95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2707


 
Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey
 
SYNOPSIS AS INTRODUCED:
 		













735 ILCS 5/17-101
  from Ch. 110, par. 17-101








    Amends the Code of Civil Procedure.  Makes a technical change in a Section
concerning partition.
















LRB095 00837 AJO 20839 b

















 


 


A BILL FOR









 











HB2707

LRB095 00837 AJO 20839 b






1
    AN ACT concerning civil law.

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


 
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    Section 5. The Code of Civil Procedure is amended by 
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changing Section 17-101 as follows:
 



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    (735 ILCS 5/17-101)  (from Ch. 110, par. 17-101)



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    Sec. 17-101. Compelling partition. When lands, tenements, 
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or hereditaments
are held in joint
tenancy or tenancy in common 
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or other form of co-ownership and
and regardless of whether any 
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or all of the claimants are
minors or adults, any one or more 
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of the persons interested therein
may compel a partition 
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thereof by a verified complaint in the circuit court of
the

13
county where the premises or part of the premises are situated.

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If lands, tenements or hereditaments held in joint tenancy or 
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tenancy in
common are situated in 2 or more counties, the venue 
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may be in any one
of such counties, and the circuit court of 
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any such county first
acquiring jurisdiction shall retain sole 
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and exclusive jurisdiction.
Ownership of an interest in the 
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surface of lands, tenements, or
hereditaments by a co-owner of 
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an interest in minerals underlying
the surface does not prevent 
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partition of the mineral estate.
This amendatory Act of the 
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92nd General Assembly is a declaration
of existing law and is 
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intended to remove any possible conflicts or
ambiguities, 
 


 






HB2707
- 2 -
LRB095 00837 AJO 20839 b




1
thereby confirming existing law pertinent to the
partition of 
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interests in minerals and applies to all actions for the

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partition of minerals now pending or filed on or after the 
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effective
date of this amendatory Act of the 92nd General 
5
Assembly.
Nothing in this amendatory Act of the 92nd General 
6
Assembly shall be
construed as allowing an owner of a mineral 
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interest in coal to mine and
remove the coal by the surface 
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method of mining without first obtaining the
consent of all of 
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the owners of the surface to the mining and removal of coal
by 
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the
surface method of mining. Ownership of an interest in 
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minerals by a co-owner of an interest in the surface does not 
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prevent partition of the surface.  The ownership of an interest 
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in some, but not all, of the mineral estate by a co-owner of an 
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interest in other minerals does not prevent the partition of 
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the co-owned mineral estate.

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(Source: P.A. 92-379, eff. 8-16-01; 93-925, eff. 8-12-04.)