In all cases where any lands or lots have been or may be sold by this State or any of the officers thereof, under the authority of any law of this State, whereof the patent is issued by the Governor, under the seal of this State, and in case the patent has been or shall purport to be recorded in the recorder's office of the county where the lands or lots are situated, and the patent is lost, or out of the power of the party desiring to use it to produce in evidence, a copy of the record of such patent, certified by the recorder of the county, may be read in evidence in place of the original patent, which copy certified as above stated, shall be prima facie evidence of the issuing of such patent, and of the contents thereof. The provisions of this section shall apply to deeds executed by the trustees of the Illinois and Michigan canal, and to patents for land issued or granted by the United States.
8-1210.State patents.
Article VIII. Evidence · Part 12. Records and Patents · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceWhen a Governor-issued state land patent is lost, a county recorder's certified copy of the recorded patent may be read in evidence in its place as prima facie proof of its issuance and contents, a rule that also covers Illinois and Michigan Canal deeds and federal land patents.
Full Text of 735 ILCS 5/8-1210
Plain-English Summary
This section addresses proof of state-issued land patents, issued by the Governor under the seal of the State, when the original patent is lost or otherwise unavailable to the party who needs to use it.
Before the substitute proof is available, the patent must have been, or purported to have been, recorded in the recorder's office of the county where the land or lots are located.
Once that condition is met, a copy of the county recorder's record of the patent, certified by the recorder, may be read in evidence in the original patent's place, and it stands as prima facie evidence of both the issuing of the patent and its contents.
The section reaches beyond ordinary state land and lot sales: it also applies to deeds executed by the trustees of the Illinois and Michigan Canal and to patents for land issued or granted by the United States.
Frequently Asked Questions
What lets a party use a certified copy instead of the original patent?
The original patent is lost, or it is out of the power of the party wishing to use it to produce it in evidence.
What must have happened to the patent before a certified copy can substitute for it?
It must have been, or purported to have been, recorded in the recorder's office of the county where the land or lots are located.
What weight does the certified copy carry?
Prima facie evidence of the issuing of the patent and of its contents.
Who certifies the copy of the record?
The recorder of the county.
Does this section apply only to state land patents?
No, it also applies to deeds executed by the trustees of the Illinois and Michigan Canal and to patents for land issued or granted by the United States.
Amendment History
(Source: P.A. 83-707.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: lost state land patent evidence illinoisillinois and michigan canal deed evidencecounty recorder certified copy patent