Springfield, IL... On a unanimous 115-0 House vote, Representative David Leitch (R-Peoria) passed an important measure this week to provide homebuyer protections against mine subsidence.
Under HB 5685, Illinois property insurers will be required to file notices of mine subsidence claims with the County Recorder of Deeds where the property is located. This will allow for mine subsidence claims to be accessed and included in a title search for properties.
Under current law, only the current condition of properties must be disclosed in relation to mine subsidence. If a property has had mine subsidence issues that the seller reasonably believes have been corrected, disclosure is not required. HB 5685 aims to correct that gap in disclosure.
Mine subsidence, which is the sinking or shifting of ground resulting from the collapse of a pillar supporting a mine roof, can eventually occur in any previously mined area. Mine subsidence causes the structure over the affected area to shift or sink, causing cracks in foundations and walls of structures.
Rep. Leitch sponsored this measure in response to constituent concerns over properties that are being sold in Peoria which are skirting mine subsidence disclosure. Constituent Jim Schultz, a neighbor to several properties affected by mine subsidence, brought this issue forward to Rep. Leitch citing, "information on property that has had a mine subsidence claim needs to be available for anyone to see, even if the property has been sold several times or if the claim is hidden when combined with a lot without a claim."
"As a matter of fairness to all parties involved in any property transfer, this is a common-sense measure," said Leitch.
Schultz further described the problems the current law causes, "I have in the past three years been threatened with legal action, verbally assaulted by property owners who think it is okay to sell mine subsidence property without disclosing this fact. I have, with assistance from Representative Leitch, been able to document the issue on one lot and have this information recorded by the Peoria County Recorder of Deeds. The other lot needs this bill so that mine subsidence data can be made public information."
The legislation will now go to the Illinois Senate, where Leitch hopes for a fair hearing for this important proposal.