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Full Text of HB4896
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HB4896 - 104th General Assembly
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HB4896 Enrolled
LRB104 17427 JRC 30852 b
1
AN ACT concerning civil law.
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
adding Section 13-109.2 as follows:
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(735 ILCS 5/13-109.2 new)
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Sec. 13-109.2.
Tenancy in common, intestate succession.
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(a) A person or persons with an ownership interest in
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lands or tenements held as tenants in common, who acquired an
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ownership interest through intestate succession under Article
11
2 of the Probate Act of 1975, and who are in actual possession
12
of the lands or tenements, may commence an action seeking to be
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adjudged the legal owner or owners of the lands or tenements to
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the exclusion of any nonclaiming owner or owners, if the court
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finds that:
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(1) the person or persons bringing the action each
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have a household income of under 80% of area median income
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as determined by the United States Department of Housing
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and Urban Development for the county where the lands or
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tenements are located;
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(2) the person or persons bringing the action have
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conducted a search, with due diligence, for anyone who may
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have an ownership interest in the property;
HB4896 Enrolled
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LRB104 17427 JRC 30852 b
1
(3) for 7 successive years, the person or persons
2
bringing the action have:
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(A) held exclusive possession of the lands or
4
tenements, with or without the permission or knowledge
5
of others who may hold an interest in the lands or
6
tenements as tenants in common;
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(B) paid or caused to be paid all taxes legally
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assessed on the lands or tenements; and
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(C) acquired an ownership interest in the lands or
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tenements through intestate succession; and
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(4) for 7 successive years, no other person or persons
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holding an ownership interest in the lands or tenements as
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tenants in common have:
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(A) contributed to any taxes assessed on the lands
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or tenements, other than a lender under the
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Residential Mortgage License Act of 1987 making
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payments of taxes as part of its duties related to a
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mortgage loan;
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(B) contributed to the care, maintenance, or
20
improvement of the lands or tenements; or
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(C) asserted or acted to preserve any interest in
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or any claim related to the lands or tenements; and
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(5) the requirements of subsection (b) are satisfied
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and no objection is made by a person or persons with a bona
25
fide ownership interest in the subject lands or tenements
26
as tenants in common as set forth under subsection (c).
HB4896 Enrolled
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LRB104 17427 JRC 30852 b
1
(b) A minimum of 2 years before commencing an action under
2
subsection (a), a person or persons shall:
3
(1) file a signed declaration with the recorder of
4
deeds in the county where the lands or tenements are
5
located that provides a legal description of the subject
6
lands or tenements and states the person's or persons':
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(A) intention to seek ownership of lands or
8
tenements to the exclusion of any nonclaiming owner or
9
owners;
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(B) ownership interest in the lands or tenements
11
as tenants in common;
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(C) exclusive possession of the property and
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consistent payment of all taxes legally assessed on
14
the lands or tenements; and
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(D) belief that no other person or persons with an
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ownership interest in the lands or tenements have
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contributed to the payment of taxes or the care,
18
maintenance, or improvement of the lands or tenements;
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and
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(2) send written notice after conducting the search
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described in paragraph (2) of subsection (a) to any person
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or persons who hold an ownership interest in the lands or
23
tenements by certified and first-class mail to their last
24
known address that includes:
25
(A) a statement of intention to seek ownership of
26
lands or tenements to the exclusion of any nonclaiming
HB4896 Enrolled
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LRB104 17427 JRC 30852 b
1
owner or owners, including the address or a
2
description of the lands or tenements;
3
(B) a notification that the person or persons with
4
an ownership interest in the lands or tenements may
5
file an objection with the recorder of deeds in the
6
county where the lands or tenements are located as set
7
forth in subsection (c); and
8
(C) an attached copy of the declaration described
9
in paragraph (1); and
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(3) send a message after conducting the search
11
described in paragraph (2) of subsection (a) to any person
12
or persons who hold an ownership interest in the lands or
13
tenements by email at their last known email address, if
14
any, and by text at their last known telephone number, if
15
any, that includes:
16
(A) a statement of intention to seek ownership of
17
lands or tenements to the exclusion of any nonclaiming
18
owner or owners, including the address or a
19
description of the lands or tenements; and
20
(B) a notification that the person or persons with
21
an ownership interest in the lands or tenements may
22
file an objection with the recorder of deeds in the
23
county where the lands or tenements are located as set
24
forth in subsection (c); and
25
(4) publish or cause to be published one notice of the
26
claim under the Notice by Publication Act in a newspaper
HB4896 Enrolled
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LRB104 17427 JRC 30852 b
1
of general circulation covering the county, city, or
2
township where the lands or tenements are located.
3
(c) A person or persons with an ownership interest in the
4
lands or tenements may object to a claim under this Section by
5
filing an objection with the recorder of deeds in the county
6
where the lands or tenements are located. The objection shall:
7
(1) be signed by the person or persons objecting;
8
(2) describe the subject lands or tenements;
9
(3) state that the objecting person or persons have an
10
ownership interest in the subject lands or tenements; and
11
(4) declare their objection.
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