Chapter 70 — SPECIAL DISTRICTS

(70 ILCS 535/6) (from Ch. 85, par. 7456) Sec. 6. Powers. (a) The Authority possesses all the powers of a body corporate necessary and convenient to accomplish the purposes of this Act, including, without any intended limitation upon the general powers hereby conferred, the follow…

(70 ILCS 535/7) (from Ch. 85, par. 7457) Sec. 7. Bonds. (a) The Authority, with the written approval of the Governor, shall have the continuing power to issue bonds, notes, or other evidences of indebtedness in an aggregate amount outstanding not to exceed $250,000,000 for the pu…

(70 ILCS 535/8) (from Ch. 85, par. 7458) Sec. 8. Acquisition. (a) The Authority may, but need not, acquire title to any project with respect to which it exercises its authority. (b) The Authority shall have power to acquire by purchase, lease, gift or otherwise any property or ri…

(70 ILCS 535/9) (from Ch. 85, par. 7459) Sec. 9. Bridges. (a) In addition to the power and authority heretofore conferred upon the Authority, the Authority, in its own name, shall have full power and authority: to acquire and thereafter operate and maintain any existing vehicular…

(70 ILCS 605/1-1) (from Ch. 42, par. 1-1) Sec. 1-1. Short title. This Act may be known and cited as the Illinois Drainage Code. (Source: Laws 1955, p. 512.)

(70 ILCS 605/1-2) (from Ch. 42, par. 1-2) Sec. 1-2. Definitions. When used in this Act unless the context requires otherwise: (a) "Clerk", when used without qualifying words, means the clerk of the circuit court acting, ex officio, as clerk of a district. (b) "Court" means the ci…

(70 ILCS 605/1-3) (from Ch. 42, par. 1-3) Sec. 1-3. Cross references. Where, in this Act, reference is made to a section by its number and no act is specified, the reference is to the correspondingly numbered section of this Act. Where reference is made to an article by its numbe…

(70 ILCS 605/1-4) (from Ch. 42, par. 1-4) Sec. 1-4. Jurisdiction of circuit courts over drainage districts-Venue. The circuit courts of the several counties have jurisdiction over all matters and proceedings pertaining to the organization and operation of drainage districts. In t…

(70 ILCS 605/1-5) (from Ch. 42, par. 1-5) Sec. 1-5. Districts organized under prior acts. All districts heretofore organized or existing under any act repealed by this Act are declared to be legally organized and shall continue in existence and henceforth operate under this Act. …

(70 ILCS 605/1-6) (from Ch. 42, par. 1-6) Sec. 1-6. Transfer of jurisdiction over and records of existing districts. Within one year after the effective date of this Act the commissioners of each district organized under any prior law by any method other than by an order of the c…

(70 ILCS 605/1-7) (from Ch. 42, par. 1-7) Sec. 1-7. Civil Practice Law to Apply - Time for Hearings.) The provisions of the Civil Practice Law and all existing and future amendments and modifications thereof and the Supreme Court Rules now or hereafter adopted in relation to that…

(70 ILCS 605/10-1) (from Ch. 42, par. 10-1) Sec. 10-1. Abandonment of entire work. When a petition signed by not less than two-thirds of the adult landowners who own not less than two-thirds of the lands in the district and praying for the abandonment of work theretofore ordered …

(70 ILCS 605/10-10) (from Ch. 42, par. 10-10) Sec. 10-10. Dissolution-Subdistrict or minor subdistrict upon petition of commissioners. In addition to the method provided in Section 10-9, when the drainage system of a subdistrict is of the same character, type or nature as any par…

(70 ILCS 605/10-11) (from Ch. 42, par. 10-11) Sec. 10-11. Dissolution-Drains and levees to remain for common use-Exception. Whenever a district, subdistrict or minor subdistrict has been dissolved as hereinbefore provided, other than dissolution of a subdistrict or minor subdistr…

(70 ILCS 605/10-2) (from Ch. 42, par. 10-2) Sec. 10-2. Abandonment of portion of work. When a petition, signed by not less than two-thirds of the adult landowners in any area which will be benefited by a particular portion of any work theretofore ordered constructed and who own n…

(70 ILCS 605/10-3) (from Ch. 42, par. 10-3) Sec. 10-3. Abandonment of work in subdistricts and minor subdistricts. The work or a portion of the work of a subdistrict or a minor subdistrict may be abandoned in like manner and with like effect as work in a main district. (Source: L…

(70 ILCS 605/10-4) (from Ch. 42, par. 10-4) Sec. 10-4. Dissolution-Power of court. The court may dissolve a district in the manner hereinafter provided in this Article. (Source: Laws 1955, p. 512.)

(70 ILCS 605/10-5) (from Ch. 42, par. 10-5) Sec. 10-5. Dissolution-Petition by landowners. When the owners of lands within a district desire to dissolve the district they may so petition the court. The petition must be signed by not less than three-fourths of the adult landowners…

(70 ILCS 605/10-6) (from Ch. 42, par. 10-6) Sec. 10-6. Dissolution-Setting petition for hearing-Notice. Upon the filing of a petition for dissolution it shall be presented to the court, which shall fix the date and hour for hearing. The clerk of the court shall give notice of the…

(70 ILCS 605/10-7) (from Ch. 42, par. 10-7) Sec. 10-7. Dissolution-Hearing-Order-Appeals. At the hearing the court shall determine (a) whether the petition is signed by the requisite number of owners owning the required proportion of the land, (b) whether there is a good reason f…

(70 ILCS 605/10-7.1) (from Ch. 42, par. 10-7.1) Sec. 10-7.1. Dissolution - Petition of Commissioners.) In addition to the method of dissolution provided in Section 10-5, the commissioners of a district may petition to dissolve the district. Such petition must show: (a) the reason…

(70 ILCS 605/10-7.2) Sec. 10-7.2. Seavey Drainage District; dissolution. In addition to the other methods of dissolution provided in this Article, the Lake County Board may dissolve the Seavey Drainage District by adopting a resolution that states: (1) that the district has not i…

(70 ILCS 605/10-7.3) Sec. 10-7.3. Dissolution by resolution or ordinance. (a) In addition to the other methods of dissolution provided in this Article, if one or more municipalities account for at least 75% of a drainage district's territory, the drainage district may be dissolve…

(70 ILCS 605/10-8) (from Ch. 42, par. 10-8) Sec. 10-8. Dissolution-Effect of order-Procedure following dissolution. If an order is entered by the court dissolving a district, the district shall thenceforth cease to be a body politic and corporate. The commissioners of the distric…

(70 ILCS 605/10-9) (from Ch. 42, par. 10-9) Sec. 10-9. Dissolution-Subdistricts and minor subdistricts upon petition of landowners. Subdistricts and minor subdistricts may be dissolved upon petition of landowners in the same manner as provided in this Article for main districts. …

(70 ILCS 605/11-1) (from Ch. 42, par. 11-1) Sec. 11-1. Right to connect drains and levees. Any drainage district may connect its drains, in the course of natural drainage, or its levees to the drains or levees of another district or to the storm drains or levees of a municipal co…

(70 ILCS 605/11-10) (from Ch. 42, par. 11-10) Sec. 11-10. Procedure at trial - View by jury. The issues arising on a complaint filed under Section 11-8 shall be tried as in an action under the Civil Practice Law. If tried before a jury, the jury may view the work and premises if …

(70 ILCS 605/11-11) (from Ch. 42, par. 11-11) Sec. 11-11. Judgment. Upon the conclusion of the hearing, the court shall enter judgment according to its findings or according to the verdict of the jury, as the case may be. If judgment is entered for the payment of money, then the …

(70 ILCS 605/11-12) (from Ch. 42, par. 11-12) Sec. 11-12. Effect of judgment fixing annual benefits. A judgment fixing the amount of annual benefits between the parties constitutes the measure of liability between them for the repair, maintenance and operation of the work for whi…

(70 ILCS 605/11-13) (from Ch. 42, par. 11-13) Sec. 11-13. Limitation of action for benefits. No complaint or counterclaim seeking to establish liability for or to recoup or set off benefits under this Article may be filed more than 5 years after the completion of the work or the …

(70 ILCS 605/11-14) (from Ch. 42, par. 11-14) Sec. 11-14. Joint systems. Any 2 or more adjoining drainage districts may by contract establish joint systems of drains, levees, pumping plants or other works and provide for the construction, reconstruction, repair, maintenance and o…

(70 ILCS 605/11-15) (from Ch. 42, par. 11-15) Sec. 11-15. Approval of contract establishing joint system. The contract establishing the joint system shall be reduced to writing and before it becomes effective it must be approved by the court or courts having jurisdiction over the…

(70 ILCS 605/11-16) (from Ch. 42, par. 11-16) Sec. 11-16. Setting petition for hearing-Notice. Upon the filing of a petition for the approval of a contract establishing a joint system, it shall be presented to the court, which shall fix the date and hour for hearing. The clerk of…

(70 ILCS 605/11-17) (from Ch. 42, par. 11-17) Sec. 11-17. Hearing on Petition-Appeals. At such hearing, all persons interested shall have the right to appear and be heard. The court may approve or disapprove the contract or, with the consent of the parties to the contract, may mo…

(70 ILCS 605/11-2) (from Ch. 42, par. 11-2) Sec. 11-2. Liability for benefits conferred by districts. Whenever any work constructed or ordered to be constructed by any drainage district has benefited or will benefit lands outside of that district but within the boundaries of anot…

(70 ILCS 605/11-3) (from Ch. 42, par. 11-3) Sec. 11-3. Liability for benefits conferred by municipal corporations. Whenever any drainage or levee work constructed or ordered to be constructed by any municipal corporation exercising drainage powers has benefited or will benefit la…

(70 ILCS 605/11-4) (from Ch. 42, par. 11-4) Sec. 11-4. Contracts adjusting claims for benefits. Whenever a drainage district has a claim against another district or against a municipal corporation exercising drainage powers, or a municipal corporation exercising drainage powers h…

(70 ILCS 605/11-5) (from Ch. 42, par. 11-5) Sec. 11-5. Petition for approval of contracts adjusting claims for benefits. Before a contract adjusting a claim for benefits becomes effective it must be approved by the court or courts having jurisdiction over the drainage district or…

(70 ILCS 605/11-6) (from Ch. 42, par. 11-6) Sec. 11-6. Setting petition for hearing-Notice. Upon the filing of a petition for the approval of a contract settling and adjusting a claim for benefits it shall be presented to the court, which shall fix the date and hour for hearing. …

(70 ILCS 605/11-7) (from Ch. 42, par. 11-7) Sec. 11-7. Hearing on petition-Appeals. At such hearing all persons interested shall have the right to appear and be heard. The court may approve or disapprove the contract or, with the consent of the parties to the contract, may modify…

(70 ILCS 605/11-8) (from Ch. 42, par. 11-8) Sec. 11-8. Fixing proportionate share of costs when unable to agree. Whenever a drainage district has a claim against another district or against a municipal corporation exercising drainage powers, or a municipal corporation exercising …

(70 ILCS 605/11-9) (from Ch. 42, par. 11-9) Sec. 11-9. Counterclaims-Annual benefits. In any such proceeding, the defendant may, by counterclaim, set off or recoup any benefits which the defendant may have conferred upon the lands or other property in the plaintiff district or mu…

(70 ILCS 605/12-1) (from Ch. 42, par. 12-1) Sec. 12-1. Lands within district-Right to use district drains. A landowner within any drainage district has the right to use the ditches and drains of the district as outlets for any drains, either open or covered, which he may desire t…

(70 ILCS 605/12-10) (from Ch. 42, par. 12-10) Sec. 12-10. Penalty for failure or refusal of commissioner to perform duties-Removal from office. Any commissioner appointed under the provisions of this Act who wilfully fails or refuses to perform any duty imposed upon him by this A…

(70 ILCS 605/12-11) (from Ch. 42, par. 12-11) Sec. 12-11. Withdrawal of signature from petition. After a landowners petition has been filed with the court under any of the provisions of this Act, a petitioner may withdraw his signature from the petition only with the consent of a…

(70 ILCS 605/12-12) (from Ch. 42, par. 12-12) Sec. 12-12. Additional signers to petition. At any time before the conclusion of the hearing on a landowners petition filed with the court under any of the provisions of this Act, other landowners shall be permitted to join as petitio…

(70 ILCS 605/12-13) (from Ch. 42, par. 12-13) Sec. 12-13. Deeds, petitions and contracts in fraud of act. All deeds, made for the purpose of preventing or aiding the organization of a district or for the purpose of preventing or aiding any other proceeding taken under this Act, a…

(70 ILCS 605/12-14) (from Ch. 42, par. 12-14) Sec. 12-14. Separate petitions not required. Whenever the commissioners of a district petition the court for authority to do or perform any act or thing specified in this Act, such petition may also seek authorization from the court t…

(70 ILCS 605/12-15) (from Ch. 42, par. 12-15) Sec. 12-15. Continuances and amendments. Except as otherwise specifically provided in this Act, any hearing may be continued generally or to a day certain and from time to time as other civil cases. Any petition, report, assessment ro…

(70 ILCS 605/12-16) (from Ch. 42, par. 12-16) Sec. 12-16. Appeals. Unless otherwise provided in this Act, appeals may be taken from the final judgments or orders as in other civil cases. An appeal from a judgment on an assessment roll shall be taken in the time and manner as is n…