State of Illinois
92nd General Assembly
Legislation

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92_HB0396eng

 
HB0396 Engrossed                               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.    Each  adjacent  owner  is  entitled  to  the
 8    continuous lateral  and  subjacent  support  which  his  land
 9    receives from the adjoining land, subject to the right of the
10    owner  of  the  adjoining  land  to  make  proper  and  usual
11    excavations  on  the  same  for  purposes  of construction or
12    improvements, under the following conditions:
13        1.  Any owner or possessor of land intending to  make  or
14    to permit an excavation to be made on his land shall give due
15    and  reasonable  notice  in writing to the owner or owners of
16    adjoining  lands  and  of  adjoining  buildings   and   other
17    structures  stating  the  depth  to  which  the excavation is
18    intended to be made and when the excavation  will  begin.  If
19    the  excavation  is  to  be  of  a depth of not more than the
20    standard depth of foundations, as herein defined, and  if  it
21    appears  that the excavation is to be of a greater depth than
22    the walls or foundations of any adjoining building  or  other
23    structure  and  is to be so close as to endanger the building
24    or other structure in  any  way,  or  if  the  excavation  is
25    intended  to  be  or  is  deeper  than  the standard depth of
26    foundations as herein defined, then the owner of the land  on
27    which  the  excavation  is being made, if given the necessary
28    license to enter on adjoining land, and not otherwise,  shall
29    protect  the  said  adjoining  land and any building or other
30    structure thereon, without cost  to  the  owner  thereof,  by
31    furnishing  lateral  and  subjacent support to said adjoining
 
HB0396 Engrossed            -2-                LRB9201878RCgc
 1    land and all buildings and  structures  thereon,  in  such  a
 2    manner  as  to  protect the same from any damage by reason of
 3    the excavation and shall be  liable  to  the  owner  of  such
 4    property  for  any  damage to the land or to any buildings or
 5    other structures thereon. then the owner of the  building  or
 6    other  structure  on  the  adjoining  land shall be allowed a
 7    reasonable time, but in no event less than thirty (30)  days,
 8    in which to take measures to protect the same from any damage
 9    or in which to extend the foundations thereof, and he must be
10    given,  for  the said purpose, a license to enter on the land
11    on which the excavation is to be or is being made.
12        2.  Any  owner  or  possessor  of  land  upon  which   an
13    excavation  is  made, who does not comply with the provisions
14    of subparagraph 1, when so required, is liable to  the  owner
15    of  adjacent  property  for  any damage to the land or to any
16    buildings  or  other  structure  thereon  arising  from  such
17    excavation, and is also liable to occupants  and  tenants  of
18    the  adjoining  land  or  structures  for any damage to their
19    property or business, proximately resulting  from  injury  to
20    such  land or structures, caused by the failure of such owner
21    or possessor to so comply.
22        3.  In  making  any  excavation,  reasonable   care   and
23    precautions  shall  be taken to sustain the adjoining land as
24    such, without regard to any building or other structure which
25    may be thereon, and there is no liability for damage done  to
26    any  building  or other structure by reason of the excavation
27    except as herein provided or otherwise provided or allowed by
28    law.
29        4.  Standard depth of foundations, as used herein,  is  a
30    depth  of  eight  (8)  feet  below the established grade of a
31    street, highway or other public  way  upon  which  such  land
32    abuts, or if there is no established grade, below the surface
33    of the adjoining land.
34        5.  (Blank).   If  the excavation is intended to be or is
 
HB0396 Engrossed            -3-                LRB9201878RCgc
 1    deeper than the  standard  depth  of  foundations  as  herein
 2    defined,  then  the owner of the land on which the excavation
 3    is being made, if given the necessary  license  to  enter  on
 4    adjoining  land,  and  not  otherwise, shall protect the said
 5    adjoining land and any building or other  structure  thereon,
 6    without  cost to the owner thereof, by furnishing lateral and
 7    subjacent support to said adjoining land  and  all  buildings
 8    and  structures  thereon,  in such a manner as to protect the
 9    same from any damage by reason of the excavation and shall be
10    liable to the owner of such property for any  damage  to  the
11    land or to any buildings or other structures thereon.
12        6.  The  owner  or  possessor  of the land upon which the
13    excavation is being made shall also be  liable  to  occupants
14    and tenants of such adjoining lands or structures thereon for
15    any   damage  to  their  property  or  business,  proximately
16    resulting from injury to such land or structures,  caused  by
17    the   failure  of  such  owners  or  possessor,  making  such
18    excavation, to fulfill the duty set forth in  subparagraph  1
19    5.
20    (Source: Laws 1957, p. 1102.)

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