Illinois Statutes Chapter 415. Environmental Safety § 185/10. Ownership and conveyance of pore space

(a) Title to pore space belongs to and is vested in the surface owner of the surface estate.

(b) A conveyance of title to a surface estate conveys title to the pore space in all strata underlying the surface estate.

(c) Title to pore space may not be severed from title to the surface estate. A grant of easement or lease for use of pore space is not a severance prohibited under this subsection.

(d) A grant of easement or lease for use of pore space shall not confer any right to enter upon or otherwise use the surface of the land unless the grant of easement or lease expressly so provides that right.

(e) Any grant of easement for use of pore space or pore space lease abstract shall be recorded in the same manner as easements of real estate. If the holder of an easement or lease of pore space withdraws or is denied a permit for sequestration of carbon dioxide under Section 59.6 of the Environmental Protection Act, including, but not limited to, the disapproval of financial assurance under subsection (e) of Section 22.64 of the Environmental Protection Act, the owner of the surface estate shall have the right to have the title or interest returned for any amounts paid to the holder of the easement or lease.

(f) Nothing in this Section shall be construed to change or alter the common law existing as of the effective date of this Act as it relates to the rights belonging to, or the dominance of, the mineral estate.