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(735 ILCS 5/17-101) (from Ch. 110, par. 17-101)
Sec. 17-101. Compelling partition. When lands, tenements, or hereditaments
are held in joint
tenancy or tenancy in common, other than in accordance with the Uniform Partition of Heirs Property Act, or other form of co-ownership and regardless of whether any or all of the claimants are
minors or adults, any one or more of the persons interested therein
may compel a partition thereof by a verified complaint in the circuit court of
the
county where the premises or part of the premises are situated.
If lands, tenements or hereditaments held in joint tenancy or tenancy in
common are situated in 2 or more counties, the venue may be in any one
of such counties, and the circuit court of any such county first
acquiring jurisdiction shall retain sole and exclusive jurisdiction.
Ownership of an interest in the surface of lands, tenements, or
hereditaments by a co-owner of an interest in minerals underlying
the surface does not prevent partition of the mineral estate.
This amendatory Act of the 92nd General Assembly is a declaration
of existing law and is intended to remove any possible conflicts or
ambiguities, thereby confirming existing law pertinent to the
partition of interests in minerals and applies to all actions for the
partition of minerals now pending or filed on or after the effective
date of this amendatory Act of the 92nd General Assembly.
Nothing in this amendatory Act of the 92nd General Assembly shall be
construed as allowing an owner of a mineral interest in coal to mine and
remove the coal by the surface method of mining without first obtaining the
consent of all of the owners of the surface to the mining and removal of coal
by the
surface method of mining. Ownership of an interest in minerals by a co-owner of an interest in the surface does not prevent partition of the surface. The ownership of an interest in some, but not all, of the mineral estate by a co-owner of an interest in other minerals does not prevent the partition of the co-owned mineral estate.
(Source: P.A. 101-520, eff. 8-23-19.)
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