Full Text of HB3372 97th General Assembly
HB3372sam001 97TH GENERAL ASSEMBLY | Sen. Kirk W. Dillard Filed: 5/21/2012
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| 1 | | AMENDMENT TO HOUSE BILL 3372
| 2 | | AMENDMENT NO. ______. Amend House Bill 3372 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 13-120 as follows:
| 6 | | (735 ILCS 5/13-120) (from Ch. 110, par. 13-120)
| 7 | | Sec. 13-120. Limitation on sections. Sections 13-118 | 8 | | through 13-121 of this Act shall not be applied:
| 9 | | 1. to bar any lessor or his or her successor as reversioner | 10 | | of his or
her right to possession on the expiration of any | 11 | | lease or any lessee or his or
her
successor of his or her | 12 | | rights in and to any lease; or
| 13 | | 2. to bar or extinguish any interest created or held for | 14 | | any public
utility purpose; or
| 15 | | 3. to bar or extinguish any easement or interest in the | 16 | | nature of
an easement, or any rights granted, reserved or |
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| 1 | | excepted by any
instrument creating such easement or interest, | 2 | | the existence of which
such easement or interest either is | 3 | | apparent from or can be proved by
physical evidences of its | 4 | | use, whether or not such physical evidences of
its use are | 5 | | visible from the surface; or
| 6 | | 4. to bar or extinguish any separate mineral estate or any | 7 | | rights,
immunities and interests appurtenant or relating | 8 | | thereto; or
| 9 | | 5. to bar any interest of a mortgagee or interest in the | 10 | | nature of
that of a mortgagee where the due date of the | 11 | | mortgage is stated on the
face, or ascertainable from the | 12 | | written terms thereof and is not barred
by Section 13-116 of | 13 | | this Act.
| 14 | | 6. to validate any encroachment on any street, highway or | 15 | | public
waters.
| 16 | | Nothing contained in Sections 13-118 through 13-121 of this | 17 | | Act shall be
construed to extend the period
for the beginning | 18 | | of any action or the doing of any other required act
under any | 19 | | statutes of limitation nor , except as provided in this Section | 20 | | 13-120, to affect the operation of any
statutes or case law | 21 | | governing the recording or the failure to record
any | 22 | | instruments affecting land.
| 23 | | Sections 13-118 through 13-121 of this Act shall not be | 24 | | deemed to affect any easement obtained by a governmental entity | 25 | | by way of an eminent domain proceeding for the construction of | 26 | | an underground water main, storm sewer, or sanitary sewer |
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| 1 | | regardless of whether the easement interest is recorded in the | 2 | | recorder's office located in the county in which the property | 3 | | subject to the easement is located, provided that the | 4 | | governmental entity shows that the easement was obtained by way | 5 | | of a final judgment in a condemnation action for the easement | 6 | | and shows the subsequent payment of just compensation by the | 7 | | governmental entity to the party adjudged by the trial court to | 8 | | be entitled to the just compensation. | 9 | | No statement recorded or action filed pursuant to the | 10 | | provisions of Sections
13-118 through 13-121 of
this Act shall | 11 | | affect real estate registered under "An Act concerning
land | 12 | | titles" approved May 1, 1897, as amended; and real estate
| 13 | | heretofore or hereafter registered under "An Act concerning | 14 | | land titles"
shall be subject to the terms thereof and all | 15 | | subsequent amendments
thereto.
| 16 | | Sections 13-118 through 13-121 of this Act shall not be | 17 | | deemed to affect
any right, title or interest
of the United | 18 | | States unless the Congress shall assent to its operation
in | 19 | | that behalf.
| 20 | | (Source: P.A. 82-280.)
| 21 | | Section 10. The Conveyances Act is amended by changing | 22 | | Section 30 as follows:
| 23 | | (765 ILCS 5/30) (from Ch. 30, par. 29)
| 24 | | Sec. 30.
All deeds, mortgages and other instruments of |
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| 1 | | writing which are
authorized to be recorded, shall take effect | 2 | | and be in force from and after
the time of filing the same for | 3 | | record, and not before, as to all creditors
and subsequent | 4 | | purchasers, without notice; and all such deeds and title
papers | 5 | | shall be adjudged void as to all such creditors and subsequent
| 6 | | purchasers, without notice, until the same shall be filed for | 7 | | record. However, any easement obtained by a governmental entity | 8 | | by way of an eminent domain proceeding for the construction of | 9 | | a public improvement of an underground water main, storm sewer, | 10 | | or sanitary sewer shall be deemed valid regardless of whether | 11 | | the easement interest is recorded in the recorder's office | 12 | | located in the county in which the property subject to the | 13 | | easement is located, provided that the governmental entity | 14 | | shows that the easement was obtained by way of a final judgment | 15 | | in a condemnation action for the easement and shows the | 16 | | subsequent deposit of just compensation to the county treasurer | 17 | | as provided in Section 10-5-85 of the Eminent Domain Act or | 18 | | otherwise shows payment of just compensation as provided by any | 19 | | other statute utilized by the governmental entity providing for | 20 | | the exercise of eminent domain.
| 21 | | (Source: Laws 1871-2, p. 282.)".
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