Bill Text: IL HB3677 | 2019-2020 | 101st General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Uniform Partition of Heirs Property Act. Defines terms. Provides for: applicability; relation to other law; service; notice by posting; commissioners; determination of value; cotenant buyout; partition alternatives; considerations for partition in kind; open-market sale, sealed bids, or auction; and report of open-market sale. Makes conforming changes in the Code of Civil Procedure. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0520 [HB3677 Detail]
Download: Illinois-2019-HB3677-Introduced.html
Bill Title: Creates the Uniform Partition of Heirs Property Act. Defines terms. Provides for: applicability; relation to other law; service; notice by posting; commissioners; determination of value; cotenant buyout; partition alternatives; considerations for partition in kind; open-market sale, sealed bids, or auction; and report of open-market sale. Makes conforming changes in the Code of Civil Procedure. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0520 [HB3677 Detail]
Download: Illinois-2019-HB3677-Introduced.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||||||||||
5 | Uniform Partition of Heirs Property Act.
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6 | Section 2. Definitions. In this Act: | |||||||||||||||||||||||||||
7 | (1) "Ascendant" means an individual who precedes another | |||||||||||||||||||||||||||
8 | individual in lineage, in the direct line of ascent from the | |||||||||||||||||||||||||||
9 | other individual. | |||||||||||||||||||||||||||
10 | (2) "Collateral" means an individual who is related to | |||||||||||||||||||||||||||
11 | another individual under the law of intestate succession of | |||||||||||||||||||||||||||
12 | this State but who is not the other individual's ascendant or | |||||||||||||||||||||||||||
13 | descendant. | |||||||||||||||||||||||||||
14 | (3) "Descendant" means an individual who follows another | |||||||||||||||||||||||||||
15 | individual in lineage, in the direct line of descent from the | |||||||||||||||||||||||||||
16 | other individual. | |||||||||||||||||||||||||||
17 | (4) "Determination of value" means a court order | |||||||||||||||||||||||||||
18 | determining the fair market value of heirs property under | |||||||||||||||||||||||||||
19 | Section 6 or 10 or adopting the valuation of the property | |||||||||||||||||||||||||||
20 | agreed to by all cotenants. | |||||||||||||||||||||||||||
21 | (5) "Heirs property" means real property held in tenancy in | |||||||||||||||||||||||||||
22 | common which satisfies all of the following requirements as of | |||||||||||||||||||||||||||
23 | the filing of a partition action: |
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1 | (A) there is no agreement in a record binding all the | ||||||
2 | cotenants which governs the partition of the property; | ||||||
3 | (B) one or more of the cotenants acquired title from a | ||||||
4 | relative, whether living or deceased; and | ||||||
5 | (C) Any of the following applies: | ||||||
6 | (i) 20 percent or more of the interests are held by | ||||||
7 | cotenants who are relatives; | ||||||
8 | (ii) 20 percent or more of the interests are held | ||||||
9 | by an individual who acquired title from a relative, | ||||||
10 | whether living or deceased; or | ||||||
11 | (iii) 20 percent or more of the cotenants are | ||||||
12 | relatives. | ||||||
13 | (6) "Partition by sale" means a court-ordered sale of the | ||||||
14 | entire heirs property, whether by auction, sealed bids, or | ||||||
15 | open-market sale conducted under Section 10. | ||||||
16 | (7) "Partition in kind" means the division of heirs | ||||||
17 | property into physically distinct and separately titled | ||||||
18 | parcels. | ||||||
19 | (8) "Record" means information that is inscribed on a | ||||||
20 | tangible medium or that is stored in an electronic or other | ||||||
21 | medium and is retrievable in perceivable form. | ||||||
22 | (9) "Relative" means an ascendant, descendant, or | ||||||
23 | collateral or an individual otherwise related to another | ||||||
24 | individual by blood, marriage, adoption, or law of this State | ||||||
25 | other than this Act.
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1 | Section 3. Applicability; relation to other law. | ||||||
2 | (a) This Act applies to partition actions filed on or after | ||||||
3 | the effective date of this Act. | ||||||
4 | (b) In an action to partition real property under Article | ||||||
5 | XVII of the Code of Civil Procedure the court shall determine | ||||||
6 | whether the property is heirs property. If the court determines | ||||||
7 | that the property is heirs property, the property must be | ||||||
8 | partitioned under this Act unless all of the cotenants | ||||||
9 | otherwise agree in a record. | ||||||
10 | (c) This Act supplements Article XVII of the Code of Civil | ||||||
11 | Procedure and, if an action is governed by this Act, replaces | ||||||
12 | provisions of Article XVII of the Code of Civil Procedure that | ||||||
13 | are inconsistent with this Act.
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14 | Section 4. Service; notice by posting. | ||||||
15 | (a) This Act does not limit or affect the method by which | ||||||
16 | service of a complaint in a partition action may be made. | ||||||
17 | (b) If the plaintiff in a partition action seeks an order | ||||||
18 | of notice by publication and the court determines that the | ||||||
19 | property may be heirs property, the plaintiff, not later than | ||||||
20 | 10 days after the court's determination, shall post and | ||||||
21 | maintain while the action is pending a conspicuous sign on the | ||||||
22 | property that is the subject of the action. The sign must state | ||||||
23 | that the action has commenced and identify the name and address | ||||||
24 | of the court and the common designation by which the property | ||||||
25 | is known. The court may require the plaintiff to publish on the |
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1 | sign the name of the plaintiff and the known defendants.
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2 | Section 5. Commissioners. If the court appoints | ||||||
3 | commissioners pursuant to Article XVII of the Code of Civil | ||||||
4 | Procedure, each commissioner, in addition to the requirements | ||||||
5 | and disqualifications applicable to commissioners in Article | ||||||
6 | XVII of the Code of Civil Procedure, must be disinterested and | ||||||
7 | impartial and not a party to or a participant in the action.
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8 | Section 6. Determination of value. | ||||||
9 | (a) Except as otherwise provided in subsections (b) and | ||||||
10 | (c), if the court determines that the property that is the | ||||||
11 | subject of a partition action is heirs property, the court | ||||||
12 | shall determine the fair market value of the property by | ||||||
13 | ordering an appraisal pursuant to subsection (d). | ||||||
14 | (b) If all cotenants have agreed to the value of the | ||||||
15 | property or to another method of valuation, the court shall | ||||||
16 | adopt that value or the value produced by the agreed method of | ||||||
17 | valuation. | ||||||
18 | (c) If the court determines that the evidentiary value of | ||||||
19 | an appraisal is outweighed by the cost of the appraisal, the | ||||||
20 | court, after an evidentiary hearing, shall determine the fair | ||||||
21 | market value of the property and send notice to the parties of | ||||||
22 | the value. | ||||||
23 | (d) If the court orders an appraisal, the court shall | ||||||
24 | appoint a disinterested real estate appraiser licensed in this |
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1 | State to determine the fair market value of the property | ||||||
2 | assuming sole ownership of the fee simple estate. On completion | ||||||
3 | of the appraisal, the appraiser shall file a sworn or verified | ||||||
4 | appraisal with the court. | ||||||
5 | (e) If an appraisal is conducted pursuant to subsection | ||||||
6 | (d), not later than 10 days after the appraisal is filed, the | ||||||
7 | court shall send notice to each party with a known address, | ||||||
8 | stating: | ||||||
9 | (1) the appraised fair market value of the property; | ||||||
10 | (2) that the appraisal is available at the clerk's | ||||||
11 | office; and | ||||||
12 | (3) that a party may file with the court an objection | ||||||
13 | to the appraisal not later than 30 days after the notice is | ||||||
14 | sent, stating the grounds for the objection. | ||||||
15 | (f) If an appraisal is filed with the court pursuant to | ||||||
16 | subsection (d), the court shall conduct a hearing to determine | ||||||
17 | the fair market value of the property not sooner than 30 days | ||||||
18 | after a copy of the notice of the appraisal is sent to each | ||||||
19 | party under subsection (e), whether or not an objection to the | ||||||
20 | appraisal is filed under subsection (e)(3). In addition to the | ||||||
21 | court-ordered appraisal, the court may consider any other | ||||||
22 | evidence of value offered by a party. | ||||||
23 | (g) After a hearing under subsection (f), but before | ||||||
24 | considering the merits of the partition action, the court shall | ||||||
25 | determine the fair market value of the property and send notice | ||||||
26 | to the parties of the value.
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1 | Section 7. Cotenant buyout. | ||||||
2 | (a) If any cotenant requested partition by sale, after the | ||||||
3 | determination of value under Section 6, the court shall send | ||||||
4 | notice to the parties that any cotenant except a cotenant that | ||||||
5 | requested partition by sale may buy all the interests of the | ||||||
6 | cotenants that requested partition by sale. (b) Not later | ||||||
7 | than 45 days after the notice is sent under subsection (a), any | ||||||
8 | cotenant except a cotenant that requested partition by sale may | ||||||
9 | give notice to the court that it elects to buy all the | ||||||
10 | interests of the cotenants that requested partition by sale. | ||||||
11 | (c) The purchase price for each of the interests of a | ||||||
12 | cotenant that requested partition by sale is the value of the | ||||||
13 | entire parcel determined under Section 6 multiplied by the | ||||||
14 | cotenant's fractional ownership of the entire parcel. | ||||||
15 | (d) After expiration of the period in subsection (b), the | ||||||
16 | following rules apply: | ||||||
17 | (1) If only one cotenant elects to buy all the | ||||||
18 | interests of the cotenants that requested partition by | ||||||
19 | sale, the court shall notify all the parties of that fact. | ||||||
20 | (2) If more than one cotenant elects to buy all the | ||||||
21 | interests of the cotenants that requested partition by | ||||||
22 | sale, the court shall allocate the right to buy those | ||||||
23 | interests among the electing cotenants based on each | ||||||
24 | electing cotenant's existing fractional ownership of the | ||||||
25 | entire parcel divided by the total existing fractional |
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1 | ownership of all cotenants electing to buy and send notice | ||||||
2 | to all the parties of that fact and of the price to be paid | ||||||
3 | by each electing cotenant. | ||||||
4 | (3) If no cotenant elects to buy all the interests of | ||||||
5 | the cotenants that requested partition by sale, the court | ||||||
6 | shall send notice to all the parties of that fact and | ||||||
7 | resolve the partition action under Section 8(a) and (b). | ||||||
8 | (e) If the court sends notice to the parties under | ||||||
9 | subsection (d)(1) or (2), the court shall set a date, not | ||||||
10 | sooner than 60 days after the date the notice was sent, by | ||||||
11 | which electing cotenants must pay their apportioned price into | ||||||
12 | the court. After this date, the following rules apply: | ||||||
13 | (1) If all electing cotenants timely pay their | ||||||
14 | apportioned price into court, the court shall issue an | ||||||
15 | order reallocating all the interests of the cotenants and | ||||||
16 | disburse the amounts held by the court to the persons | ||||||
17 | entitled to them. | ||||||
18 | (2) If no electing cotenant timely pays its apportioned | ||||||
19 | price, the court shall resolve the partition action under | ||||||
20 | Section 8(a) and (b) as if the interests of the cotenants | ||||||
21 | that requested partition by sale were not purchased. | ||||||
22 | (3) If one or more but not all of the electing | ||||||
23 | cotenants fail to pay their apportioned price on time, the | ||||||
24 | court, on motion, shall give notice to the electing | ||||||
25 | cotenants that paid their apportioned price of the interest | ||||||
26 | remaining and the price for all that interest. |
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1 | (f) Not later than 20 days after the court gives notice | ||||||
2 | pursuant to subsection (e)(3), any cotenant that paid may elect | ||||||
3 | to purchase all of the remaining interest by paying the entire | ||||||
4 | price into the court. After the 20-day period, the following | ||||||
5 | rules apply: | ||||||
6 | (1) If only one cotenant pays the entire price for the | ||||||
7 | remaining interest, the court shall issue an order | ||||||
8 | reallocating the remaining interest to that cotenant. The | ||||||
9 | court shall issue promptly an order reallocating the | ||||||
10 | interests of all of the cotenants and disburse the amounts | ||||||
11 | held by it to the persons entitled to them. | ||||||
12 | (2) If no cotenant pays the entire price for the | ||||||
13 | remaining interest, the court shall resolve the partition | ||||||
14 | action under Section 8(a) and (b) as if the interests of | ||||||
15 | the cotenants that requested partition by sale were not | ||||||
16 | purchased. | ||||||
17 | (3) If more than one cotenant pays the entire price for | ||||||
18 | the remaining interest, the court shall reapportion the | ||||||
19 | remaining interest among those paying cotenants, based on | ||||||
20 | each paying cotenant's original fractional ownership of | ||||||
21 | the entire parcel divided by the total original fractional | ||||||
22 | ownership of all cotenants that paid the entire price for | ||||||
23 | the remaining interest. The court shall issue promptly an | ||||||
24 | order reallocating all of the cotenants' interests, | ||||||
25 | disburse the amounts held by it to the persons entitled to | ||||||
26 | them, and promptly refund any excess payment held by the |
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1 | court. | ||||||
2 | (g) Not later than 45 days after the court sends notice to | ||||||
3 | the parties pursuant to subsection (a), any cotenant entitled | ||||||
4 | to buy an interest under this section may request the court to | ||||||
5 | authorize the sale as part of the pending action of the | ||||||
6 | interests of cotenants named as defendants and served with the | ||||||
7 | complaint but that did not appear in the action. | ||||||
8 | (h) If the court receives a timely request under subsection | ||||||
9 | (g), the court, after hearing, may deny the request or | ||||||
10 | authorize the requested additional sale on such terms as the | ||||||
11 | court determines are fair and reasonable, subject to the | ||||||
12 | following limitations: | ||||||
13 | (1) a sale authorized under this subsection may occur | ||||||
14 | only after the purchase prices for all interests subject to | ||||||
15 | sale under subsections (a) through (f) have been paid into | ||||||
16 | court and those interests have been reallocated among the | ||||||
17 | cotenants as provided in those subsections; and | ||||||
18 | (2) the purchase price for the interest of a | ||||||
19 | nonappearing cotenant is based on the court's | ||||||
20 | determination of value under Section 6.
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21 | Section 8. Partition alternatives. | ||||||
22 | (a) If all the interests of all cotenants that requested | ||||||
23 | partition by sale are not purchased by other cotenants pursuant | ||||||
24 | to Section 7, or if after conclusion of the buyout under | ||||||
25 | Section 7, a cotenant remains that has requested partition in |
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1 | kind, the court shall order partition in kind unless the court, | ||||||
2 | after consideration of the factors listed in Section 9, finds | ||||||
3 | that partition in kind will result in manifest prejudice to the | ||||||
4 | cotenants as a group. In considering whether to order partition | ||||||
5 | in kind, the court shall approve a request by two or more | ||||||
6 | parties to have their individual interests aggregated. | ||||||
7 | (b) If the court does not order partition in kind under | ||||||
8 | subsection (a), the court shall order partition by sale | ||||||
9 | pursuant to Section 10 or, if no cotenant requested partition | ||||||
10 | by sale, the court shall dismiss the action. | ||||||
11 | (c) If the court orders partition in kind pursuant to | ||||||
12 | subsection (a), the court may require that one or more | ||||||
13 | cotenants pay one or more other cotenants amounts so that the | ||||||
14 | payments, taken together with the value of the in-kind | ||||||
15 | distributions to the cotenants, will make the partition in kind | ||||||
16 | just and proportionate in value to the fractional interests | ||||||
17 | held.
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18 | Section 9. Consideration for partition in kind. | ||||||
19 | (a) In determining under Section 8(a) whether partition in | ||||||
20 | kind would result in manifest prejudice to the cotenants as a | ||||||
21 | group, the court shall consider the following: | ||||||
22 | (1) whether the heirs property practicably can be | ||||||
23 | divided among the cotenants; | ||||||
24 | (2) whether partition in kind would apportion the | ||||||
25 | property in such a way that the aggregate fair market value |
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1 | of the parcels resulting from the division would be | ||||||
2 | materially less than the value of the property if it were | ||||||
3 | sold as a whole, taking into account the condition under | ||||||
4 | which a court-ordered sale likely would occur; | ||||||
5 | (3) evidence of the collective duration of ownership or | ||||||
6 | possession of the property by a cotenant and one or more | ||||||
7 | predecessors in title or predecessors in possession to the | ||||||
8 | cotenant who are or were relatives of the cotenant or each | ||||||
9 | other; | ||||||
10 | (4) a cotenant's sentimental attachment to the | ||||||
11 | property, including any attachment arising because the | ||||||
12 | property has ancestral or other unique or special value to | ||||||
13 | the cotenant; | ||||||
14 | (5) the lawful use being made of the property by a | ||||||
15 | cotenant and the degree to which the cotenant would be | ||||||
16 | harmed if the cotenant could not continue the same use of | ||||||
17 | the property; | ||||||
18 | (6) the degree to which the cotenants have contributed | ||||||
19 | their pro rata share of the property taxes, insurance, and | ||||||
20 | other expenses associated with maintaining ownership of | ||||||
21 | the property or have contributed to the physical | ||||||
22 | improvement, maintenance, or upkeep of the property; and | ||||||
23 | (7) any other relevant factor. | ||||||
24 | (b) The court may not consider any one factor in subsection | ||||||
25 | (a) to be dispositive without weighing the totality of all | ||||||
26 | relevant factors and circumstances.
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1 | Section 10. Open-market sale, sealed bids, or auction. | ||||||
2 | (a) If the court orders a sale of heirs property, the sale | ||||||
3 | must be an open-market sale unless the court finds that a sale | ||||||
4 | by sealed bids or an auction would be more economically | ||||||
5 | advantageous and in the best interest of the cotenants as a | ||||||
6 | group. | ||||||
7 | (b) If the court orders an open-market sale and the | ||||||
8 | parties, not later than 10 days after the entry of the order, | ||||||
9 | agree on a real estate broker licensed in this State to offer | ||||||
10 | the property for sale, the court shall appoint the broker and | ||||||
11 | establish a reasonable commission. If the parties do not agree | ||||||
12 | on a broker, the court shall appoint a disinterested real | ||||||
13 | estate broker licensed in this State to offer the property for | ||||||
14 | sale and shall establish a reasonable commission. The broker | ||||||
15 | shall offer the property for sale in a commercially reasonable | ||||||
16 | manner at a price no lower than the determination of value and | ||||||
17 | on the terms and conditions established by the court. | ||||||
18 | (c) If the broker appointed under subsection (b) obtains | ||||||
19 | within a reasonable time an offer to purchase the property for | ||||||
20 | at least the determination of value: | ||||||
21 | (1) the broker shall comply with the reporting | ||||||
22 | requirements in Section 11; and | ||||||
23 | (2) the sale may be completed in accordance with state | ||||||
24 | law other than this Act. | ||||||
25 | (d) If the broker appointed under subsection (b) does not |
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1 | obtain within a reasonable time an offer to purchase the | ||||||
2 | property for at least the determination of value, the court, | ||||||
3 | after hearing, may: | ||||||
4 | (1) approve the highest outstanding offer, if any; | ||||||
5 | (2) redetermine the value of the property and order | ||||||
6 | that the property continue to be offered for an additional | ||||||
7 | time; or | ||||||
8 | (3) order that the property be sold by sealed bids or | ||||||
9 | at an auction. | ||||||
10 | (e) If the court orders a sale by sealed bids or an | ||||||
11 | auction, the court shall set terms and conditions of the sale. | ||||||
12 | If the court orders an auction, the auction must be conducted | ||||||
13 | under Article XVII of the Code of Civil Procedure. | ||||||
14 | (f) If a purchaser is entitled to a share of the proceeds | ||||||
15 | of the sale, the purchaser is entitled to a credit against the | ||||||
16 | price in an amount equal to the purchaser's share of the | ||||||
17 | proceeds.
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18 | Section 11. Report of open-market sale. | ||||||
19 | (a) Unless required to do so within a shorter time by | ||||||
20 | Article XVII of the Code of Civil Procedure, a broker appointed | ||||||
21 | under Section 10(b) to offer heirs property for open-market | ||||||
22 | sale shall file a report with the court not later than seven | ||||||
23 | days after receiving an offer to purchase the property for at | ||||||
24 | least the value determined under Section 6 or 10. | ||||||
25 | (b) The report required by subsection (a) must contain the |
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1 | following information: | ||||||
2 | (1) a description of the property to be sold to each | ||||||
3 | buyer; | ||||||
4 | (2) the name of each buyer; | ||||||
5 | (3) the proposed purchase price; | ||||||
6 | (4) the terms and conditions of the proposed sale, | ||||||
7 | including the terms of any owner financing; | ||||||
8 | (5) the amounts to be paid to lienholders; | ||||||
9 | (6) a statement of contractual or other arrangements or | ||||||
10 | conditions of the broker's commission; and | ||||||
11 | (7) other material facts relevant to the sale.
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12 | Section 700. The Code of Civil Procedure is amended by | ||||||
13 | changing Sections 17-101, 17-102, 17-105, and 17-106 as | ||||||
14 | follows:
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15 | (735 ILCS 5/17-101) (from Ch. 110, par. 17-101)
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16 | Sec. 17-101. Compelling partition. When lands, tenements, | ||||||
17 | or hereditaments
are held in joint
tenancy or tenancy in | ||||||
18 | common , other than in accordance with the Uniform Partition of | ||||||
19 | Heirs Property Act, or other form of co-ownership and | ||||||
20 | regardless of whether any or all of the claimants are
minors or | ||||||
21 | adults, any one or more of the persons interested therein
may | ||||||
22 | compel a partition thereof by a verified complaint in the | ||||||
23 | circuit court of
the
county where the premises or part of the | ||||||
24 | premises are situated.
If lands, tenements or hereditaments |
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1 | held in joint tenancy or tenancy in
common are situated in 2 or | ||||||
2 | more counties, the venue may be in any one
of such counties, | ||||||
3 | and the circuit court of any such county first
acquiring | ||||||
4 | jurisdiction shall retain sole and exclusive jurisdiction.
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5 | Ownership of an interest in the surface of lands, tenements, or
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6 | hereditaments by a co-owner of an interest in minerals | ||||||
7 | underlying
the surface does not prevent partition of the | ||||||
8 | mineral estate.
This amendatory Act of the 92nd General | ||||||
9 | Assembly is a declaration
of existing law and is intended to | ||||||
10 | remove any possible conflicts or
ambiguities, thereby | ||||||
11 | confirming existing law pertinent to the
partition of interests | ||||||
12 | in minerals and applies to all actions for the
partition of | ||||||
13 | minerals now pending or filed on or after the effective
date of | ||||||
14 | this amendatory Act of the 92nd General Assembly.
Nothing in | ||||||
15 | this amendatory Act of the 92nd General Assembly shall be
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16 | construed as allowing an owner of a mineral interest in coal to | ||||||
17 | mine and
remove the coal by the surface method of mining | ||||||
18 | without first obtaining the
consent of all of the owners of the | ||||||
19 | surface to the mining and removal of coal
by the
surface method | ||||||
20 | of mining. Ownership of an interest in minerals by a co-owner | ||||||
21 | of an interest in the surface does not prevent partition of the | ||||||
22 | surface. The ownership of an interest in some, but not all, of | ||||||
23 | the mineral estate by a co-owner of an interest in other | ||||||
24 | minerals does not prevent the partition of the co-owned mineral | ||||||
25 | estate.
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26 | (Source: P.A. 92-379, eff. 8-16-01; 93-925, eff. 8-12-04.)
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1 | (735 ILCS 5/17-102) (from Ch. 110, par. 17-102)
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2 | Sec. 17-102. Complaint. The verified complaint shall | ||||||
3 | particularly describe the premises sought to be
divided, and | ||||||
4 | shall set forth the interests of all parties interested
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5 | therein, so far as the same are known to the plaintiffs, | ||||||
6 | including
tenants for years or for life, and of all persons | ||||||
7 | entitled to the
reversion, remainder or inheritance, and of | ||||||
8 | every person who, upon any
contingency, may be or become | ||||||
9 | entitled to any beneficial interest in the
premises, so far as | ||||||
10 | the same are known to the plaintiffs, and shall ask
for the | ||||||
11 | division and partition of the premises according to the
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12 | respective rights of the parties interested therein, or , in | ||||||
13 | accordance with the Uniform Partition of Heirs Property Act if | ||||||
14 | a division
and partition of the same cannot be made without | ||||||
15 | manifest prejudice to
the owners, that a sale thereof be made | ||||||
16 | and the proceeds divided
according to the respective rights of | ||||||
17 | the parties .
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18 | (Source: P.A. 82-280.)
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19 | (735 ILCS 5/17-105) (from Ch. 110, par. 17-105)
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20 | Sec. 17-105. Judgment. The court shall ascertain and | ||||||
21 | declare the rights, titles and
interest of all the parties in | ||||||
22 | such action, the plaintiffs as well as the
defendants, and | ||||||
23 | shall enter judgment according to the rights of the
parties. | ||||||
24 | After entry of judgment adjudicating the rights, titles, and |
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1 | interests of the parties, the court upon further hearing shall | ||||||
2 | determine whether or not the premises or any part thereof can | ||||||
3 | be divided among the parties without manifest prejudice to the | ||||||
4 | parties in interest. If the court finds that a division can be | ||||||
5 | made, then the court shall enter further judgment fairly and | ||||||
6 | impartially dividing the premises among the parties with or | ||||||
7 | without owelty. If the court finds that the whole or any part | ||||||
8 | of the premises sought to be partitioned cannot be divided | ||||||
9 | without manifest prejudice to the owners thereof and is not | ||||||
10 | governed by the Uniform Partition of Heirs Property Act , then | ||||||
11 | the court shall order the premises not susceptible of division | ||||||
12 | to be sold at public sale in such manner and upon such terms | ||||||
13 | and notice of sale as the court directs. If the court orders | ||||||
14 | the sale of the premises or any part thereof, the court shall | ||||||
15 | fix the value of the premises to be sold. No sale may be | ||||||
16 | approved for less than two-thirds of the total amount of the | ||||||
17 | valuation of the premises to be sold. If it appears to the | ||||||
18 | court that any of the premises will not sell for two-thirds of | ||||||
19 | the amount of the valuation thereof, the court upon further | ||||||
20 | hearing may either revalue the premise and approve the sale or | ||||||
21 | order a new sale.
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22 | (Source: P.A. 93-925, eff. 8-12-04.)
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23 | (735 ILCS 5/17-106) (from Ch. 110, par. 17-106)
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24 | Sec. 17-106. Appointment of commissioner and surveyor.
The | ||||||
25 | court in its discretion, sua sponte, or on the motion of any |
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1 | interested party, must may appoint a disinterested | ||||||
2 | commissioner who, subject to direction by the court, shall | ||||||
3 | report to the court in writing under oath as to whether or not | ||||||
4 | the premises are subject to division without manifest prejudice | ||||||
5 | to the rights of the parties and, if so, report how the | ||||||
6 | division may be made. The court may authorize the employment of | ||||||
7 | a surveyor to carry out or assist in the division of the | ||||||
8 | premises. The fees and expenses of the commissioner and of the | ||||||
9 | surveyor and the person making the sale shall be taxed as costs | ||||||
10 | in the proceedings.
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11 | (Source: P.A. 93-925, eff. 8-12-04.)
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12 | Section 999. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
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