Copies of the books and entries of the sale of all lands or lots heretofore or that hereafter may be sold by this State or any of the officers thereof under any law of this State, certified to be true and correct copies of such books and entries by the proper person or officer in whose custody said books and entries may properly be, shall be prima facie evidence of the facts stated in such books and entries. The certificate of such officer of the purchase of or issuing of a patent for any tract of land sold by this State or any agent of the same, shall be deemed as evidence of title in the party certified to have made such purchase or obtained such patent, his or her legatees, heirs or assigns, unless a better and paramount title is exhibited for the same. The patent for land shall be deemed a better and paramount title in the patentee, his or her legatees, heirs and assigns, than such certificate, and when any swamp and overflowed lands and lots heretofore have been or hereafter may be sold under any law of this State by any proper person or officer of the county in which such lands are located, copies of the books and entries of the sales of such swamp and overflowed lands and lots certified to be true and correct copies of such books and entries by the proper person or officer in whose custody such books and entries may properly be, shall be prima facie evidence of the facts stated in such books and entries. The certificate of such officer of the sale or entry of any tract or tracts of such swamp and overflowed land or lots and of the execution of a deed for the same, giving the date of such sale or entry, the date of the execution of the deed, the name of the purchaser and description of the land, under the seal of his or her office, may, if the original deed is lost, or it is out of the power of the party wishing to use the same to produce it in evidence, and the original deed has never been recorded, be read in evidence in place of said original deed, and shall be prima facie evidence of the execution and delivery of a proper deed for such land and shall be deemed as evidence of title in the person certified to have made such entry or purchase, his or her legatees, heirs and assigns, until a better and paramount title is exhibited for the same. Whenever it appears that the original deed made upon any entry or sale of such swamp and overflowed lands is lost, or not in the power of the party wishing to use the same to produce in evidence, and the same has never been recorded as above stated and that the books and original entries of sale of such swamp and overflowed lands or lots have also been lost or destroyed, and the clerk of the circuit court or other proper officer has made return of such sales and entries to the State Comptroller according to law, a certified copy of such return by the Comptroller, under his or her seal of office, may be used in evidence with the like force and effect as hereinbefore provided.
8-1211.State land sales.
Article VIII. Evidence · Part 12. Records and Patents · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceCertified copies of the books and entries of state land sales, including swamp and overflowed lands, serve as prima facie evidence of the facts stated, and for swamp and overflowed land sales specifically, an officer's certificate can substitute for a lost, unrecorded deed, with a Comptroller-certified return as a further, last-resort fallback if the books and entries are also lost.
Full Text of 735 ILCS 5/8-1211
Plain-English Summary
This section sets out how to prove sales of state-owned lands and lots, and separately, swamp and overflowed lands sold under county authority, addressing what happens when the underlying transaction records are unavailable.
At the base level, certified copies of the books and entries of sale, made by the proper custodian, serve as prima facie evidence of the facts they state. An officer's certificate of a purchase or of the issuing of a patent is likewise evidence of title in the certified purchaser or that person's legatees, heirs, or assigns, unless a better and paramount title is exhibited; a patent for land remains the better and paramount title compared to such a certificate.
For swamp and overflowed lands specifically, if the original deed is lost, was never recorded, and is unavailable to the party who needs it, an officer's certificate describing the sale or entry and the deed's execution, including the relevant dates, the purchaser's name, and the land description, may be read in evidence in the deed's place, serving as prima facie evidence of the deed's execution and delivery and of title until a better and paramount title is shown.
As a last resort for swamp and overflowed land sales specifically, if the original deed is lost or unavailable and was never recorded, and even the books and original entries of sale have also been lost or destroyed, and the circuit clerk or other proper officer had made the required return of those sales and entries to the State Comptroller, a certified copy of that return by the Comptroller, under seal, may be used in evidence with the same force and effect as the earlier tiers of proof. The statute does not extend this Comptroller-return fallback to ordinary state land sales outside the swamp-and-overflowed-land category.
Frequently Asked Questions
What kinds of land sales does this section cover?
Sales of state lands and lots generally, and, separately, swamp and overflowed lands sold under county authority.
What is the base method for proving these sales?
Certified copies of the books and entries of sale, made by the proper custodian, which serve as prima facie evidence of the facts they state.
How does a patent compare to an officer's certificate of purchase for proving title?
The patent is deemed a better and paramount title, though the certificate is evidence of title in the certified purchaser until a better title is shown.
What happens if the original deed for swamp or overflowed land is lost and was never recorded?
An officer's certificate describing the sale or entry and the deed's execution may be read in evidence instead, serving as prima facie evidence of the deed's execution and delivery.
What is the last-resort method if even the books and original entries are lost or destroyed?
For swamp and overflowed land sales, if the circuit clerk or other officer had returned the sales and entries to the State Comptroller as required by law, a Comptroller-certified copy of that return may be used in evidence with the same effect. This last-resort route applies only to swamp and overflowed land sales, not to ordinary state land sales generally.
Amendment History
(Source: P.A. 86-657.)
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: illinois state land sale records evidenceswamp and overflowed lands illinois evidencelost deed state land patent evidencecomptroller certified return land sale