97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0965
 
Introduced 01/31/11, by Rep. Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 
  
735 ILCS 5/17-101  from Ch. 110, par. 17-101

    Amends the Code of Civil Procedure.  Makes a technical change in a Section
concerning partition.



LRB097 03775 AJO 43812 b

 
 
A BILL FOR
 


HB0965LRB097 03775 AJO 43812 b



1    AN ACT concerning civil law.

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

 
4    Section 5. The Code of Civil Procedure is amended by 
5changing 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, tenements, 
8or hereditaments
are held in joint
tenancy or tenancy in common 
9or other form of co-ownership and
and regardless of whether any 
10or all of the claimants are
minors or adults, any one or more 
11of the persons interested therein
may compel a partition 
12thereof by a verified complaint in the circuit court of
the

13county where the premises or part of the premises are situated.

14If lands, tenements or hereditaments held in joint tenancy or 
15tenancy in
common are situated in 2 or more counties, the venue 
16may be in any one
of such counties, and the circuit court of 
17any such county first
acquiring jurisdiction shall retain sole 
18and exclusive jurisdiction.
Ownership of an interest in the 
19surface of lands, tenements, or
hereditaments by a co-owner of 
20an interest in minerals underlying
the surface does not prevent 
21partition of the mineral estate.
This amendatory Act of the 
2292nd General Assembly is a declaration
of existing law and is 
23intended to remove any possible conflicts or
ambiguities, 
 
 
HB0965- 2 -LRB097 03775 AJO 43812 b

1thereby confirming existing law pertinent to the
partition of 
2interests in minerals and applies to all actions for the

3partition of minerals now pending or filed on or after the 
4effective
date of this amendatory Act of the 92nd General 
5Assembly.
Nothing in this amendatory Act of the 92nd General 
6Assembly shall be
construed as allowing an owner of a mineral 
7interest in coal to mine and
remove the coal by the surface 
8method of mining without first obtaining the
consent of all of 
9the owners of the surface to the mining and removal of coal
by 
10the
surface method of mining. Ownership of an interest in 
11minerals by a co-owner of an interest in the surface does not 
12prevent partition of the surface.  The ownership of an interest 
13in some, but not all, of the mineral estate by a co-owner of an 
14interest in other minerals does not prevent the partition of 
15the co-owned mineral estate.

16(Source: P.A. 92-379, eff. 8-16-01; 93-925, eff. 8-12-04.)