Illinois Chapter 765 Property
765 ILCS 140/ Adjacent Landowner Excavation Protection Act.Code Resources
Illinois Resources
Illinois Website
Illinois Governor
Illinois Legislature
Illinois Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
(765 ILCS 140/0.01) (from Ch. 111 1/2, par. 3300)
Sec. 0.01.
Short title.
This Act may be cited as the
Adjacent Landowner Excavation Protection Act.
(Source: P.A. 86‑1324.)
|
(765 ILCS 140/1) (from Ch. 111 1/2, par. 3301)
Sec. 1.
Each adjacent owner is entitled to the continuous lateral and subjacent
support which his land receives from the adjoining land, subject to the
right of the owner of the adjoining land to make proper and usual
excavations on the same for purposes of construction or improvements, under
the following conditions:
1. Any owner or possessor of land intending to make or to permit an
excavation to be made on his land shall give due and reasonable notice in
writing to the owner or owners of adjoining lands and of adjoining
buildings and other structures stating the depth to which the excavation is
intended to be made and when the excavation will begin. If the excavation
is to be of a depth of not more than the standard depth of foundations, as
herein defined, and if it appears that the excavation is to be of a greater
depth than the walls or foundations of any adjoining building or other
structure and is to be so close as to endanger the building or other
structure in any way, then the owner of the building or other structure on
the adjoining land shall be allowed a reasonable time, but in no event less
than thirty (30) days, in which to take measures to protect the same from
any damage or in which to extend the foundations thereof, and he must be
given, for the said purpose, a license to enter on the land on which the
excavation is to be or is being made.
2. Any owner or possessor of land upon which an excavation is made, who
does not comply with the provisions of subparagraph 1, when so required, is
liable to the owner of adjacent property for any damage to the land or to
any buildings or other structure thereon arising from such excavation, and
is also liable to occupants and tenants of the adjoining land or structures
for any damage to their property or business, proximately resulting from
injury to such land or structures, caused by the failure of such owner or
possessor to so comply.
3. In making any excavation, reasonable care and precautions shall be
taken to sustain the adjoining land as such, without regard to any building
or other structure which may be thereon, and there is no liability for
damage done to any building or other structure by reason of the excavation
except as herein provided or otherwise provided or allowed by law.
4. Standard depth of foundations, as used herein, is a depth of eight
(8) feet below the established grade of a street, highway or other public
way upon which such land abuts, or if there is no established grade, below
the surface of the adjoining land.
5. If the excavation is intended to be or is deeper than the standard
depth of foundations as herein defined, then the owner of the land on which
the excavation is being made, if given the necessary license to enter on
adjoining land, and not otherwise, shall protect the said adjoining land
and any building or other structure thereon, without cost to the owner
thereof, by furnishing lateral and subjacent support to said adjoining land
and all buildings and structures thereon, in such a manner as to protect
the same from any damage by reason of the excavation and shall be liable to
the owner of such property for any damage to the land or to any buildings
or other structures thereon.
6. The owner or possessor of the land upon which the excavation is being
made shall also be liable to occupants and tenants of such adjoining lands
or structures thereon for any damage to their property or business,
proximately resulting from injury to such land or structures, caused by the
failure of such owners or possessor, making such excavation, to fulfill the
duty set forth in subparagraph 5.
(Source: Laws 1957, p. 1102.)
|