Chapter 765 — PROPERTY

(765 ILCS 505/10) (from Ch. 96 1/2, par. 160) Sec. 10. When any such purchaser has not a usual place of business, he shall, within twenty-four hours from the time of making any such purchase, make return to the nearest smelter of lead ore to the place of procuring the same, stati…

(765 ILCS 505/11) (from Ch. 96 1/2, par. 161) Sec. 11. No person shall be allowed to purchase lead mineral from any child under twelve years of age. (Source: R.S. 1874, p. 709.)

(765 ILCS 505/12) (from Ch. 96 1/2, par. 162) Sec. 12. Any person who purchases any lead mineral without keeping the book or making the entries or returns as herein provided, or refuses to allow their inspection as herein provided, shall be fined for each offense the sum of $25; …

(765 ILCS 505/2) (from Ch. 96 1/2, par. 152) Sec. 2. If the owner of any land adjacent to any lands worked as lead, coal, iron or other mine, shall file a complaint, verified by affidavit, in the circuit court in the county where the land is situated, that he or she has reasonabl…

(765 ILCS 505/3) (from Ch. 96 1/2, par. 153) Sec. 3. The person so appointed shall have the right, at all reasonable times, to descend into such mine and make such examinations and surveys; and whoever shall willfully obstruct or hinder such person from entering into any such min…

(765 ILCS 505/4) (from Ch. 96 1/2, par. 154) Sec. 4. The expense of such examination and survey shall be paid by the plaintiff, but if the plaintiff recovers damages against the owner or operator of such mine for working the same upon the plaintiff's land, the plaintiff shall hav…

(765 ILCS 505/5) (from Ch. 96 1/2, par. 155) Sec. 5. Whoever shall willfully trespass upon the land of another by mining thereon, shall, in addition to the damages now authorized by law, be liable to a penalty not to exceed $500, which may be recovered by the owner thereof, in th…

(765 ILCS 505/6) (from Ch. 96 1/2, par. 156) Sec. 6. Any mining right, or the right to dig for or obtain iron, lead, copper, coal, or other mineral from land, may be conveyed by deed or lease, which may be acknowledged and recorded in the same manner and with like effect as deeds…

(765 ILCS 505/7) (from Ch. 96 1/2, par. 157) Sec. 7. When the owner of any land shall convey, by deed or lease, any gas, oil, coal or other minerals therein, such conveyance shall be considered as so separating such gas, oil, coal or other minerals from the land that the same sha…

(765 ILCS 505/8) (from Ch. 96 1/2, par. 158) Sec. 8. Every person purchasing lead mineral shall keep a book, in which he shall keep an account of all lead mineral purchased by him, stating clearly the amount, from whom and time when purchased, and the place where it was dug; and …

(765 ILCS 505/9) (from Ch. 96 1/2, par. 159) Sec. 9. Such purchaser shall keep such book at his usual place of business, open at all reasonable times for the inspection of miners, owners of mineral lands, and smelters of lead ore. (Source: R.S. 1874, p. 709.)

(765 ILCS 510/0.01) (from Ch. 96 1/2, par. 4400) Sec. 0.01. Short title. This Act may be cited as the Mineral Lease Release of Record Act. (Source: P.A. 86-1324.)

(765 ILCS 510/1) (from Ch. 96 1/2, par. 4401) Sec. 1. When any lease on land heretofore or hereafter taken for the purpose of prospecting for or mining or producing coal, oil, gas, or other minerals shall terminate by the terms of the lease or the acts or omissions of the lessee,…

(765 ILCS 510/2) (from Ch. 96 1/2, par. 4402) Sec. 2. Whenever any coal, oil, gas, or other mineral lease shall terminate and the lessee, his, her, or their heirs, representatives, successors, or assigns shall refuse, fail or neglect to cause the same to be released of record in …

(765 ILCS 515/1) (from Ch. 96 1/2, par. 9201) Sec. 1. As used in this Act the following definitions shall apply: (a) A "severed mineral interest" is any whole or fractional interest in any or all minerals which have been severed from the surface estate by grant, exception, reserv…

(765 ILCS 515/10) (from Ch. 96 1/2, par. 9210) Sec. 10. All attorneys' fees, expenses, and court costs incident to the proceedings authorized hereunder shall be paid by the lessee if a lease is executed pursuant hereto, and by the plaintiff if for any reason no lease is executed.…

(765 ILCS 515/11) (from Ch. 96 1/2, par. 9211) Sec. 11. (a) Surface owners may gain title to severed mineral interests owned by unknown or missing owners under the theory of adverse possession in the following manner and under the following conditions: If the title to any severed…

(765 ILCS 515/12) (from Ch. 96 1/2, par. 9212) Sec. 12. If any surface owner is named as a defendant and acquires an interest in the severed mineral interest by a judgement entered in accordance with subsection (g) of Section 11, said owner shall be liable to the plaintiff for hi…

(765 ILCS 515/13) (from Ch. 96 1/2, par. 9213) Sec. 13. A trustee proceeding pursuant to Sections 3 through 8 may be commenced at any time prior to the entry of a judgment pursuant to Section 11, but if commenced after a proceeding under Section 11 is commenced, it shall also joi…

(765 ILCS 515/14) (from Ch. 96 1/2, par. 9214) Sec. 14. This Act shall be liberally construed so that any deed issued pursuant to this Act shall convey merchantable title. (Source: P.A. 83-571.)

(765 ILCS 515/17) (from Ch. 96 1/2, par. 9217) Sec. 17. This Act shall be known and may be cited as the Severed Mineral Interest Act. (Source: P.A. 83-571.)

(765 ILCS 515/2) (from Ch. 96 1/2, par. 9202) Sec. 2. The circuit court of the county wherein the severed mineral interest sought to be affected, or the major portion thereof, is situated shall have jurisdiction of the proceedings authorized by this Act. (Source: P.A. 83-571.)

(765 ILCS 515/3) (from Ch. 96 1/2, par. 9203) Sec. 3. If the title to any severed mineral interest is vested in an unknown or missing owner, the circuit court of the county in which the minerals or the major portion thereof lies shall have the power to declare a trust therein, ap…

(765 ILCS 515/4) (from Ch. 96 1/2, par. 9204) Sec. 4. Proceedings for the appointment of a trustee may be instituted by any person: (a) Vested in fee simple with the whole or undivided interest in the surface estate overlying the particular mineral sought to be developed; (b) Ves…

(765 ILCS 515/5) (from Ch. 96 1/2, par. 9205) Sec. 5. (a) The person seeking to impress a trust upon a severed mineral interest for the purpose of leasing and developing the same shall join as defendants to the action all persons having a legal interest therein who are unknown or…

(765 ILCS 515/6) (from Ch. 96 1/2, par. 9206) Sec. 6. The trustee shall enter into negotiations with prospective purchasers of the mineral lease and shall sell a mineral lease covering the interest of the defendant. The terms of the mineral lease shall be in accordance with the f…

(765 ILCS 515/7) (from Ch. 96 1/2, par. 9207) Sec. 7. The sale of and execution of any mineral lease under the provisions of this Act shall be binding in all respects as to all of the interest in the mineral and the right to mine and remove the same owned by the defendant to the …

(765 ILCS 515/8) (from Ch. 96 1/2, par. 9208) Sec. 8. In the event of the death, resignation, refusal or inability of the trustee to act, the court, upon its own motion or upon the motion of the depository, mineral lessee, or surface owner overlying the severed mineral interest i…

(765 ILCS 515/9) (from Ch. 96 1/2, par. 9209) Sec. 9. (a) Regardless of whether there has been production of the severed mineral interest, if the owners of the severed mineral interests which are the subject of a trustee's lease executed and delivered in accordance with this Act …

(765 ILCS 520/0.01) (from Ch. 96 1/2, par. 4900) Sec. 0.01. Short title. This Act may be cited as the Oil and Gas Rights Act. (Source: P.A. 86-1324.)

(765 ILCS 520/1) (from Ch. 96 1/2, par. 4901) Sec. 1. When the right to drill for and remove oil and gas from any lands in this State is owned by joint tenants, or tenants in common, whether such right or title is derived by purchase, legacy or descent, or whether any or all of t…

(765 ILCS 520/10) (from Ch. 96 1/2, par. 4910) Sec. 10. (1) In this Section: (a) "Payee" means any person or persons legally entitled to payment from the proceeds derived from the sale of oil or gas from an oil or gas well located in this State. (b) "Payor" means the first purcha…

(765 ILCS 520/2) (from Ch. 96 1/2, par. 4902) Sec. 2. The owners of such interest desiring to drill for and remove oil and gas may file a complaint in the circuit court of the county in which such lands, or some part thereof, are located, asking the court for permission to drill …

(765 ILCS 520/3) (from Ch. 96 1/2, par. 4903) Sec. 3. Minors and persons under legal disability may institute or defend actions by guardian or next friend. Every person, including spouses of owners, having any interest in the right to drill for and remove oil and gas from such la…

(765 ILCS 520/4) (from Ch. 96 1/2, par. 4904) Sec. 4. Defendants, whether known or unknown, shall be summoned or notified in the same manner as known or unknown defendants may be summoned or notified in other civil cases. (Source: Laws 1939, p. 805.)

(765 ILCS 520/5) (from Ch. 96 1/2, par. 4905) Sec. 5. During the pendency of any such suit, any person claiming to be interested in the right to drill for and remove oil and gas from such lands may appear and answer the complaint, and assert his or her rights, by way of interplea…

(765 ILCS 520/6) (from Ch. 96 1/2, par. 4906) Sec. 6. In all suits under this Act, the court may investigate and determine all questions of conflicting or controverted titles, remove clouds from, and establish and confirm the title to the right to drill for and remove oil and gas…

(765 ILCS 520/7) (from Ch. 96 1/2, par. 4907) Sec. 7. If the court shall find that the material averments of the complaint are true, and that the plaintiffs do in fact own a one-half interest or more in the right to drill for and remove the oil and gas from such lands as joint te…

(765 ILCS 520/8) (from Ch. 96 1/2, par. 4908) Sec. 8. In case a person or persons owning a one-half interest or more in the right to drill for and remove oil and gas from such lands has or have executed an oil and gas lease or leases to any person, firm or corporation, such lesse…

(765 ILCS 520/9) (from Ch. 96 1/2, par. 4909) Sec. 9. The provisions of the Civil Practice Law, and all existing and future amendments to that Law, and the Supreme Court Rules now or hereafter adopted in relation to that Law, shall apply to all proceedings hereunder, except as ot…

(765 ILCS 525/0.01) (from Ch. 96 1/2, par. 5100) Sec. 0.01. Short title. This Act may be cited as the Oil and Gas Recovery Act. (Source: P.A. 86-1324.)

(765 ILCS 525/1) (from Ch. 96 1/2, par. 5101) Sec. 1. It is hereby declared to be the law of the State of Illinois that the grant in an oil and gas lease or contract to a lessee or operator of the right or power, in substance, to explore for and remove all oil and gas from any la…

(765 ILCS 530/1) (from Ch. 96 1/2, par. 9651) Sec. 1. This Act shall be known and may be cited as the "Drilling Operations Act". (Source: P.A. 85-1312.)

(765 ILCS 530/2) (from Ch. 96 1/2, par. 9652) Sec. 2. As used in this Act: (a) "Person" means any natural person, corporation, firm, partnership, venture, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind and includes any governme…

(765 ILCS 530/3) (from Ch. 96 1/2, par. 9653) Sec. 3. This Act shall be applicable only for the drilling operations of new wells except as explicitly provided in paragraph (c) of Section 6. It shall not apply for reworking operations on a well. This Act shall be applicable only w…

(765 ILCS 530/4) (from Ch. 96 1/2, par. 9654) Sec. 4. Notice. (a) Prior to commencement of the drilling of a well, the operator shall give a copy of the Act with a written notice to the surface owner of the operator's intent to commence drilling operations. (b) The operator shall…

(765 ILCS 530/5) (from Ch. 96 1/2, par. 9655) Sec. 5. Discussion. The operator, or his agent shall, if the surface owner accepts the offer to discuss, be available at the time agreed, date and place to discuss with the surface owner the following: (A) Placement of roads to be con…

(765 ILCS 530/6) (from Ch. 96 1/2, par. 9656) Sec. 6. Compensation of surface owners for drilling and producing operations and duties after cessation of production. (A) The surface owner shall be entitled to reasonable compensation from the operator for damages as follows: (1) To…

(765 ILCS 530/7) (from Ch. 96 1/2, par. 9657) Sec. 7. Common law rights and remedies preserved. Nothing in this Act shall be construed to diminish the rights of the operator or surface owner as they exist by established common law; provided, however, that any compensation paid pu…

(765 ILCS 540/1) Sec. 1. Short title. This Act may be cited as the Coal Rights Act. (Source: P.A. 92-390, eff. 8-16-01.)