96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2411


 
Introduced 2/19/2009, by Rep. Naomi D. Jakobsson
 
SYNOPSIS AS INTRODUCED:
 		








  



735 ILCS 5/13-106
  from Ch. 110, par. 13-106







    Amends the Code of Civil Procedure.  Adds this additional circumstance as to when, with respect to the right to make an entry or bring an action to recover land, shall be deemed to have first accrued: in the case of a publicly maintained sanitary or storm sewer or water pipe, the right shall be deemed to have been established at the time of the construction of the sanitary or storm sewer or water pipe.  Effective immediately.
















LRB096 09096 AJO 19237 b

















 


 


A BILL FOR









 











HB2411

LRB096 09096 AJO 19237 b






1
    AN ACT concerning civil law.

 
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 13-106 as follows:
 



6
    (735 ILCS 5/13-106)  (from Ch. 110, par. 13-106)



7
    Sec. 13-106. Accrual of right of entry or to bring action. 
8
The right
to make an entry or bring an action to recover land

9
shall be deemed to have first accrued at the times respectively

10
hereinafter provided:

11
    (a) When any person is wrongfully ousted from possession, 
12
his or her
right of entry or of action shall be deemed to have 
13
accrued at the time
of such wrongful ouster.

14
    (b) When he or she claims as heir or legatee of an owner in 
15
possession
who died, his or her right shall be deemed to have 
16
accrued at the time of such
death, unless there is an estate

17
intervening after the death of such ancestor or testator; in 
18
which case
his or her right shall be deemed to accrue when such 
19
intermediate estate
expires, or when it would have expired by 
20
its own limitations.

21
    (c) When there is such an intermediate estate, and in all 
22
other
cases when the party claims by force of any remainder or 
23
reversion, his
or her right, so far as it is affected by the 
 


 






HB2411
- 2 -
LRB096 09096 AJO 19237 b




1
limitation herein prescribed,
shall be deemed to accrue when 
2
the intermediate or precedent estate
would have expired by its 
3
own limitation, notwithstanding any forfeiture
thereof for 
4
which he or she might have entered at an earlier time.

5
    (d) Paragraph (c) of this Section shall not prevent a 
6
person from entering
when entitled to do so by reason of any 
7
forfeiture or breach of
condition; but if he or she claims 
8
under such a title, his or her right shall be
deemed to have 
9
accrued when the forfeiture was incurred or the condition
was 
10
broken.

11
    (e) In all cases not otherwise specially provided for, the 
12
right
shall be deemed to have accrued when the claimant, or the 
13
person under
whom he or she claims, first became entitled to 
14
the possession of the premises
under the title upon which the 
15
entry or the action is founded.

16
    (f)  In the case of a publicly maintained sanitary or storm 
17
sewer or water pipe, the right shall be deemed to have been 
18
established at the time of the construction of the sanitary or 
19
storm sewer or water pipe. 
20
(Source: P.A. 84-549.)

 

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