Illinois Compiled Statutes
735 ILCS 5/2-103 (2026)
Public corporations - Local actions - Libel - Insurance companies
✓ current as of May 2026
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(735 ILCS 5/2-103)
(from Ch. 110, par. 2-103)
Sec. 2-103.
Public corporations - Local actions - Libel - Insurance
companies.
(a) Actions must be brought against a public, municipal,
governmental or quasi-municipal corporation in the county in which its
principal office is located or in the county in which the transaction or
some part thereof occurred out of which the cause of action arose.
Except as otherwise provided in Section 7-102 of this Code, if the cause of
action is
related to an airport owned by a unit of local government or the property or
aircraft
operations thereof, however, including an action challenging the
constitutionality of
this amendatory
Act of the 93rd General Assembly, the action must be brought in the county in
which the
unit of local government's principal office is located.
Actions to recover damage to real estate
which may be overflowed or otherwise damaged by reason of any act of the
corporation may be brought in the county where the real estate or some
part of it is situated, or in the county where the corporation is
located, at the option of the party claiming to be injured.
Except as otherwise provided in Section 7-102 of this Code, any cause of
action
that is related to an airport owned by a unit of local government, and that is
pending on or after the effective date of
this amendatory Act of the 93rd General Assembly in a county other than the
county in which the
unit of local government's principal office is located, shall be transferred,
upon motion of any
party under Section 2-106 of this Code, to the county in which the unit of
local government's
principal office is located.
(b) Any action to quiet title to real estate, or to partition or
recover possession thereof or to foreclose a mortgage or other lien
thereon, must be brought in the county in which the real estate or some
part of it is situated.
(c) Any action which is made local by any statute must be brought in
the county designated in the statute.
(d) Every action against any owner, publisher, editor, author or
printer of a newspaper or magazine of general circulation for libel
contained in that newspaper or magazine may be commenced only in the
county in which the defendant resides or has his, her or its principal office
or in which the article was composed or printed, except when the
defendant resides or the article was printed without this State, in
either of which cases the action may be commenced in any county in which
the libel was circulated or published.
(e) Actions against any insurance company incorporated under the law
of this State or doing business in this State may also be brought in any
county in which the plaintiff or one of the plaintiffs may reside.
(Source: P.A. 93-450, eff. 8-6-03.)
Notes of Decisions
Cited in 23
cases (4 in the last 5 years), 1993–2026 · leading case: St. John's United Church of Christ v. City of Chicago, 502 F.3d 616 (7th Cir. 2007).
St. John's United Church of Christ v. City of Chicago, 502 F.3d 616 (7th Cir. 2007). “01, OMA § 94; and the Code of Civil Procedure, 735 ILCS 5/2-103, OMA § 95. Among these many modifications is the one that is central to this litigation: the addition of a new section 30 to the Illinois Religious Freedom Restoration Act (IRFRA), 775 ILCS 35/1 et seq.”
Home Depot USA v. Dep't of Revenue, 823 N.E.2d 625 (Ill. App. Ct. 2005). “, appeals from the trial court's interlocutory order granting a motion by defendants, the Department of Revenue (Department), Brian Hamer, Director of Revenue, and Judy Baar Topinka, Illinois State Treasurer, to transfer venue under section 2-103(a) of the Code of Civil…”
Samson v. Prokopf (In Re Smith), 185 B.R. 285 (Bankr. S.D. Ill. 1995). “” 735 ILCS 5/2-103(c). At common law, every *296 cause of action was classified for purposes of venue as either transitory or local.”
Gurga v. Roth, 2011 IL App (2d) 100444 (Ill. App. Ct. 2011). “Mary relies on section 2-103(b) of the Code (735 ILCS 5/2-103(b) (West 2008)), which provides: “(b) Any action to quiet title to real estate, or to partition or recover possession thereof or to foreclose a mortgage or other lien thereon, must be brought in the county in which…”
Shaw v. St. John's Hosp., 2012 IL App (5th) 110088 (Ill. App. Ct. 2012). “That case was transferred to Jersey County pursuant to section 2-103 of the Code (735 ILCS 5/2-103 (West 2008)) and later voluntarily dismissed.”
Gurga v. Roth, 964 N.E.2d 134 (Ill. App. Ct. 2011). “Arguments on Appeal ¶ 16 On appeal, Mary first argues that she could not have raised her claim to quiet title in the probate proceeding because the probate court of Cook County could not determine proper title to real estate located in Du Page County.”
Pendergast v. Meade Elec. Co., 2013 IL App (1st) 121317 (Ill. App. Ct. 2013). “The County then moved to transfer the third-party claims to the circuit court of Kendall County pursuant to section 2-103(a) of the Code of Civil Procedure (Code) (735 ILCS 5/2-103(a) (West 2010)). It argued that section 2-103(a) required that any action brought against a…”
BMO Harris Bank, N.A. v. K & K Holdings, LLC, 2016 IL App (2d) 150923 (Ill. App. Ct. 2016). “735 ILCS 5/2-103(b) (West 2012). -2- 2016 IL App (2d) 150923 waives “any defenses given to guarantors at law or in equity other than actual payment and performance of the indebtedness.”
Deutsche Bank Nat'l Trust Co. v. Barrera, 2020 IL App (3d) 180419 (Ill. App. Ct. 2020). “” 735 ILCS 5/2-103(b) (West 2014). Here, the property at issue is situated in Will County, and the bank filed its foreclosure action in the circuit court Will County.”
Carrollton Bank v. Schroeder, 2022 IL App (5th) 200235-U (Ill. App. Ct. 2022). “See 735 ILCS 5/2-103(b) (West 2018). 3 ¶ 11 On July 15, 2020, the Marion County court entered an order transferring the case to Jackson County on the basis of forum non conveniens “unless the parties agree to stay this proceeding pending [the] outcome of [the] Jackson County…”
Gleeson Asphalt, Inc. v. City of Collinsville, Illinois, 2017 IL App (5th) 170059 (Ill. App. Ct. 2017). “¶ 11 ANALYSIS ¶ 12 The single issue we are asked to address on appeal is whether the trial *426 court erred in denying defendant's motion to transfer plaintiff's cause of action from St.”
Alsup v. Sycamore Mun. Hosp., 618 N.E.2d 895 (Ill. App. Ct. 1993). “2 — 103(a) (now 735 ILCS 5/2-103 (West 1992)). Sycamore first contends that the court erred in refusing to transfer venue under section 2 — 103(a) based on its status as a municipal corporation.”
— 735 ILCS 5/2-103(a) — 9 cases
Home Depot USA v. Dep't of Revenue, 823 N.E.2d 625 (Ill. App. Ct. 2005). “, appeals from the trial court's interlocutory order granting a motion by defendants, the Department of Revenue (Department), Brian Hamer, Director of Revenue, and Judy Baar Topinka, Illinois State Treasurer, to transfer venue under section 2-103(a) of the Code of Civil…”
Pendergast v. Meade Elec. Co., 2013 IL App (1st) 121317 (Ill. App. Ct. 2013). “The County then moved to transfer the third-party claims to the circuit court of Kendall County pursuant to section 2-103(a) of the Code of Civil Procedure (Code) (735 ILCS 5/2-103(a) (West 2010)). It argued that section 2-103(a) required that any action brought against a…”
Gleeson Asphalt, Inc. v. City of Collinsville, Illinois, 2017 IL App (5th) 170059 (Ill. App. Ct. 2017). “¶ 11 ANALYSIS ¶ 12 The single issue we are asked to address on appeal is whether the trial *426 court erred in denying defendant's motion to transfer plaintiff's cause of action from St.”
Bd. of Educ. of Nippersink Sch. Dist. 2 v. Koch, 2012 IL App (2d) 120132 (Ill. App. Ct. 2012).
Shaw v. St. John's Hosp., 2012 IL App (5th) 110088 (Ill. App. Ct. 2012). “That case was transferred to Jersey County pursuant to section 2-103 of the Code (735 ILCS 5/2-103 (West 2008)) and later voluntarily dismissed.”
— 735 ILCS 5/2-103(b) — 9 cases
Gurga v. Roth, 2011 IL App (2d) 100444 (Ill. App. Ct. 2011). “Mary relies on section 2-103(b) of the Code (735 ILCS 5/2-103(b) (West 2008)), which provides: “(b) Any action to quiet title to real estate, or to partition or recover possession thereof or to foreclose a mortgage or other lien thereon, must be brought in the county in which…”
Gurga v. Roth, 964 N.E.2d 134 (Ill. App. Ct. 2011). “Arguments on Appeal ¶ 16 On appeal, Mary first argues that she could not have raised her claim to quiet title in the probate proceeding because the probate court of Cook County could not determine proper title to real estate located in Du Page County.”
BMO Harris Bank, N.A. v. K & K Holdings, LLC, 2016 IL App (2d) 150923 (Ill. App. Ct. 2016). “735 ILCS 5/2-103(b) (West 2012). -2- 2016 IL App (2d) 150923 waives “any defenses given to guarantors at law or in equity other than actual payment and performance of the indebtedness.”
Deutsche Bank Nat'l Trust Co. v. Barrera, 2020 IL App (3d) 180419 (Ill. App. Ct. 2020). “” 735 ILCS 5/2-103(b) (West 2014). Here, the property at issue is situated in Will County, and the bank filed its foreclosure action in the circuit court Will County.”
Carrollton Bank v. Schroeder, 2022 IL App (5th) 200235-U (Ill. App. Ct. 2022). “See 735 ILCS 5/2-103(b) (West 2018). 3 ¶ 11 On July 15, 2020, the Marion County court entered an order transferring the case to Jackson County on the basis of forum non conveniens “unless the parties agree to stay this proceeding pending [the] outcome of [the] Jackson County…”
— 735 ILCS 5/2-103(c) — 1 case
Samson v. Prokopf (In Re Smith), 185 B.R. 285 (Bankr. S.D. Ill. 1995). “” 735 ILCS 5/2-103(c). At common law, every *296 cause of action was classified for purposes of venue as either transitory or local.”
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