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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 or6other structure on the adjoining land shall be allowed a7reasonable time, but in no event less than thirty (30) days,8in which to take measures to protect the same from any damage9or in which to extend the foundations thereof, and he must be10given, for the said purpose, a license to enter on the land11on 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 isHB0396 Engrossed -3- LRB9201878RCgc 1deeper than the standard depth of foundations as herein2defined, then the owner of the land on which the excavation3is being made, if given the necessary license to enter on4adjoining land, and not otherwise, shall protect the said5adjoining land and any building or other structure thereon,6without cost to the owner thereof, by furnishing lateral and7subjacent support to said adjoining land and all buildings8and structures thereon, in such a manner as to protect the9same from any damage by reason of the excavation and shall be10liable to the owner of such property for any damage to the11land 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 1 195. 20 (Source: Laws 1957, p. 1102.)