Illinois Code § 765 ILCS 515/13

A trustee proceeding pursuant to Sections 3 through 8 may be
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commenced
at any time prior to the entry of a judgment pursuant to Section 11, but
if commenced after a proceeding under Section 11 is commenced, it shall
also join as defendants thereto the surface owner overlying the severed
mineral interest. Any mineral lease executed as a result of the trustee
proceeding pursuant to Sections 3 through 8 shall be binding upon any
subsequent
owner of the severed mineral interest whose interest was acquired by judgment
entered in accordance with Section 9 or 11.

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