(765 ILCS 515/1) (from Ch. 96 1/2, par. 9201)
Sec. 1.
As used in this Act the following definitions shall apply:
(a) A "severed mineral interest" is any whole or fractional interest in
any or all minerals which have been severed from the surface estate by grant,
exception, reservation or other means.
(b) An "unknown or missing owner" is any person or entity vested with
a severed mineral interest and whose present identity or location cannot
be determined from the records of the county in which the severed mineral
interest is located and by diligent inquiry in the vicinity of the owner's
last known place of residence, and shall include his unknown heirs and his
unknown successors and assigns.
(c) A "surface owner" is any person or entity vested with a whole or undivided
fee simple interest or other freehold interest in the surface estate overlying
a severed mineral interest but does not include an owner of a right of way,
easement, leasehold or any other lesser estate.
(Source: P.A. 83-571.)
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(765 ILCS 515/2) (from Ch. 96 1/2, par. 9202)
Sec. 2.
The circuit court of the county wherein the severed mineral
interest sought to be affected, or the major portion thereof, is situated
shall have jurisdiction of the proceedings authorized by this Act.
(Source: P.A. 83-571.)
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(765 ILCS 515/3) (from Ch. 96 1/2, par. 9203)
Sec. 3.
If the title to any severed mineral interest is vested in an
unknown or missing owner, the circuit court of the county in which the minerals
or the major portion thereof lies shall have the power to declare a trust
therein, appoint a trustee for the unknown or missing owners and authorize
the trustee to sell, execute and deliver a valid lease thereon on terms
and conditions approved by the circuit court for the purposes hereinafter
provided. The lease shall continue in full force and effect after the termination
of the trust or merger of the severed mineral estate with the surface estate
unless the lease has previously expired by its own terms.
(Source: P.A. 83-571.)
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(765 ILCS 515/4) (from Ch. 96 1/2, par. 9204)
Sec. 4.
Proceedings for the appointment of a trustee may be instituted
by any person:
(a) Vested in fee simple with the whole or undivided interest in the surface
estate overlying the particular mineral sought to be developed;
(b) Vested in fee simple with an undivided interest in all or part of
the particular minerals sought to be developed;
(c) Vested in fee simple with the entire interest in the particular minerals
sought to be developed under lands immediately adjacent and contiguous to
those lands under which the same minerals are vested in unknown or missing owners; or
(d) Vested with a valid and subsisting mineral lease, the lessor of which
is a person defined under either paragraph (b) or (c) of this Section.
(Source: P.A. 83-571.)
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(765 ILCS 515/5) (from Ch. 96 1/2, par. 9205)
Sec. 5.
(a) The person seeking to impress a trust upon a severed mineral
interest for the purpose of leasing and developing the same shall join as
defendants to the action all persons having a legal interest therein who
are unknown or missing and the unknown heirs, successors and assigns of
all unknown or missing owners. Said defendants shall stand for and represent
the full title and the whole interest of the unknown or missing owners in
the severed mineral interest or estate or interest therein. All parties
not in being who might have some contingent or future interest therein,
and all persons whether in being or not in being, having any interest, present,
future or contingent, in the severed mineral interests sought to be leased,
shall be fully bound by the proceedings hereunder.
(b) There shall be filed a verified petition specifically setting forth the following:
(1) The legal description of the lands.
(2) The interest of the plaintiff in the lands.
(3) The apparent interest of the defendant or defendants in the lands.
(4) The last known address, residence or whereabouts which plaintiff may
have been able to ascertain for each unknown or missing owner and the sources
of information which plaintiff has checked in an attempt to locate the present
address, residence or whereabouts of each unknown or missing owner.
(5) That plaintiff, upon diligent inquiry, cannot determine such defendant's
current address, residence or whereabouts and that upon due inquiry, such
defendant cannot be found.
(6) That there are persons, firms or corporations who are willing to purchase
a mineral lease covering the interest of such defendant, and that the existence
of these unleased mineral interests is detrimental to and impairs the enjoyment
of the interest of plaintiff.
(7) That the plaintiff has acquired or has good reason to believe that
he can acquire the right to mine and remove all other mineral interests
in the lands, if any, other than the interest of such defendant.
(c) The defendant or defendants shall be given notice of the pendency
of the action by the clerk of the court by publication to be made in some
newspaper published in the county where the action is pending. If there
is no newspaper published in that county, then the publication shall be
in a newspaper published in an adjoining county in this State, having circulation
in the county in which the action is pending. The publication shall contain
notice of the pendency of the action, the title of the court, the title
of the case, showing the names of the plaintiff and the first named defendant,
the number of the case, the names of the parties to be served by publication,
the legal description of the lands involved and the date on or after which
default may be entered against such party. The clerk shall also, within
10 days of the first publication of the notice, send a copy thereof by mail,
addressed to each defendant's last known address stated in the petition.
The certificate of the clerk that he has sent the copy of the notice pursuant
to this Section is evidence that he has done so.
The notice may be given at any time after the commencement of the action,
and shall be published at least once in each week for 3 successive weeks.
No default or proceeding shall be taken against any defendant unless the
first publication is at least 30 days prior to the time when the default
or other proceeding is sought to be taken.
(d) (1) If in any action there are persons who would be unknown parties
as defined in Section 2-413 of the Code of Civil Procedure, those persons
may be made defendants to this action in the same manner and with the same
effect as provided in the Code of Civil Procedure. Said defendants shall
be given notice of the pendency of the action by publication as provided herein.
(2) The court shall appoint a guardian ad litem for any party to the proceeding
who is a ward and who is not represented by a guardian.
(3) If it appears that any person not in being upon coming into being
is or may become or may claim to be entitled to any interest in the property
sought to be leased, the court shall appoint a guardian ad litem to appear
for and represent such interest in the proceeding and to defend the proceeding
on behalf of the person not in being, and any judgment or order rendered
in the proceeding is as effectual for all purposes as though the person
were in being and were a party to the proceeding.
(e) If any defendant answers or otherwise appears personally and the court
finds that he is an unknown or missing owner of a severed mineral interest,
the court shall enter an order determining the interest of such defendant
and he shall be dismissed from the action. The appearance by a guardian
ad litem appointed pursuant to subsection 5(d) (2) or 5(d) (3) of this Section
shall not be deemed a personal appearance within the meaning
of this subsection (e). As to all other defendants and after compliance
with the notice requirements provided herein, the court shall take evidence
and hear testimony as to the matters set forth in the complaint. The court
shall determine the prevailing terms of similar mineral leases obtained
in the vicinity of the lands described in the complaint, including, but
not limited to, length of primary term, bonus monies, delay rentals, royalty
rate, and other forms of lease payments. If upon taking evidence and hearing
testimony it appears that material allegations of the complaint are true
and that there has been compliance with the notice provisions herein provided,
then the court shall appoint a trustee for the purpose of selling a mineral
lease covering the interest of said defendant. The judgment appointing
the trustee and authorizing the sale of such a lease shall specify the minimum
terms which may be accepted by the trustee, such terms to be substantially
consistent with the terms of other similar mineral leases obtained in the
vicinity as determined by the court. From the date of such judgment the
owner of the surface estate overlying the severed mineral interest shall
be held to be exercising presumptive adverse possession of that severed
mineral interest. The terms of the mineral lease shall be substantially
consistent with the terms of other existing leases covering the remaining
mineral interests in the lands described in the complaint. The lands to
be covered by the mineral lease shall be contiguous. To the extent that
any of the lands
described in the complaint are not contiguous to other lands described therein,
said lands shall be the subject of separate mineral leases. The court may
designate the place and manner of holding the sale and may determine whether
said sale shall be private or public. The court, in its discretion, may
require the trustee to give a bond which shall be approved by the court.
The court shall determine a reasonable fee to be paid to the trustee and
said fee, together with the reasonable attorneys' fees and costs of the
proceeding incurred by such trustee, shall be paid by the purchaser of the
mineral lease.
(f) The plaintiff shall forthwith furnish the court with a report of proceedings
of the evidence received and testimony taken at the hearing on the complaint,
and the report of proceedings shall be filed and made a part of the case record.
(Source: P.A. 83-571.)
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(765 ILCS 515/6) (from Ch. 96 1/2, par. 9206)
Sec. 6.
The trustee shall enter into negotiations with prospective
purchasers of the mineral lease and shall sell a mineral lease covering
the interest of the defendant. The terms of the mineral lease shall be
in accordance with the findings and judgment of the court. The trustee
shall forthwith prepare and file a report of sale of the mineral lease stating
the terms of said lease and the payments received therefor and give notice
to all parties appearing of record. If the court finds that the sale was
in accordance with its judgment,
said sale shall be confirmed by court order. All monies paid to the trustee
shall be deposited by him in an interest bearing federally insured account,
such account to be in the name of and for the benefit of such defendant.
Any depository in which such monies are deposited shall have an office in
the county where the lands, or some part thereof, are located. All future
payments made under the mineral lease shall be paid directly into such account
and be held for the use and benefit of the defendant. All payments received
by the depository shall be held by the depository until further order of
the court, except that the trustee is authorized and directed, without court
order, to pay from the proceeds received any real property or other taxes
pertaining to such interest. Such defendant or his successor may petition
the court, and upon a finding of the court of ownership of such interest,
the court shall enter an order directing the release of all funds applicable
to the interest, including any accrued interest, to such owner. The depositing
of payments to the account for the credit of such defendant or the payment
of any taxes by the trustee shall not be construed as any personal act of
such defendant within the provisions of the Uniform Disposition of Unclaimed
Property Act.
(Source: P.A. 83-571.)
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(765 ILCS 515/7) (from Ch. 96 1/2, par. 9207)
Sec. 7.
The sale of and execution of any mineral lease under the provisions
of this Act shall be binding in all respects as to all of the interest in
the mineral and the right to mine and remove the same owned by the defendant
to the action in the same manner as if the defendant had personally signed
and delivered the lease. The lease shall be
binding upon the defendant's
heirs, legatees, personal representatives, successors or assigns.
(Source: P.A. 84-549.)
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(765 ILCS 515/8) (from Ch. 96 1/2, par. 9208)
Sec. 8.
In the event of the death, resignation, refusal or inability
of the trustee to act, the court, upon its own motion or upon the motion
of the depository, mineral lessee, or surface owner overlying the severed
mineral interest involved in the litigation, shall appoint a successor trustee.
After the entry of the initial judgment authorizing a lease all subsequent
proceedings pertaining to the lands and the severed mineral interest involved
in the initial litigation, including subsequent leasing proceedings or proceedings
by the trustee requesting authority to execute and deliver additional documents
pertaining to a mineral lease, shall be commenced and prosecuted in the
same case as the proceedings for the initial lease. The acting trustee
at the time of any subsequent proceedings shall act as the trustee in said
proceedings. The court shall retain continuing authority and jurisdiction
to conduct all such subsequent proceedings.
(Source: P.A. 83-571.)
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(765 ILCS 515/9) (from Ch. 96 1/2, par. 9209)
Sec. 9.
(a) Regardless of whether there has been production of the
severed mineral interest, if the owners of the severed mineral interests which
are the subject of a trustee's lease executed and delivered in accordance
with this Act remain unknown or missing for a period of 7 years from the
date of entry of the initial judgment authorizing a lease, the trustee shall
file a motion with the court on or before the eighth anniversary of the
date of the lease naming the then present surface owners as additional parties
defendant and requesting the surface owners to appear and present proof
to the satisfaction of the court that they are vested with fee simple title
to the surface estate. Upon a finding by the court that the surface estate
is vested in fee simple in the surface owners, the court shall order the
trustee to convey to the surface owners by recordable instrument the unknown
or missing owners' interest in the severed mineral interests, which conveyance
shall be approved by endorsement by the court on the face thereof.
(b) The trustee shall pay to the surface owner the remaining balance in
the depository which has accrued to the credit of such severed mineral
interests
to the date of his final report after payment of all allowable fees, taxes,
expenses and court costs including a fee to be paid to the trustee in an
amount determined by the court.
(c) From and after the date of the conveyance from the trustee to the
surface owners executed and delivered in accordance with subsection (a) of this
Section the surface owners shall be entitled to receive all proceeds from
the lease of such severed mineral interests.
(d) Upon the delivery of the conveyance directed in subsection (a) of
this Section, and after the payment as directed in subsection (b) of this
Section the trustee shall make his final report to the court, and upon
approval thereof, the court shall order the trust terminated and the trustee
and his bond discharged.
(Source: P.A. 83-571.)
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(765 ILCS 515/10) (from Ch. 96 1/2, par. 9210)
Sec. 10.
All attorneys' fees, expenses, and court costs incident to
the proceedings authorized hereunder shall be paid by the lessee if
a lease
is executed pursuant hereto, and by the plaintiff if for any reason no lease
is executed. Subsequent to entry of judgment, all allowable fees, expenses,
and court costs shall be paid out of funds in the hands of the trustee or party
movant.
(Source: P.A. 91-357, eff. 7-29-99.)
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(765 ILCS 515/11) (from Ch. 96 1/2, par. 9211)
Sec. 11.
(a) Surface owners may gain title to severed mineral interests
owned by unknown or missing owners under the theory of adverse possession
in the following manner and under the following conditions: If the title
to any severed mineral interest is vested in an unknown owner or missing
owner and the surface owner overlying the severed mineral interest desires
to acquire title to it by adverse possession, the surface owner may institute
a proceeding in the
circuit court of the county in which the severed mineral interest or the
major portion thereof lies. The surface owner shall join as defendants
to the proceeding all those persons having record title to the severed mineral
interest who are unknown or missing and the unknown heirs, successors and
assigns of all such persons. The persons named as defendants and who are
the unknown or missing owners as defined herein shall stand for and represent
the full title and the whole interest of the unknown or missing owners in
the severed mineral interest or estate or interest therein. All parties
not in being who might have some contingent or future interest therein,
and all persons whether in being or not in being, having any interest, present,
future or contingent, in the severed mineral interest sought to be acquired,
shall be fully bound by the proceedings hereunder. The surface owner shall
also join as defendants all other surface owners, if any, who are not plaintiffs.
(b) There shall be filed a verified petition specifically setting forth the following:
(1) The legal description of the lands.
(2) The interest of the plaintiff as a surface owner of the lands.
(3) The apparent interest of the defendant or defendants in the lands.
(4) The last known address, residence or whereabouts which plaintiff may
have been able to ascertain for each defendant who constitutes an unknown
or missing owner and the sources of information which plaintiff has checked
in an attempt to locate the present address, residence or whereabouts of
each such defendant.
(5) That plaintiff, upon diligent inquiry, cannot determine the unknown
or missing owner defendant's current address, residence or whereabouts and
that upon due inquiry, said defendants cannot be found.
(6) That the surface owners desire to acquire title to the severed mineral
interest by adverse possession.
(7) The petition shall also include as defendants and set forth the apparent
interest of all other persons holding a legal interest in the surface estate.
(c) The defendant or defendants who constitute the unknown or missing
owners shall be given notice of the pendency of the action by the clerk
of the court by publication to be made in some newspaper published in the
county where the action is pending. If there is no newspaper published
in that county, then the publication shall be in a newspaper published in
an adjoining county in this State, having circulation in the county in which
the action is pending. The publication shall contain notice of the pendency
of the action, the title of the court, the title of the case, showing the
names of the plaintiff and the first named defendant, the number of the
case, the names of the parties to be served by publication, the legal description
of the lands involved and the date on or after
which default may be entered against such party. The clerk shall also,
within 10 days of the first publication of the notice, send a copy thereof
by mail, addressed to each defendant whose last known address is stated
in the petition. The certificate of the clerk that he has sent the copy
of the notice in pursuance of this Section is evidence that he has done
so. The notice may be given at any time after the commencement of the action,
and shall be published at least once in each week for 3 successive weeks.
No default or proceeding shall be taken against any defendant unless the
first publication was at least 30 days prior to the time when the default
or other proceeding is sought to be taken.
(d)(1) If in any action there are persons who would be unknown parties
as defined in Section 2-413 of the Code of Civil Procedure, they may be
made defendants to this action in the same manner and with the same effect
as provided in the Code of Civil Procedure. Said defendants shall be given
notice of the pendency of the action by publication as provided herein.
(2) The court shall appoint a guardian ad litem for any party to the proceeding
who is a ward and who is not represented by a guardian.
(3) If it appears that any person not in being upon coming into being
is or may become or may claim to be entitled to any interest in the property,
the court shall appoint some competent and disinterested person as guardian
ad litem to appear for and represent such interest in the proceeding and
to defend the proceeding on behalf of the person not in being, and any judgment
or order rendered in the proceeding is as effectual for all purposes as
though the person were in being and were a party to the proceeding.
(e) If any defendant who constitutes an unknown or missing owner answers
or otherwise appears personally, and the court finds that he is the unknown
or missing owner of the severed mineral interest, the court shall enter
an order determining the interest of such defendant and he shall be dismissed
from the action. The appearance by a guardian ad litem appointed pursuant
to subsection 11(d)(2) or subsection 11(d)(3) of this Section shall not
be deemed a personal appearance within the meaning of this subsection (e).
As to all other defendants and after compliance with the notice requirements
provided herein, the court shall take evidence and take testimony as to
the matters set forth in the petition. If upon taking evidence and hearing
testimony it appears that all material allegations of the complaint are
true and that there has been compliance with the notice provisions herein
provided, the court shall enter a judgment that the owner of the surface
estate and his heirs, successors and assigns, is from the date of the judgment
exercising presumptive adverse possession of the severed mineral interests
by reason of his ownership.
(f) The plaintiff shall cause a report of the proceedings of the evidence
received and testimony taken at the hearing on the petition to be filed
and made a part of the case record.
(g) If, (1) the owners of the severed mineral interests remain unknown
or missing for a period of 7 years from the date of the judgment to the
effect that the owner of the surface estate overlying the severed mineral
interest is exercising presumptive adverse possession over the same or,
(2) the owners of the severed mineral interest remain unknown or missing
for a period of one year from the date of the judgment to the effect that
the owner of the surface estate overlying the severed mineral interest is
exercising presumptive adverse possession over the same and the severance
took place more than 20 years prior to the date of the filing of the original
petition, the plaintiff or his then successor in title shall file a motion
with the court renewing or supplementing the allegations of the original
petition and particularly containing allegations relative to the last known
address, residence or whereabouts which the plaintiff may have been able
to ascertain for each defendant who constitutes an unknown or missing owner
and the sources of information which plaintiff has checked in an attempt
to locate the present address, residence or whereabouts of each defendant
since the date of filing of the original petition. The motion shall also
contain an allegation that the plaintiff, upon diligent inquiry cannot determine
the defendants' current address, residence or whereabouts and that upon
due inquiry said defendants cannot be found. Notice of the hearing upon
the motion shall be given in the same manner as notice of the hearing upon
the original petition. If any defendant who constitutes an unknown or missing
owner answers or otherwise appears in response to the motion, the
court shall enter an order determining the interest of such owner and shall
dismiss the action as to such defendant. As to all other defendants and
after compliance with the notice requirements provided herein, the court
shall again take evidence and hear testimony as to the matters set forth in the original
petition and in the motion. If upon taking evidence and hearing testimony
it appears that all material allegations of the original complaint and of
the motion are true and that there has been compliance with the notice provisions
herein provided and payment by plaintiff of all taxes legally assessed on
such severed mineral interests, the court shall enter a judgment declaring
that the severed mineral interests are null and void due to adverse possession
by the surface owner and that fee title to such severed mineral interests
is vested in such surface owner. The court or such other officer appointed
by the court shall then convey to the surface owners in proportion to their
record interests by recordable instrument the unknown or missing owners'
interest in the severed mineral interests.
(h) At any time subsequent to the entry of the judgment that the surface
owner is exercising presumptive adverse possession of the severed mineral
interests and prior to the entry of a judgment declaring the interest null
and void, the owner of the severed mineral interest may intervene in the
proceeding and upon notice to all parties who have appeared in the case
as the court directs present proof of his ownership of the severed mineral
interest. Upon a finding by the court that such intervenor is the owner
of said severed mineral interest and upon payment to the plaintiff of all
real estate taxes upon said severed mineral interest theretofore paid by
the plaintiff and such reasonable attorney fees and costs as the court may
allow, the court shall enter an order determining the interest of such owner
and shall dismiss the action as to such intervenor.
(Source: P.A. 83-571.)
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(765 ILCS 515/12) (from Ch. 96 1/2, par. 9212)
Sec. 12.
If any surface owner is named as a defendant and acquires
an interest in the severed mineral interest by a judgement entered in accordance
with subsection (g) of Section 11, said owner shall be liable to the plaintiff
for his proportionate part of any taxes paid by plaintiff corresponding
to said severed mineral interest and such reasonable attorney fees and costs
as the court may allow and a judgment may be entered therefor in favor of
the plaintiff if they are not paid as provided by the court.
(Source: P.A. 83-571.)
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(765 ILCS 515/13) (from Ch. 96 1/2, par. 9213)
Sec. 13.
A trustee proceeding pursuant to Sections 3 through 8 may be
commenced
at any time prior to the entry of a judgment pursuant to Section 11, but
if commenced after a proceeding under Section 11 is commenced, it shall
also join as defendants thereto the surface owner overlying the severed
mineral interest. Any mineral lease executed as a result of the trustee
proceeding pursuant to Sections 3 through 8 shall be binding upon any
subsequent
owner of the severed mineral interest whose interest was acquired by judgment
entered in accordance with Section 9 or 11.
(Source: P.A. 83-571.)
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(765 ILCS 515/14) (from Ch. 96 1/2, par. 9214)
Sec. 14.
This Act shall be liberally construed so that any deed issued
pursuant to this Act shall convey merchantable title.
(Source: P.A. 83-571.)
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(765 ILCS 515/17) (from Ch. 96 1/2, par. 9217)
Sec. 17.
This Act shall be known and may be cited as the Severed Mineral Interest Act.
(Source: P.A. 83-571.)
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