State of Illinois
92nd General Assembly
Legislation

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92_HB0396

 
                                               LRB9201878RCgc

 1        AN ACT in relation to land excavation.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Adjacent Landowner Excavation  Protection
 5    Act is amended by changing Section 1 as follows:

 6        (765 ILCS 140/1) (from Ch. 111 1/2, par. 3301)
 7        Sec. 1.
 8        Each adjacent owner is entitled to the continuous lateral
 9    and  subjacent  support  which  his  land  receives  from the
10    adjoining land, subject to the right  of  the  owner  of  the
11    adjoining  land  to  make proper and usual excavations on the
12    same for purposes of construction or improvements, under  the
13    following conditions:
14        1.   Any  owner or possessor of land intending to make or
15    to permit an excavation to be made on his land shall give due
16    and reasonable notice in writing to the owner  or  owners  of
17    adjoining   lands   and  of  adjoining  buildings  and  other
18    structures stating the  depth  to  which  the  excavation  is
19    intended  to  be  made and when the excavation will begin. If
20    the excavation is to be of a  depth  of  not  more  than  the
21    standard  depth  of foundations, as herein defined, and if it
22    appears that the excavation is to be of a greater depth  than
23    the  walls  or foundations of any adjoining building or other
24    structure and is to be so close as to endanger  the  building
25    or  other  structure  in  any  way,  or  if the excavation is
26    intended to be or  is  deeper  than  the  standard  depth  of
27    foundations  as herein defined, then the owner of the land on
28    which the excavation is being made, if  given  the  necessary
29    license  to enter on adjoining land, and not otherwise, shall
30    protect the said adjoining land and  any  building  or  other
31    structure  thereon,  without  cost  to  the owner thereof, by
 
                            -2-                LRB9201878RCgc
 1    furnishing lateral and subjacent support  to  said  adjoining
 2    land  and  all  buildings  and  structures thereon, in such a
 3    manner as to protect the same from any damage  by  reason  of
 4    the  excavation  and  shall  be  liable  to the owner of such
 5    property for any damage to the land or to  any  buildings  or
 6    other  structures  thereon. then the owner of the building or
 7    other structure on the adjoining  land  shall  be  allowed  a
 8    reasonable  time, but in no event less than thirty (30) days,
 9    in which to take measures to protect the same from any damage
10    or in which to extend the foundations thereof, and he must be
11    given, for the said purpose, a license to enter on  the  land
12    on which the excavation is to be or is being made.
13        2.  Any   owner  or  possessor  of  land  upon  which  an
14    excavation is made, who does not comply with  the  provisions
15    of  subparagraph  1, when so required, is liable to the owner
16    of adjacent property for any damage to the  land  or  to  any
17    buildings  or  other  structure  thereon  arising  from  such
18    excavation,  and  is  also liable to occupants and tenants of
19    the adjoining land or structures  for  any  damage  to  their
20    property  or  business,  proximately resulting from injury to
21    such land or structures, caused by the failure of such  owner
22    or possessor to so comply.
23        3.  In   making   any  excavation,  reasonable  care  and
24    precautions shall be taken to sustain the adjoining  land  as
25    such, without regard to any building or other structure which
26    may  be thereon, and there is no liability for damage done to
27    any building or other structure by reason of  the  excavation
28    except as herein provided or otherwise provided or allowed by
29    law.
30        4.  Standard  depth  of foundations, as used herein, is a
31    depth of eight (8) feet below  the  established  grade  of  a
32    street,  highway  or  other  public  way upon which such land
33    abuts, or if there is no established grade, below the surface
34    of the adjoining land.
 
                            -3-                LRB9201878RCgc
 1        5.  (Blank).  If the excavation is intended to be  or  is
 2    deeper  than  the  standard  depth  of  foundations as herein
 3    defined, then the owner of the land on which  the  excavation
 4    is  being  made,  if  given the necessary license to enter on
 5    adjoining land, and not otherwise,  shall  protect  the  said
 6    adjoining  land  and any building or other structure thereon,
 7    without cost to the owner thereof, by furnishing lateral  and
 8    subjacent  support  to  said adjoining land and all buildings
 9    and structures thereon, in such a manner as  to  protect  the
10    same from any damage by reason of the excavation and shall be
11    liable  to  the  owner of such property for any damage to the
12    land or to any buildings or other structures thereon.
13        6.  The owner or possessor of the  land  upon  which  the
14    excavation  is  being  made shall also be liable to occupants
15    and tenants of such adjoining lands or structures thereon for
16    any  damage  to  their  property  or  business,   proximately
17    resulting  from  injury to such land or structures, caused by
18    the  failure  of  such  owners  or  possessor,  making   such
19    excavation,  to  fulfill the duty set forth in subparagraph 1
20    5.
21    (Source: Laws 1957, p. 1102.)

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