State of Illinois
92nd General Assembly
Legislation

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92_HB2086

 
                                               LRB9206054DJmb

 1        AN ACT in relation to civil procedure.

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

 4        Section 5.  The Code of Civil  Procedure  is  amended  by
 5    changing Section 9-316 as follows:

 6        (735 ILCS 5/9-316) (from Ch. 110, par. 9-316)
 7        (Text of Section before amendment by P.A. 91-893)
 8        Sec.  9-316.   Lien  on  upon crops. Every landlord shall
 9    have a lien upon the crops grown or growing upon the  demised
10    premises  for  the  rent thereof, whether the same is payable
11    wholly or in part in money or specific articles  of  property
12    or  products  of  the  premises,  or  labor, and also for the
13    faithful performance of the terms of  the  lease.  Such  lien
14    shall   continue  for  the  period  of  6  months  after  the
15    expiration of the term for which the  premises  are  demised,
16    and  may  be  enforced  by distraint as provided in Part 3 of
17    Article IX of this Act.
18        A good faith purchaser shall, however,  take  such  crops
19    free  of any landlord's lien unless, within 6 months prior to
20    the purchase, the landlord provides  written  notice  of  his
21    lien  to the purchaser by registered or certified mail.  Such
22    notice shall contain the names and addresses of the  landlord
23    and tenant, and clearly identify the leased property.
24        A  landlord  may  require  that,  prior  to  his tenant's
25    selling any crops grown on the demised premises,  the  tenant
26    disclose the name of the person to whom the tenant intends to
27    sell those crops.  Where such a requirement has been imposed,
28    the  tenant shall not sell the crops to any person other than
29    a person  who  has  been  disclosed  to  the  landlord  as  a
30    potential buyer of the crops.
31    (Source: P.A. 83-70.)
 
                            -2-                LRB9206054DJmb
 1        (Text of Section after amendment by P.A. 91-893)
 2        Sec.  9-316.   Lien  on  upon crops. Every landlord shall
 3    have a lien upon the crops grown or growing upon the  demised
 4    premises  for  the  rent thereof, whether the same is payable
 5    wholly or in part in money or specific articles  of  property
 6    or  products  of  the  premises,  or  labor, and also for the
 7    faithful performance of the terms of  the  lease.  Such  lien
 8    shall   continue  for  the  period  of  6  months  after  the
 9    expiration of the term for which the  premises  are  demised,
10    and  may  be  enforced  by distraint as provided in Part 3 of
11    Article IX of this Act.
12        A good faith purchaser shall, however,  take  such  crops
13    free  of any landlord's lien unless, within 6 months prior to
14    the purchase, the landlord provides  written  notice  of  his
15    lien  to the purchaser by registered or certified mail.  Such
16    notice shall contain the names and addresses of the  landlord
17    and tenant, and clearly identify the leased property.
18        A  landlord  may  require  that,  prior  to  his tenant's
19    selling any crops grown on the demised premises,  the  tenant
20    disclose the name of the person to whom the tenant intends to
21    sell those crops.  Where such a requirement has been imposed,
22    the  tenant shall not sell the crops to any person other than
23    a person  who  has  been  disclosed  to  the  landlord  as  a
24    potential buyer of the crops.
25        A  lien  arising  under  this  Section and duly perfected
26    under Article 9 of the Uniform  Commercial  Code  shall  have
27    priority  over any other agricultural lien as defined in, and
28    over any  security  interest  arising  under,  provisions  of
29    Article 9 of the Uniform Commercial Code.
30    (Source: P.A. 91-893, eff. 7-1-01.)

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