Public Act 093-0925
 
SB2274 Enrolled LRB093 14937 LCB 40505 b

    AN ACT concerning property.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Sections 17-101, 17-105, 17-106, and 17-112 as
follows:
 
    (735 ILCS 5/17-101)  (from Ch. 110, par. 17-101)
    Sec. 17-101. Compelling partition. When lands, tenements,
or hereditaments are held in joint tenancy or tenancy in common
or other form of co-ownership and regardless of , whether such
right or title is derived by purchase, legacy or descent, or
whether any or all of the claimants are minors or adults, any
one or more of the persons interested therein may compel a
partition thereof by a verified complaint in the circuit court
of the county where the premises or part of the premises are
situated. If lands, tenements or hereditaments held in joint
tenancy or tenancy in common are situated in 2 or more
counties, the venue may be in any one of such counties, and the
circuit court of any such county first acquiring jurisdiction
shall retain sole and exclusive jurisdiction. Ownership of an
interest in the surface of lands, tenements, or hereditaments
by a co-owner of an interest in minerals underlying the surface
does not prevent partition of the mineral estate. This
amendatory Act of the 92nd General Assembly is a declaration of
existing law and is intended to remove any possible conflicts
or ambiguities, thereby confirming existing law pertinent to
the partition of interests in minerals and applies to all
actions for the partition of minerals now pending or filed on
or after the effective date of this amendatory Act of the 92nd
General Assembly. Nothing in this amendatory Act of the 92nd
General Assembly shall be construed as allowing an owner of a
mineral interest in coal to mine and remove the coal by the
surface method of mining without first obtaining the consent of
all of the owners of the surface to the mining and removal of
coal by the surface method of mining. Ownership of an interest
in minerals by a co-owner of an interest in the surface does
not prevent partition of the surface. The ownership of an
interest in some, but not all, of the mineral estate by a
co-owner of an interest in other minerals does not prevent the
partition of the co-owned mineral estate.
(Source: P.A. 92-379, eff. 8-16-01.)
 
    (735 ILCS 5/17-105)  (from Ch. 110, par. 17-105)
    Sec. 17-105. Judgment. The court shall ascertain and
declare the rights, titles and interest of all the parties in
such action, the plaintiffs as well as the defendants, and
shall enter judgment according to the rights of the parties.
After entry of judgment adjudicating the rights, titles, and
interests of the parties, the court upon further hearing shall
determine whether or not the premises or any part thereof can
be divided among the parties without manifest prejudice to the
parties in interest. If the court finds that a division can be
made, then the court shall enter further judgment fairly and
impartially dividing the premises among the parties with or
without owelty. If the court finds that the whole or any part
of the premises sought to be partitioned cannot be divided
without manifest prejudice to the owners thereof, then the
court shall order the premises not susceptible of division to
be sold at public sale in such manner and upon such terms and
notice of sale as the court directs. If the court orders the
sale of the premises or any part thereof, the court shall fix
the value of the premises to be sold. No sale may be approved
for less than two-thirds of the total amount of the valuation
of the premises to be sold. If it appears to the court that any
of the premises will not sell for two-thirds of the amount of
the valuation thereof, the court upon further hearing may
either revalue the premise and approve the sale or order a new
sale.
(Source: P.A. 82-280.)
 
    (735 ILCS 5/17-106)  (from Ch. 110, par. 17-106)
    Sec. 17-106. Appointment of commissioner and surveyor.
Appointment of Commissioners. The court in its discretion, sua
sponte, or on the motion of any interested party, may appoint a
disinterested commissioner who, subject to direction by the
court, shall report to the court in writing under oath as to
whether or not the premises are subject to division without
manifest prejudice to the rights of the parties and, if so,
report how the division may be made. The court may authorize
the employment of a surveyor to carry out or assist in the
division of the premises. The fees and expenses of the
commissioner and of the surveyor and the person making the sale
shall be taxed as costs in the proceedings. When the court
orders a partition of any premises to be made, it shall appoint
3 commissioners, not connected with any of the parties, either
by consanguinity or affinity, and entirely disinterested, to
make partition of the premises, and such commissioners shall be
allowed a reasonable sum for their services and expenses, to be
fixed by the court, and taxed in the bill of costs.
    The Court may in its discretion appoint one commissioner
who shall have all the rights and powers and be under the same
obligations as set forth in Article XVII of this Act whenever 3
commissioners are appointed.
(Source: P.A. 82-280.)
 
    (735 ILCS 5/17-112)  (from Ch. 110, par. 17-112)
    Sec. 17-112. Homestead. If any party to the action is
entitled to an estate of homestead in the premises, or any part
thereof, and the homestead has not been set off, the homestead
may be set off by the court commissioners; and if the court so
directs, the premises so allotted or set off may be partitioned
among the claimants, subject thereto.
(Source: P.A. 82-280.)
 
    (735 ILCS 5/17-107 rep.)
    (735 ILCS 5/17-108 rep.)
    (735 ILCS 5/17-109 rep.)  (from Ch. 110, par. 17-109)
    (735 ILCS 5/17-110 rep.)  (from Ch. 110, par. 17-110)
    (735 ILCS 5/17-111 rep.)  (from Ch. 110, par. 17-111)
    (735 ILCS 5/17-116 rep.)  (from Ch. 110, par. 17-116)
    (735 ILCS 5/17-117 rep.)  (from Ch. 110, par. 17-117)
    Section 10. The Code of Civil Procedure is amended by
repealing Sections 17-107, 17-108, 17-109, 17-110, 17-111,
17-116, and 17-117.
 
    (765 ILCS 535/Act rep.)
    Section 15. The Oil and Gas Lease Release Act is repealed.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.