SB3398 amends the Illinois Code of Civil Procedure to create a new process for certain tenants in common who inherited property through intestate succession to seek a court judgment declaring them the legal owner or owners of the property, excluding nonclaiming co-owners. The bill is aimed at situations where heirs are in actual possession of the property and have maintained it, paid taxes, and otherwise treated it as their own for a sustained period.
To use this process, the claiming party must meet several conditions, including having household income below 80% of area median income, conducting a diligent search for other possible owners, and satisfying a seven-year possession-and-maintenance test. The bill also requires advance notice to other owners by certified and first-class mail, and by email and text if available, plus publication notice in a newspaper. Nonclaiming owners may file a signed objection with the county recorder of deeds, which would prevent the claim from proceeding under the section.
Impact
The bill would add Section 13-109.2 to the Code of Civil Procedure, creating a new civil action and notice procedure for resolving ownership disputes among tenants in common when property passed by intestate succession. It would affect heirs, co-owners, county recorders of deeds, and courts by establishing a pathway to quiet title-like relief for low-income occupants who have maintained the property and paid taxes, while preserving an objection mechanism for other owners with a bona fide interest.
Sentiment
Based on the bill text and the lack of recorded committee discussion or votes in the provided materials, the measure appears to be a targeted property-law reform rather than a broadly controversial proposal. Its structure suggests support for heirs who have been caring for inherited property and trying to clear title, while also building in notice and objection protections for absent co-owners. No formal vote history or transcript comments are available here to show a recorded partisan or stakeholder split.
Contention
The main point of contention is likely the balance between helping occupying heirs regularize title and protecting the rights of nonclaiming co-owners who may still have a legal ownership interest. Potential concerns include whether the seven-year exclusive possession standard is too permissive, whether the income cap appropriately limits the remedy to low-income households, and whether notice by mail, email, text, and publication is sufficient to protect absent owners. County recorders, property-rights advocates, and heirs dealing with inherited property would be the most directly affected parties.