Illinois General Assembly - Full Text of HB2411
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Full Text of HB2411  96th General Assembly

HB2411 96TH GENERAL ASSEMBLY


 


 
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.