 b






    AN ACT concerning property.

 
    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 Sections 17-101, 17-105, 17-106, and 17-112 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 
or other form of co-ownership and regardless of , 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. Ownership of an interest 
in minerals by a co-owner of an interest in the surface does 
not prevent partition of the surface.  The ownership of an 
interest in some, but not all, of the mineral estate by a 
co-owner of an interest in other minerals does not prevent the 
partition of the co-owned mineral estate.


(Source: P.A. 92-379, eff. 8-16-01.)

 



    (735 ILCS 5/17-105)  (from Ch. 110, par. 17-105)



    Sec. 17-105. Judgment. The court shall ascertain and 
declare the rights, titles and
interest of all the parties in 
such action, the plaintiffs as well as the
defendants, and 
shall enter judgment according to the rights of the
parties. 
After entry of judgment adjudicating the rights, titles, and 
interests of the parties, the court upon further hearing shall 
determine whether or not the premises or any part thereof can 
be divided among the parties without manifest prejudice to the 
parties in interest.  If the court finds that a division can be 
made, then the court shall enter further judgment fairly and 
impartially dividing the premises among the parties with or 
without owelty. If the court finds that the whole or any part 
of the premises sought to be partitioned cannot be divided 
without manifest prejudice to the owners thereof, then the 
court shall order the premises not susceptible of division to 
be sold at public sale in such manner and upon such terms and 
notice of sale as the court directs.  If the court orders the 
sale of the premises or any part thereof, the court shall fix 
the value of the premises to be sold.  No sale may be approved 
for less than two-thirds of the total amount of the valuation 
of the premises to be sold.  If it appears to the court that any 
of the premises will not sell for two-thirds of the amount of 
the valuation thereof, the court upon further hearing may 
either revalue the premise and approve the sale or order a new 
sale.


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

 



    (735 ILCS 5/17-106)  (from Ch. 110, par. 17-106)



    Sec. 17-106. Appointment of commissioner and surveyor.

Appointment of Commissioners.
The court in its discretion, sua 
sponte, or on the motion of any interested party, may appoint a 
disinterested commissioner who, subject to direction by the 
court, shall report to the court in writing under oath as to 
whether or not the premises are subject to division without 
manifest prejudice to the rights of the parties and, if so, 
report how the division may be made.  The court may authorize 
the employment of a surveyor to carry out or assist in the 
division of the premises. The fees and expenses of the 
commissioner and of the surveyor and the person making the sale 
shall be taxed as costs in the proceedings.
When the court 
orders a partition
of any premises to be made,
it shall appoint 
3 commissioners, not connected with any of the
parties, either 
by consanguinity or affinity, and entirely
disinterested, to 
make partition of the premises, and such commissioners
shall be 
allowed a reasonable sum for their services and expenses, to be

fixed by the court, and taxed in the bill of costs.

    The Court may in its discretion appoint one commissioner 
who shall
have all the rights and powers and be under the same 
obligations as set
forth in Article XVII of this Act whenever 3 
commissioners are appointed.

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

 



    (735 ILCS 5/17-112)  (from Ch. 110, par. 17-112)



    Sec. 17-112. Homestead. If any party to the action is 
entitled to an estate of homestead in the
premises, or any part 
thereof, and the homestead has not been set off,
the homestead 
may be set off by the court
commissioners; and if the court
so 
directs, the premises so allotted or set off may be partitioned

among the claimants, subject thereto.

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

 

    (735 ILCS 5/17-107 rep.)


    (735 ILCS 5/17-108 rep.)


    (735 ILCS 5/17-109 rep.)  (from Ch. 110, par. 17-109)



    (735 ILCS 5/17-110 rep.)  (from Ch. 110, par. 17-110)



    (735 ILCS 5/17-111 rep.)  (from Ch. 110, par. 17-111)



    (735 ILCS 5/17-116 rep.)  (from Ch. 110, par. 17-116)



    (735 ILCS 5/17-117 rep.)  (from Ch. 110, par. 17-117)


    Section 10. The Code of Civil Procedure is amended  by 
repealing Sections 17-107, 17-108, 17-109, 17-110, 17-111, 
17-116, and 17-117.
 

    (765 ILCS 535/Act rep.)


    Section 15. The Oil and Gas Lease Release Act is repealed.
 

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