RulesofCivilProcedure.com Civil Procedure · Every State

8-1701.Commissioner's tract list, map, etc. - evidence.

Article VIII. Evidence · Part 17. Title to Land of Illinois Central Railroad · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceMakes certified county records of the Illinois Central Railroad's land-selection list and route map prima facie evidence of the company's title and rail line location.

Full Text of 735 ILCS 5/8-1701

Text size

Whenever it becomes necessary, in any judicial proceeding, to prove the title of the Illinois Central Railroad Company, or of the trustees of the railroad company, or of any person claiming title through or under the company or trustees, to any of the lands granted by the State to the railroad company under the provisions of the Act incorporating such company, the record in the proper county (or a transcript of such record, duly certified by the custodian thereof), of the list purporting to contain the tracts of land selected by the railroad company in such county, and purporting to be certified by the commissioner of the general land office as being a true abstract from the original list of selections by the company, shall be sufficient prima facie evidence of title in the railroad company or the trustees thereof, as the case may be, to the lands embraced in such list; and the record in the proper county (or a duly certified copy thereof by the custodian of such record) of the map or profile of the railroad or branches, shall be sufficient prima facie evidence of the line of location of the railroad or its branches in such county.

Plain-English Summary

The Illinois Central Railroad received a state land grant under the act incorporating it. When title through that grant, held by the railroad or its trustees or someone claiming through them, becomes an issue in a judicial proceeding, this section makes two kinds of county records especially useful: the certified list of tracts the company selected under the grant, and the map or profile of the railroad's line or branches.

The record in the proper county of the tract-selection list, or a duly certified transcript, is sufficient prima facie evidence of the railroad's or trustees' title to the listed tracts. Likewise, the county record of the route map or profile, or a certified copy, is sufficient prima facie evidence of the line's location in that county.

This is a narrow, historical provision addressing one specific 19th-century land grant, rather than a general rule about railroad or real-property title proof.

Frequently Asked Questions

What company does this section concern?

The Illinois Central Railroad Company, along with its trustees or anyone claiming title through or under the company or trustees.

What does the certified tract list prove?

Prima facie evidence of the railroad's or trustees' title to the land tracts listed, as selected under the incorporating act's land grant.

What does the certified map or profile prove?

Prima facie evidence of the line of location of the railroad or its branches in that county.

Is a certified transcript enough, or does a party need the original county record?

A duly certified transcript or copy of the county record is sufficient.

Who can rely on this provision?

The railroad company or its trustees, and anyone claiming title through or under them.

Amendment History

(Source: P.A. 82-280.)

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 central railroad land title evidencerailroad land grant proof illinoiscommissioner tract list evidence illinoisprima facie proof railroad title illinois