765 ILCS 540/1
Short title
Short title. This Act may be cited as the Coal Rights Act. (Source: P.A. 92-390, eff. 8-16-01.)
Illinois Compiled Statutes 765 ILCS 540 — Coal Rights Act.
Illinois · statute · 765 ILCS 540 · 14 active provisions
765 ILCS 540/5
Purpose
Purpose. In recognition of the fact that an estate of a joint owner in coal can be enjoyed only by mining, removing, and selling the products of the coal, and that the mining, removal, and sale of coal by one joint owner therefore constitutes the use and not the destruction of the common estate, the purpose of this Act…
765 ILCS 540/10
Definitions
Definitions. As used in this Act: "Joint owner" means a person or entity that is a joint tenant, a tenant in common, or a tenant by the entirety. "Coal owner" means a person or entity vested with a whole or undivided fee simple interest or other freehold interest in the coal estate, but "coal owner" does not include a…
765 ILCS 540/15
Venue
Venue. Proceedings under this Act must be brought in the circuit court of the county in which coal lands sought to be affected, or the major portion of those lands, is located. (Source: P.A. 92-390, eff. 8-16-01.)
765 ILCS 540/20
Joint owners; trusts
Joint owners; trusts. (a) If the title to coal is owned by joint tenants, tenants in common, or tenants by the entirety, whether the title is derived by purchase, legacy, or descent, any coal owner or owners vested with at least a one-half interest in the coal under the lands, or any coal lessee of the coal owner or ow…
765 ILCS 540/25
Proceedings for appointment of trustee
Proceedings for appointment of trustee. Proceedings for the appointment of a trustee may be instituted by any person or persons (i) vested in fee simple with at least an undivided one-half interest in the coal sought to be developed or (ii) vested with a valid and subsisting coal lease, the lessor of which is a person…
765 ILCS 540/30
Procedure
Procedure. (a) The person or persons seeking to impress a trust upon a coal interest for the purpose of leasing and developing it shall join as the defendant or defendants all persons, other than the plaintiff or plaintiffs, having a legal interest in the coal. All parties not in being who might have some contingent or…
765 ILCS 540/35
Coal leases; report by trustee
Coal leases; report by trustee. The trustee shall enter into negotiations with the plaintiff or plaintiffs and shall execute a coal lease in favor of the plaintiff or plaintiffs covering the interest of the defendant or defendants. The terms of the coal lease shall be in accordance with the findings and judgment of the…
765 ILCS 540/40
Payment
Payment. All moneys due to the defendant or defendants under the lease executed by the trustee shall be paid by the plaintiff or plaintiffs directly to the defendant or defendants. (Source: P.A. 92-390, eff. 8-16-01.)
765 ILCS 540/45
Binding effect of lease
Binding effect of lease. The sale of and execution of any coal lease under this Act is binding in all respects as to all of the interest in the coal and the right to mine and remove the coal owned by the defendant or defendants to the action in the same manner as if the defendant or defendants had personally signed and…
765 ILCS 540/50
Incapacity of trustee; subsequent proceedings
Incapacity of trustee; subsequent proceedings. (a) In the event of the death or resignation of the trustee or the refusal or inability of the trustee to act, the court, upon its own motion or upon the motion of the plaintiff or plaintiffs, shall appoint a successor trustee. (b) After the entry of the initial judgment a…
765 ILCS 540/55
Costs
Costs. All court costs incident to the proceedings authorized under this Act shall be paid by the plaintiff or plaintiffs. (Source: P.A. 92-390, eff. 8-16-01.)
765 ILCS 540/60
Construction
Construction. This Act shall be liberally construed so that any lease issued under this Act conveys merchantable title. (Source: P.A. 92-390, eff. 8-16-01.)
765 ILCS 540/99
Effective date
Effective date. This Act takes effect upon becoming law. (Source: P.A. 92-390, eff. 8-16-01.)