96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5293


 
Introduced 2/3/2010, by Rep. William B. Black
 
SYNOPSIS AS INTRODUCED:
 		





 








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








     Amends the Code of Civil Procedure.  In provisions concerning real property that establish when the right to make an entry or bring an action to recover land first accrues, provides that in the case of a publicly-maintained sanitary sewer, storm sewer, or water pipe, the right accrues at the time of the construction on the property of the sanitary, sewer, storm sewer, or water pipe.    Effective immediately.
  















LRB096 16245 AJO 31501 b

















 


 


A BILL FOR









 




  






HB5293

LRB096 16245 AJO 31501 b





  
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    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 13-106 as follows:
 



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



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

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shall be deemed to have first accrued at the times respectively

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hereinafter provided:

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

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

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

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


 






HB5293
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limitation herein prescribed,
shall be deemed to accrue when 
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the intermediate or precedent estate
would have expired by its 
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own limitation, notwithstanding any forfeiture
thereof for 
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which he or she might have entered at an earlier time.

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

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

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    (f) In the case of a publicly-maintained sanitary sewer, 
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storm sewer, or water pipe, the right is deemed to have first 
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accrued at the time of the construction on the property of the 
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sanitary sewer, storm sewer, or water pipe. 
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(Source: P.A. 84-549.)

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