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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 or7other structure on the adjoining land shall be allowed a8reasonable time, but in no event less than thirty (30) days,9in which to take measures to protect the same from any damage10or in which to extend the foundations thereof, and he must be11given, for the said purpose, a license to enter on the land12on 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 is2deeper than the standard depth of foundations as herein3defined, then the owner of the land on which the excavation4is being made, if given the necessary license to enter on5adjoining land, and not otherwise, shall protect the said6adjoining land and any building or other structure thereon,7without cost to the owner thereof, by furnishing lateral and8subjacent support to said adjoining land and all buildings9and structures thereon, in such a manner as to protect the10same from any damage by reason of the excavation and shall be11liable to the owner of such property for any damage to the12land 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 1 205. 21 (Source: Laws 1957, p. 1102.)