Chapter 70 — SPECIAL DISTRICTS

(70 ILCS 605/3-29) (from Ch. 42, par. 3-29) Sec. 3-29. Outlet drainage districts-Commissioners-Powers. Commissioners, both temporary and permanent, shall be appointed for outlet drainage districts at the time and in the manner and with like qualifications provided in this Act for…

(70 ILCS 605/3-3) (from Ch. 42, par. 3-3) Sec. 3-3. Petition. A drainage district may be organized upon petition signed by 20% of the adult owners owning more than one-fourth of the land in the proposed district; or by more than one-fourth of the adult owners owning a major porti…

(70 ILCS 605/3-30) (from Ch. 42, par. 3-30) Sec. 3-30. Outlet drainage districts-Lands included in other districts. The fact that land is in an outlet drainage district shall not, in itself, prevent that land from thereafter being included in another drainage district. (Source: L…

(70 ILCS 605/3-31) (from Ch. 42, par. 3-31) Sec. 3-31. Mutual Drainage Districts. Owners of lands which require combined drainage or combined drainage and protection from overflow may form a drainage district by mutual agreement, to include lands of their own only, by an instrume…

(70 ILCS 605/3-4) (from Ch. 42, par. 3-4) Sec. 3-4. Setting petition for hearing. Upon the filing of the petition, it shall be presented to the court, which shall fix the date and hour for hearing. (Source: Laws 1955, p. 512.)

(70 ILCS 605/3-5) (from Ch. 42, par. 3-5) Sec. 3-5. Notice of hearing. The clerk of the circuit court shall give notice of the hearing on the petition in the manner provided in Section 3-6. The notice shall be entitled "Drainage Notice" and must state: (a) in what court and on wh…

(70 ILCS 605/3-6) (from Ch. 42, par. 3-6) Sec. 3-6. Time and manner of giving notice. Notice of the hearing on the petition shall be given by publishing the notice in a newspaper of general circulation published in the county in which the proposed district is situated. The notice…

(70 ILCS 605/3-7) (from Ch. 42, par. 3-7) Sec. 3-7. Hearing. At the hearing, the court shall determine whether or not the requisite number of owners owning the required acreage of land signed the petition or joined as petitioners. The affidavit of one or more credible persons may…

(70 ILCS 605/3-8) (from Ch. 42, par. 3-8) Sec. 3-8. Findings and determinations by the court. If the court finds that the petition has not been signed as required by Section 3-3 or that the petition does not otherwise fulfill the requirements of Section 3-3, it shall dismiss the …

(70 ILCS 605/3-9) (from Ch. 42, par. 3-9) Sec. 3-9. Appointment of temporary commissioners - Continuance. If the Court finds for the petitioners, it shall notify the appropriate appointing authority which shall be the county board or in home rule counties as defined by Article VI…

(70 ILCS 605/4-1) (from Ch. 42, par. 4-1) Sec. 4-1. Appointment of Commissioners. Upon the organization of the district, the temporary commissioners shall continue as permanent commissioners and shall hold office until the first Tuesday in September following the organization of …

(70 ILCS 605/4-10) (from Ch. 42, par. 4-10) Sec. 4-10. Filling vacancies in appointive commissioners-Removal from office. If, for any reason, a vacancy occurs in the office of commissioner in a district in which the commissioners are appointed the appointing authority may appoint…

(70 ILCS 605/4-11) (from Ch. 42, par. 4-11) Sec. 4-11. Organization of Commissioners-Quorum.) The commissioners shall elect one of their number as chairman and shall elect a secretary, who may or may not be a commissioner. A majority of the commissioners constitutes a quorum, and…

(70 ILCS 605/4-12) (from Ch. 42, par. 4-12) Sec. 4-12. Meetings of Commissioners-Minutes. The commissioners shall hold an annual meeting of the district each November in the county in which the district is organized. The commissioners shall fix the time, date and place of the mee…

(70 ILCS 605/4-13) (from Ch. 42, par. 4-13) Sec. 4-13. Pay of commissioners. Each commissioner shall receive for his services a sum not to exceed $30 per day for each day he is actually engaged in the business of his office, and he shall be reimbursed for his necessary traveling …

(70 ILCS 605/4-14) (from Ch. 42, par. 4-14) Sec. 4-14. General powers of commissioners. The commissioners constitute the corporate authorities of the district and shall exercise the corporate functions conferred by law. The commissioners are empowered to: (a) adopt and use a corp…

(70 ILCS 605/4-15) (from Ch. 42, par. 4-15) Sec. 4-15. Duty to Keep System in Repair-Minor Improvements.) The commissioners shall make an annual inspection of all the district's improvements and works and keep the drains, levees, pumping plants and other works of the district in …

(70 ILCS 605/4-15.1) (from Ch. 42, par. 4-15.1) Sec. 4-15.1. Protection of environmental values. In performing any of the duties and in exercising any of the powers provided in this Code, the commissioners shall use all practicable means and measures, including consideration of a…

(70 ILCS 605/4-16) (from Ch. 42, par. 4-16) Sec. 4-16. Specific powers of commissioners-Court approval. When authorized by the court, the commissioners may: (a) construct additional drains, ditches, levees or other works necessary for the drainage or protection of the lands in th…

(70 ILCS 605/4-16a) (from Ch. 42, par. 4-16a) Sec. 4-16a. Prompt payment. Purchases made pursuant to this Act shall be made in compliance with the Local Government Prompt Payment Act. (Source: P.A. 86-297.)

(70 ILCS 605/4-17) (from Ch. 42, par. 4-17) Sec. 4-17. Acquisition of property - Eminent domain. Whenever an order has been entered by the court authorizing the performance of any work, either within or outside of the district, the commissioners shall proceed to acquire all lands…

(70 ILCS 605/4-17.5) Sec. 4-17.5. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act. (Source: P…

(70 ILCS 605/4-18) (from Ch. 42, par. 4-18) Sec. 4-18. Authority to levy assessments. In order to perform and carry out the duties imposed and powers granted by this Act or to perform or construct any work authorized by the court, the commissioners may, in the manner provided by …

(70 ILCS 605/4-19) (from Ch. 42, par. 4-19) Sec. 4-19. Obtaining court authorization. If the commissioners determine that it is necessary or advisable (a) to exercise any of the specific powers conferred upon them by Section 4-16 of this Act, or (b) to levy an additional assessme…

(70 ILCS 605/4-2) (from Ch. 42, par. 4-2) Sec. 4-2. Petition for appointment of commissioners. Whenever a petition signed by a majority of the total number of adult landowners who together own a majority of the area embraced in the district requesting the appointment of an indivi…

(70 ILCS 605/4-20) (from Ch. 42, par. 4-20) Sec. 4-20. Setting petition for hearing. Upon the filing of the petition it shall be presented to the court, which shall fix the date and hour for hearing. (Source: Laws 1955, p. 512.)

(70 ILCS 605/4-21) (from Ch. 42, par. 4-21) Sec. 4-21. Notice of hearing. The petitioners or the clerk of the court shall give notice of the hearing in the manner provided in Section 4-22, except that if the petition does not pray for authority to levy an assessment, then the cle…

(70 ILCS 605/4-22) (from Ch. 42, par. 4-22) Sec. 4-22. Time and manner of giving notice. Notice of the hearing on the petition, unless other notice is directed by the court as provided in Section 4-21, shall be given by publishing the notice in a newspaper of general circulation …

(70 ILCS 605/4-23) (from Ch. 42, par. 4-23) Sec. 4-23. Objections-Hearing. Any landowner in the district or other party defendant may, at or prior to the time fixed for hearing, file objections to the petition, or any portion thereof, or request that the petition be modified in a…

(70 ILCS 605/4-24) (from Ch. 42, par. 4-24) Sec. 4-24. Findings - Dismissal - Order. If, at the conclusion of the hearing, the court finds that it is not necessary or advisable to construct any of the proposed work or to make any of the proposed changes or to exercise any of the …

(70 ILCS 605/4-25) (from Ch. 42, par. 4-25) Sec. 4-25. Contingency Fund. In districts which have an annual maintenance assessment, the commissioners may build up and maintain a contingency fund to meet emergencies arising from flood, overflow or act of God to meet maintenance exp…

(70 ILCS 605/4-26) (from Ch. 42, par. 4-26) Sec. 4-26. Settlement of disputes. In the event of dispute or disagreement between the commissioners and any owner of land in the district with regard to the nature and extent of the drainage system or with regard to the duties and obli…

(70 ILCS 605/4-27) (from Ch. 42, par. 4-27) Sec. 4-27. Contracts, Agreements and Cooperation. The commissioners, subject to the approval of the court, shall have the power and authority: (a) To levy and collect assessments as provided in this Act, when such assessments become nec…

(70 ILCS 605/4-28) (from Ch. 42, par. 4-28) Sec. 4-28. Sale of district owned real estate-Power of court. The court has power to: (a) authorize the commissioners to sell at public sale and convey any real estate acquired by any district at any foreclosure sale or at any general t…

(70 ILCS 605/4-29) (from Ch. 42, par. 4-29) Sec. 4-29. Sale of district owned real estate - petition - notice - hearing - order. When the commissioners deem it advisable to sell any real estate owned by the district, they shall petition the court for an order authorizing such sal…

(70 ILCS 605/4-3) (from Ch. 42, par. 4-3) Sec. 4-3. Qualifications of Commissioners. No person shall be appointed or elected commissioner of a district who is not an adult resident of Illinois. Neither shall any person be appointed or elected commissioner of a district who does n…

(70 ILCS 605/4-30) (from Ch. 42, par. 4-30) Sec. 4-30. Leasing right-of-way and other district property - Easements - Licenses. The commissioners of any drainage district, subject to the approval of the court, shall have power: (a) On such terms as the commissioners may determine…

(70 ILCS 605/4-31) (from Ch. 42, par. 4-31) Sec. 4-31. Other powers and duties of commissioners. In addition to the powers and duties provided in this Article, the commissioners shall have such other powers and duties as may be specified elsewhere in this Act. (Source: Laws 1955,…

(70 ILCS 605/4-32) (from Ch. 42, par. 4-32) Sec. 4-32. Financial Reports of Commissioners. On or before the last day of November in each year, and more often if the court so requires, the commissioners shall make a report, under oath, to the court, showing the amount of money col…

(70 ILCS 605/4-32.1) (from Ch. 42, par. 4-32.1) Sec. 4-32.1. List of Active Commissioners. On or before the last day in December of each year, the commissioners shall file a list of active commissioners with the clerk of the circuit court of the county in which the district is or…

(70 ILCS 605/4-33) (from Ch. 42, par. 4-33) Sec. 4-33. Report on completion of work. Commissioners may (and if money has been or will be borrowed to provide funds for the performance of the work, then the commissioners shall), within 60 days after the completion of any specific w…

(70 ILCS 605/4-33.1) (from Ch. 42, par. 4-33.1) Sec. 4-33.1. Maps.) The commissioners shall file with the circuit clerk and the county clerk of the county in which the district is organized a map showing the boundaries of the districts and the location of all works of improvement…

(70 ILCS 605/4-34) (from Ch. 42, par. 4-34) Sec. 4-34. Commissioners as officers of court-Verified petition or report as prima facie evidence. The commissioners of a drainage district are officers of the court and as such shall be under the control of the court. Whenever the comm…

(70 ILCS 605/4-35) (from Ch. 42, par. 4-35) Sec. 4-35. Clerk of the Circuit Court as District Clerk-Drainage Record.) The clerk of the circuit court of the county in which a district is organized is, ex officio, the clerk of that district. He shall maintain for each district orga…

(70 ILCS 605/4-35.1) (from Ch. 42, par. 4-35.1) Sec. 4-35.1. County Clerk-Composite Map.) The county clerk shall compile and keep a composite map showing the boundaries of all drainage districts organized in the county. (Source: P.A. 80-579.)

(70 ILCS 605/4-36) Sec. 4-36. (Repealed). (Source: Repealed by P.A. 88-30.)

(70 ILCS 605/4-37) (from Ch. 42, par. 4-37) Sec. 4-37. County collector to collect assessments. Except as hereinafter provided in Section 4-38, the County Collector of the County in which any of the lands of the district are situated shall collect all drainage assessments provide…

(70 ILCS 605/4-38) (from Ch. 42, par. 4-38) Sec. 4-38. District treasurer; collector. (a) The commissioners shall appoint a treasurer of the district. The individual serving as treasurer shall be a resident of this State and shall be bonded for the faithful performance of his dut…

(70 ILCS 605/4-39) (from Ch. 42, par. 4-39) Sec. 4-39. Clerks, treasurers and collectors of districts organized under prior acts. In all districts organized or existing under a prior act repealed by this Act the clerks, treasurers and collectors thereof shall be selected in the s…

(70 ILCS 605/4-4) (from Ch. 42, par. 4-4) Sec. 4-4. Oath of Commissioners-Bond of Commissioners.) Before entering on his duties each commissioner appointed or elected under this Act shall qualify by subscribing to an oath to discharge the duties of his office faithfully and witho…