Chapter 70 — SPECIAL DISTRICTS

(70 ILCS 605/12-17) (from Ch. 42, par. 12-17) Sec. 12-17. Construction of act-Effect of omissions, imperfections or defects in proceedings. This Act shall be liberally construed to promote drainage for agricultural, sanitary and mining purposes. The collection of assessments shal…

(70 ILCS 605/12-18) (from Ch. 42, par. 12-18) Sec. 12-18. Insufficient notice-Default. If for any reason the clerk of the court fails to give proper notice of the hearing on any report, petition or assessment roll, such failure shall not be grounds for dismissing the report, peti…

(70 ILCS 605/12-19) (from Ch. 42, par. 12-19) Sec. 12-19. Cooperation with other public agencies. Commissioners of a district shall cooperate in the exchange of information pertaining to drainage with the commissioners of other districts and with local, State and Federal governme…

(70 ILCS 605/12-2) (from Ch. 42, par. 12-2) Sec. 12-2. Lands within district-Rights of drainage. Land included within a district shall continue to have the same rights of drainage, both common law and statutory, as land not within an organized drainage district, except insofar as…

(70 ILCS 605/12-20) (from Ch. 42, par. 12-20) Sec. 12-20. Annual assessments in existing districts-Changeover to this act. In any district heretofore organized or existing under the Levee Act in which, prior to the effective date of this Act, there has been levied an assessment o…

(70 ILCS 605/12-21) (from Ch. 42, par. 12-21) Sec. 12-21. Partial invalidity. The invalidity of any provision or Section of this Act shall not affect the validity of the remainder of this Act. (Source: Laws 1955, p. 512.)

(70 ILCS 605/12-22) (from Ch. 42, par. 12-22) Sec. 12-22. Repealing section. This Act is intended as a complete revision, consolidation and codification of all the statutes of this State relating to the organization and operation of drainage districts and the construction of drai…

(70 ILCS 605/12-23) (from Ch. 42, par. 12-23) Sec. 12-23. Saving clause. The repeal of a statute by this Act shall not affect any action pending or rights existing at the time this Act takes effect; neither shall this Act impair the validity of any proceedings taken or assessment…

(70 ILCS 605/12-24) (from Ch. 42, par. 12-24) Sec. 12-24. Effective date. This Act shall take effect on January 1, 1956. (Source: Laws 1955, p. 512.)

(70 ILCS 605/12-3) (from Ch. 42, par. 12-3) Sec. 12-3. Right of landowner to use right-of-way of district. The owner of any land over, through or across which a district has acquired a right-of-way for the construction and maintenance of an open or covered drain by grant, dedicat…

(70 ILCS 605/12-4) (from Ch. 42, par. 12-4) Sec. 12-4. Highway and railroad bridges. Whenever a district drain crosses an existing air-strip or airplane landing field owned by any county, township, city, village, Park District, Port District, airport authority, or any other polit…

(70 ILCS 605/12-5) (from Ch. 42, par. 12-5) Sec. 12-5. Farm bridges. In districts organized prior to June 28, 1919, under the Farm Drainage Act, the districts shall continue to be liable for the construction, reconstruction and maintenance of at least one bridge or proper passage…

(70 ILCS 605/12-6) (from Ch. 42, par. 12-6) Sec. 12-6. When land may be in more than one district. If the work of a district or a proposed district includes the construction of a levee to protect the lands within the district from overflow, or the erection and operation of a pump…

(70 ILCS 605/12-7) (from Ch. 42, par. 12-7) Sec. 12-7. Penalty for obstructing or injuring drain, drainage structure, levee or pumping plant. Whoever wilfully obstructs, injures or destroys any covered drain constructed through the lands of others as provided in Section 2-6 of th…

(70 ILCS 605/12-8) (from Ch. 42, par. 12-8) Sec. 12-8. Penalty for preventing entry by commissioners upon lands or right-of-way. Whoever wilfully prohibits, prevents or obstructs the commissioners of a district or their agents from going upon lands either within or outside of the…

(70 ILCS 605/12-9) (from Ch. 42, par. 12-9) Sec. 12-9. Penalty for preventing construction or repair of private drain. Whoever wilfully prohibits, prevents or delays the construction or repair of any drain through the land of others, as provided in Section 2-6, is guilty of a Cla…

(70 ILCS 605/2-1) (from Ch. 42, par. 2-1) Sec. 2-1. Land may be drained in course of natural drainage. Land may be drained in the general course of natural drainage by either open or covered drains. When such a drain is entirely upon the land of the owner constructing the drain, …

(70 ILCS 605/2-10) (from Ch. 42, par. 2-10) Sec. 2-10. Drains and levees for mutual benefit-Duration of easement. Drains and levees deemed to be for the mutual benefit of the lands connected or protected shall constitute a perpetual easement on such lands and shall not be filled,…

(70 ILCS 605/2-11) (from Ch. 42, par. 2-11) Sec. 2-11. Drains and levees for mutual benefit-Right to repair. The owner of any land connected to or protected by such a mutual drain or levee may, at his own expense, go upon the lands upon which the drain or levee is situated and re…

(70 ILCS 605/2-12) (from Ch. 42, par. 2-12) Sec. 2-12. Interference by Landowner-Penalty-Exceptions. The landowner shall not wilfully and intentionally interfere with any ditches or natural drains which cross his land in such manner that such ditches or natural drains shall fill …

(70 ILCS 605/2-13) (from Ch. 42, par. 2-13) Sec. 2-13. The county board in any county having a population of 250,000 or more may by ordinance require the person for whose benefit any drain tile is installed or constructed after the effective date of this Amendatory Act to, within…

(70 ILCS 605/2-2) (from Ch. 42, par. 2-2) Sec. 2-2. Extension of covered drain through land of others. When it is necessary for the owner of land which may be drained by a covered drain to extend such drain through the land of others in the general course of natural drainage in o…

(70 ILCS 605/2-3) (from Ch. 42, par. 2-3) Sec. 2-3. Extension of covered drain through land of others-Bond-Costs. At the time of commencing the action, the plaintiff shall file a bond in the penal sum of not less than $100 with surety to be approved by the clerk of the circuit co…

(70 ILCS 605/2-4) (from Ch. 42, par. 2-4) Sec. 2-4. Extension of covered drain through land of others-Plat-Profile. At the time of commencing the action, the plaintiff shall also file a map or plat showing the land proposed to be drained, the land across which the drain is propos…

(70 ILCS 605/2-5) (from Ch. 42, par. 2-5) Sec. 2-5. Extension of covered drain through land of others-Trial-Finding or verdict- Judgment. If, on the trial of the case, it is found that the proposed drain will be of ample capacity, will not materially damage the land of the defend…

(70 ILCS 605/2-6) (from Ch. 42, par. 2-6) Sec. 2-6. Extension of covered drain through land of others-Construction and maintenance of drain. The plaintiff, after paying or depositing the damages awarded and paying the costs taxed against him, may thereupon enter the premises of t…

(70 ILCS 605/2-7) (from Ch. 42, par. 2-7) Sec. 2-7. Extension of covered drain through land of others-Abandonment of proceedings. If, after obtaining such a judgment, the plaintiff elects not to construct the drain and to abandon the proceedings, the court shall note such volunta…

(70 ILCS 605/2-8) (from Ch. 42, par. 2-8) Sec. 2-8. Drains and levees for mutual benefit. When a ditch, covered drain or levee is, or has been, constructed by mutual license, consent or agreement, either separately or jointly, by the owners of adjoining lands so as to make a cont…

(70 ILCS 605/2-9) (from Ch. 42, par. 2-9) Sec. 2-9. Drains and levees for mutual benefit-Permission to connect. It is unlawful for any person to connect a ditch, covered drain or levee with any drain or levee deemed to be for the mutual benefit of the lands connected or protected…

(70 ILCS 605/3-1) (from Ch. 42, par. 3-1) Sec. 3-1. Drainage districts. Drainage districts may be formed to construct, maintain or repair drains or levees or to engage in other drainage or levee work for agricultural, sanitary or mining purposes. (Source: Laws 1955, p. 512.)

(70 ILCS 605/3-10) (from Ch. 42, par. 3-10) Sec. 3-10. Oath of temporary commissioners. Before entering on their duties and within 10 days after appointment, the temporary commissioners shall qualify by subscribing to an oath to discharge the duties of the office faithfully and w…

(70 ILCS 605/3-11) (from Ch. 42, par. 3-11) Sec. 3-11. Filling vacancies-Removal from office. If for any reason a vacancy occurs in the office of temporary commissioner, the appropriate appointing authority shall appoint a successor, without notice, or upon such notice as the app…

(70 ILCS 605/3-12) (from Ch. 42, par. 3-12) Sec. 3-12. Organization of temporary commissioners-Quorum. The temporary commissioners shall elect one of their number as chairman and may elect one of their number as secretary. A majority shall constitute a quorum, and the concurrence…

(70 ILCS 605/3-13) (from Ch. 42, par. 3-13) Sec. 3-13. Duties of temporary commissioners. The temporary commissioners shall examine the area proposed to be included in the district and the land upon which any portion of the drainage system is proposed to be constructed. They shal…

(70 ILCS 605/3-14) (from Ch. 42, par. 3-14) Sec. 3-14. Employment of engineer-Engineer's report. The temporary commissioners shall, unless otherwise authorized by the court, employ an engineer who shall be a registered professional engineer competent in the design and operation o…

(70 ILCS 605/3-15) (from Ch. 42, par. 3-15) Sec. 3-15. Report of temporary commissioners. The temporary commissioners shall report in writing to the court on or before the date fixed for the filing of their report. If they are not ready to report by that date, they shall obtain a…

(70 ILCS 605/3-16) (from Ch. 42, par. 3-16) Sec. 3-16. Petition to add lands to proposed district. Any person owning land adjoining the proposed district may, at any time at least 10 days prior to the hearing on the report of the temporary commissioners, petition the court to hav…

(70 ILCS 605/3-17) (from Ch. 42, par. 3-17) Sec. 3-17. Setting report for hearing. The report of the temporary commissioners shall be presented to the court on the date last fixed for the filing of the report and the court shall then fix the date and hour for the hearing thereon …

(70 ILCS 605/3-18) (from Ch. 42, par. 3-18) Sec. 3-18. Notice of hearing on report. If the temporary commissioners recommend in their report that the district be organized and that additional land be included in the proposed district, they shall file with their report their affid…

(70 ILCS 605/3-19) (from Ch. 42, par. 3-19) Sec. 3-19. Other districts or municipal corporations as defendants. If the temporary commissioners recommend in their report that the district be organized and report that there is land which will be benefited by the proposed work lying…

(70 ILCS 605/3-2) (from Ch. 42, par. 3-2) Sec. 3-2. Names of districts. A district which is organized as an outlet drainage district shall include the term "outlet drainage district" in its name. A district which maintains levees shall include the term "drainage and levee distric…

(70 ILCS 605/3-20) (from Ch. 42, par. 3-20) Sec. 3-20. Hearing on report. Any owner of land in the proposed district or in any other district or municipal corporation made a party defendant may, at or prior to the time fixed for hearing, file objections opposing the confirmation …

(70 ILCS 605/3-21) (from Ch. 42, par. 3-21) Sec. 3-21. Modification of report. If, after hearing the evidence, the court finds that the report of the temporary commissioners should be modified in any particular to provide the best drainage or protection for the lands in the propo…

(70 ILCS 605/3-22) (from Ch. 42, par. 3-22) Sec. 3-22. Dismissal of proceedings. If, at the conclusion of the hearing, the court finds that the benefits to the lands in the proposed district from the proposed work or from any modification thereof will not exceed the cost to those…

(70 ILCS 605/3-23) (from Ch. 42, par. 3-23) Sec. 3-23. Order organizing district. If, at the conclusion of the hearing, the court approves the plans for the proposed work or any modification thereof and finds that the benefits to the land in the proposed district from such work w…

(70 ILCS 605/3-24) (from Ch. 42, par. 3-24) Sec. 3-24. Effect of order organizing district. When the order organizing the district is given or made, the district shall become and be a body politic and corporate under the name set forth in such order, with the right to sue and be …

(70 ILCS 605/3-25) (from Ch. 42, par. 3-25) Sec. 3-25. Appeals from order organizing district. The order organizing the district shall be final, and separate or joint appeals may be taken by the parties affected thereby as in other civil cases. However, the taking of an appeal or…

(70 ILCS 605/3-26) (from Ch. 42, par. 3-26) Sec. 3-26. Alternate method of organization - Referendum. As an alternate to the method of organizing a drainage district hereinbefore provided in this Article, proceedings for the organization of a district may also be instituted upon …

(70 ILCS 605/3-27) (from Ch. 42, par. 3-27) Sec. 3-27. Organization of drainage district by user. Where 2 or more parties owning adjoining or contiguous lands, or their predecessors in title, have, by voluntary action, constructed a combined system of drains, a combined system of…

(70 ILCS 605/3-28) (from Ch. 42, par. 3-28) Sec. 3-28. Outlet drainage districts-Organization. Outlet drainage districts may be organized in the manner provided in Sections 3-3 through 3-26: (a) When an open drain, whether natural or artificial, or partly natural and partly artif…