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92_HB0512eng
HB0512 Engrossed LRB9201435RCgc
1 AN ACT concerning mineral rights.
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 17-101 as follows:
6 (735 ILCS 5/17-101) (from Ch. 110, par. 17-101)
7 Sec. 17-101. Compelling partition. When lands,
8 tenements, or hereditaments are held in joint tenancy or
9 tenancy in common, whether such right or title is derived by
10 purchase, legacy or descent, or whether any or all of the
11 claimants are minors or adults, any one or more of the
12 persons interested therein may compel a partition thereof by
13 a verified complaint in the circuit court of the county where
14 the premises or part of the premises are situated. If lands,
15 tenements or hereditaments held in joint tenancy or tenancy
16 in common are situated in 2 or more counties, the venue may
17 be in any one of such counties, and the circuit court of any
18 such county first acquiring jurisdiction shall retain sole
19 and exclusive jurisdiction. Ownership of an interest in the
20 surface of lands, tenements, or hereditaments by a co-owner
21 of an interest in minerals underlying the surface does not
22 prevent partition of the mineral estate. This amendatory Act
23 of the 92nd General Assembly is a declaration of existing law
24 and is intended to remove any possible conflicts or
25 ambiguities, thereby confirming existing law pertinent to the
26 partition of interests in minerals and applies to all actions
27 for the partition of minerals now pending or filed on or
28 after the effective date of this amendatory Act of the 92nd
29 General Assembly.
30 (Source: P.A. 82-280.)
HB0512 Engrossed -2- LRB9201435RCgc
1 Section 10. The Mineral Lease Release of Record Act is
2 amended by changing Sections 1 and 2 as follows:
3 (765 ILCS 510/1) (from Ch. 96 1/2, par. 4401)
4 Sec. 1. When any lease on land heretofore or hereafter
5 taken for the purpose of prospecting for or mining or
6 producing coal, oil, gas, or other minerals mineral, or for
7 the purpose of mining the coal or other mineral from said
8 land, so leased, shall terminate become forfeited by the
9 terms of the said lease or the acts or omissions of the said
10 lessee, his, her, or their heirs, representatives, successors
11 or assigns, it shall be the duty of said lessee, his, her or
12 their heirs, representatives, successors or assigns, within
13 60 days from the date of termination of the lease within
14 sixty days from the time this act shall take effect, if such
15 forfeiture take effect prior thereto, and within sixty days
16 from the date of forfeiture of any and all other leases, to
17 have such lease or leases, released of record in the county
18 where such land is situate, without any cost to the owner or
19 owners of the land; and any failure so to do after notice and
20 demand, shall constitute a petty offense.
21 (Source: P.A. 77-2719.)
22 (765 ILCS 510/2) (from Ch. 96 1/2, par. 4402)
23 Sec. 2. Whenever the lessee of any coal, oil, gas, or
24 other mineral lease shall terminate and the lessee, his, her,
25 or their heirs, representatives, successors, or assigns
26 lands, or the person, firm, company or corporation, owning,
27 holding or having control of any such lease shall allow the
28 same to become forfeited, or by his, her or their acts shall
29 forfeit the same, and shall refuse, fail or neglect to cause
30 the same to be released of record in the county where such
31 lands are located situate, the lessor or owner of the lands
32 may begin and maintain a civil action for a judgment that the
HB0512 Engrossed -3- LRB9201435RCgc
1 lease has terminated. The recording of a judgment of
2 termination in the office of the recorder of the county
3 wherein are located the lands covered by such terminated
4 lease shall constitute a release of the lease. Upon judgment
5 being rendered that a lease has terminated and that the
6 lessee, his, her or their heirs, representatives, successors,
7 or assigns has not released the same of record within 60 days
8 after notice and demand, the court shall enter judgment
9 against all such persons who shall have failed to release
10 such lease of record for all court costs, litigation
11 expenses, and attorney's fees reasonably incurred by the
12 lessor or owner of the lands or minerals in obtaining the
13 judgment of termination. to compel the party to release the
14 same of record and upon judgment being rendered ordering the
15 lease forfeited and directing the release, the lessee, or the
16 person, firm, company or corporation owning, holding or
17 controlling the lease, shall be ordered to pay all costs
18 accruing by the action, including a reasonable attorney's fee
19 to be taxed as cost.
20 (Source: P.A. 84-1308.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.
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