(65 ILCS 5/11-123-9) (from Ch. 24, par. 11-123-9)
Sec. 11-123-9.
When any city or village and the owner or claimant
have agreed upon a boundary line as provided in Section 11-123-8, the
city or village shall commence a civil action in the circuit court of
the county in which the land is situated, praying that the boundary line
be established and confirmed by judgment of the court. All persons
interested in the land as owners or otherwise, who appear of record, if
known, or if not known, upon stating the fact, shall be made parties
defendant. Interested persons whose names are unknown may be made
parties defendant by the description of unknown owners, but in all cases
an affidavit shall be filed by or on behalf of the municipality, setting
forth that the names of these persons are unknown.
The municipality shall publish notice of the commencement of the
action once a week for 3 consecutive weeks, in one or more newspapers
published in the municipality, or, if no newspaper is published therein,
then in one or more newspapers with a general circulation within the
municipality. In municipalities with less than 500 population in which
no newspaper is published, publication may instead be made by posting a
notice in 3 prominent places within the municipality. The notices shall
contain the title of the action and the return day at which the
defendants are to appear, and the last of the notices shall be published
not less than 10 nor more than 20 days before the return day. The
defendants who do not enter their appearances shall be served with
process and the proceedings in the action shall be conducted in the same
manner as provided by the Civil Practice Law, as heretofore and
hereafter amended and the Supreme Court Rules, now or hereafter
adopted, in relation to that Law, except as otherwise provided in this
Division 123.
If upon a hearing the court finds that the rights and interests of
the public have been duly conserved by the agreement, the court shall
confirm the agreement and establish the boundary line. Otherwise the
court, in its discretion, shall dismiss the suit. If the boundary line
agreed upon is so established and confirmed by a court judgment, it
shall be the permanent boundary line thereafter and shall not be
affected either by accretion or erosion.
The establishment of such a boundary line operates as a conveyance
and release to the municipality of all the right, title, and interest of
owners to all land, property, and property rights, including riparian
rights, lying upon the outer or water side of the boundary line. The
municipality is hereby granted by the State of Illinois the title to all
land, property, and property rights, including riparian rights, lying
upon the outer or water side of the boundary line when so established.
The owners of the shore land are hereby granted by the State of Illinois
the title to the adjacent, adjoining, submerged, or other land, whether
of natural or artificial formation, as specifically and particularly
described in the court judgment, lying upon the inner or land side of
the boundary line when so established. These owners may fill in,
improve, protect, and use, sell, and convey this land lying upon the
inner or land side of the boundary line free from any adverse claim in
any way arising out of any question as to where the shore line was at
any time in the past, or as to the title to any existing accretions.
(Source: P.A. 82-783.)
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