Chapter 70 — SPECIAL DISTRICTS

(70 ILCS 605/4-40) (from Ch. 42, par. 4-40) Sec. 4-40. Liability of Drainage Districts and Commissioners-Indemnification. No commissioner shall be personally responsible or liable for any injury, death or damage to property which may be caused, in whole or in part, by the neglige…

(70 ILCS 605/4-45) Sec. 4-45. Flood prevention districts; reporting requirement; control. If a flood prevention district has been formed under the Flood Prevention District Act, the flood prevention district shall have the exclusive authority within such areas as designated by th…

(70 ILCS 605/4-5) (from Ch. 42, par. 4-5) Sec. 4-5. Election of Commissioners in Districts organized under Farm Drainage Act and certain other Districts. Commissioners for all districts which, at the time this Act becomes effective, are operating and existing under the provisions…

(70 ILCS 605/4-6) (from Ch. 42, par. 4-6) Sec. 4-6. Change from election to appointment of Commissioners in certain districts. In all districts which were operating and existing under the provisions of the Farm Drainage Act at the time this Act became effective and in districts w…

(70 ILCS 605/4-7) (from Ch. 42, par. 4-7) Sec. 4-7. Appointment of commissioners in districts organized under Levee Act and certain other districts. In all districts which, at the time this Act goes into effect, were operating and existing under the provisions of the Levee Act, o…

(70 ILCS 605/4-8) (from Ch. 42, par. 4-8) Sec. 4-8. Change from appointment to election of commissioners in certain districts. In any district, whether heretofore or hereafter organized, 10 per cent or more of the adult landowners may petition the court to change the method of se…

(70 ILCS 605/4-9) (from Ch. 42, par. 4-9) Sec. 4-9. Single commissioner. Whenever the drains, levees or other work for the construction of which the district was organized are completed, then the appointing authority may, upon the petition of adult landowners owning a majority of…

(70 ILCS 605/5-1) (from Ch. 42, par. 5-1) Sec. 5-1. Scope of Article - Kinds of Assessments - Limits on Assessments. The commissioners of a district may levy and collect assessments in the manner provided by this Article. Assessments shall be known and designated as "original ass…

(70 ILCS 605/5-10) (from Ch. 42, par. 5-10) Sec. 5-10. Original assessments-Assessment roll as prima facie evidence. The assessment roll shall constitute the claim of the commissioners on behalf of the district against the several tracts of land and other property and, when offer…

(70 ILCS 605/5-11) (from Ch. 42, par. 5-11) Sec. 5-11. Original assessments-View of land-Organization of jury. When a request for a view of the land by the jury has been made in writing by any interested party prior to the commencement of the trial before the jury, and has not be…

(70 ILCS 605/5-12) (from Ch. 42, par. 5-12) Sec. 5-12. Original assessments-Jury's verdict. The court shall cause to be prepared and shall submit to the jury a form of verdict, which shall, in all instances, contain the names of the owners, and the description of the land or othe…

(70 ILCS 605/5-13) (from Ch. 42, par. 5-13) Sec. 5-13. Original assessments-Order approving roll or confirming verdict. If no trial by jury is held, the court shall determine whether the assessments of benefits, compensation and damages and the annual maintenance assessments, if …

(70 ILCS 605/5-14) (from Ch. 42, par. 5-14) Sec. 5-14. Original assessments - Recording - Certified copies of roll. Immediately after the entry of judgment, the clerk shall make out and certify copies of the assessment roll or verdict pertaining to lands and other property of the…

(70 ILCS 605/5-15) (from Ch. 42, par. 5-15) Sec. 5-15. Original assessments-Appeals. The commissioners or any other interested party may appeal as in other civil cases from a judgment on any assessment in the same time and manner as is now or may hereafter be provided for taking …

(70 ILCS 605/5-16) (from Ch. 42, par. 5-16) Sec. 5-16. Additional Assessments. Whenever the commissioners have been authorized by the court to levy an additional assessment, and no additional assessment roll was filed with their petition for such authority, then they shall prepar…

(70 ILCS 605/5-17) (from Ch. 42, par. 5-17) Sec. 5-17. When original and additional assessments become due; interest; lien; release. (a) Original and additional assessments are due and payable 30 days after the date of the order of the court approving the assessment roll or confi…

(70 ILCS 605/5-18) (from Ch. 42, par. 5-18) Sec. 5-18. Alternate method of levying additional assessments for repair work in districts organized under the Farm Drainage Act. Whenever the commissioners of any district which, at the time this Act becomes effective, are operating an…

(70 ILCS 605/5-19) (from Ch. 42, par. 5-19) Sec. 5-19. Annual maintenance assessments-Establishment. Whenever the commissioners have been authorized by the court to levy or to increase an annual maintenance assessment, and no annual maintenance assessment roll was filed with the …

(70 ILCS 605/5-2) (from Ch. 42, par. 5-2) Sec. 5-2. Original assessments - Property subject to assessment. Upon the Organization of the district, the commissioners shall proceed to make out their assessment roll of benefits, damages and compensation, and they shall include therei…

(70 ILCS 605/5-20) (from Ch. 42, par. 5-20) Sec. 5-20. Annual maintenance assessments - Certificate of levy - Extension of assessment. During the month of November in each year, the commissioners of each district in which an annual maintenance assessment roll has been approved or…

(70 ILCS 605/5-20.1) (from Ch. 42, par. 5-20.1) Sec. 5-20.1. In districts where the county collector collects all drainage assessments provided for by this Act, it shall be the duty of the drainage district commissioners to cause an examination of county general tax records at le…

(70 ILCS 605/5-21) (from Ch. 42, par. 5-21) Sec. 5-21. Annual maintenance assessments-Lien-When assessments become due. Annual maintenance assessments are due and payable and are a lien upon the land and other property included in the annual maintenance assessment roll upon the f…

(70 ILCS 605/5-22) (from Ch. 42, par. 5-22) Sec. 5-22. Assessments on omitted lands and curing defects in prior assessments. When it appears to the commissioners that by reason of omission, mistake, irregularity or improper or insufficient notice or for any other reason not affec…

(70 ILCS 605/5-23) (from Ch. 42, par. 5-23) Sec. 5-23. Collection of original and additional assessments-Notice. The collector of any drainage district, upon receiving a certified copy of the original or any additional assessment roll, shall collect promptly all assessments, inst…

(70 ILCS 605/5-24) (from Ch. 42, par. 5-24) Sec. 5-24. Delinquent assessments-Report to county collectors. Any original or additional assessment, installment, or interest on assessments or installments not paid on or before the date on which the same becomes due shall be deemed d…

(70 ILCS 605/5-25) (from Ch. 42, par. 5-25) Sec. 5-25. Foreclosure of assessments-Acceleration.) When any original or additional assessment, any installment of any assessment, or any annual maintenance assessment or any interest on any assessment is delinquent and the land or oth…

(70 ILCS 605/5-26) (from Ch. 42, par. 5-26) Sec. 5-26. Receivers.) The court in which a foreclosure suit is pending may, upon motion of the commissioners and without bond, appoint a receiver of the rents, issues and profits of any land or other property which is the subject matte…

(70 ILCS 605/5-27) (from Ch. 42, par. 5-27) Sec. 5-27. Rebate of assessments illegally levied and collected. When an assessment or a portion of an assessment has been illegally levied and has been collected and no lien has attached to the funds so collected, the commissioners may…

(70 ILCS 605/5-28) (from Ch. 42, par. 5-28) Sec. 5-28. Rebate and abatement of excess assessments-Commissioners' petition. When the individual assessments have been completely paid and the purposes for which the assessment was levied have been accomplished and the funds remaining…

(70 ILCS 605/5-29) (from Ch. 42, par. 5-29) Sec. 5-29. Rebate and abatement of excess assessment - Landowners' petition. When any landowner has requested the commissioners to initiate proceedings to rebate, or to rebate and abate, a portion of an assessment under Section 5-28 and…

(70 ILCS 605/5-3) (from Ch. 42, par. 5-3) Sec. 5-3. Original Assessments - Assessment Roll. (1) In their assessment roll, the commissioners shall set down in proper columns (a) the name and address of the owner, when known, of each tract of land (including lots, railroad tracks a…

(70 ILCS 605/5-30) (from Ch. 42, par. 5-30) Sec. 5-30. Roll of rebated, or rebated and abated assessments. When an assessment or a portion of an assessment is ordered rebated and abated then the individual assessments which have been paid, or partially paid, shall be reduced in t…

(70 ILCS 605/5-31) (from Ch. 42, par. 5-31) Sec. 5-31. Division of Assessment when Ownership is Divided. If, at any time, the ownership of any tract of land is divided in a manner other than that described in any assessment roll and such assessment, or a portion thereof, is unpai…

(70 ILCS 605/5-4) (from Ch. 42, par. 5-4) Sec. 5-4. Original assessments-Filing and setting for hearing. The assessment roll shall be filed with the court and be presented to the court, which shall fix the date and hour for hearing thereon. (Source: Laws 1955, p. 512.)

(70 ILCS 605/5-5) (from Ch. 42, par. 5-5) Sec. 5-5. Original assessments - Notice of hearing - Contents of notice. The clerk of the court shall give notice of the hearing on the assessment roll in the manner and for the length of time provided in Section 5-6. The notice shall be …

(70 ILCS 605/5-6) (from Ch. 42, par. 5-6) Sec. 5-6. Original Assessments - Time and Manner of Giving Notice. Notice of the hearing on the assessment roll shall be given in the manner and for the length of time provided in Section 4-22. The commissioners shall, at least 10 days pr…

(70 ILCS 605/5-7) (from Ch. 42, par. 5-7) Sec. 5-7. Original assessments - Right to jury. The commissioners and any parties interested have the right to a trial by jury upon all questions as to benefits and damages to any lands and property affected, if a written demand for a jur…

(70 ILCS 605/5-8) (from Ch. 42, par. 5-8) Sec. 5-8. Original assessments-Objections-Hearing. Any party interested may at or prior to the time fixed for hearing, file objections to the assessment roll, or any portion thereof and, after filing such objections, may be heard with ref…

(70 ILCS 605/5-9) (from Ch. 42, par. 5-9) Sec. 5-9. Original assessments - Oath of jury. When the jury has been selected, the court shall cause the following oath to be administered to the jury: "You and each of you do solemnly swear (or affirm) that you will well and truly ascer…

(70 ILCS 605/6-1) (from Ch. 42, par. 6-1) Sec. 6-1. Advertising for Bids on Construction Work and Purchases. Whenever the cost of any work to be performed by the district or the cost of any machinery, equipment, materials or supplies to be purchased by the district will exceed $2…

(70 ILCS 605/6-10) (from Ch. 42, par. 6-10) Sec. 6-10. Extending payment of assessments-Refunding bonds. The time of payment of any assessment or any installment thereof may be extended, in whole or in part, whether due or not due, and any notes or bonds of the district, or any p…

(70 ILCS 605/6-11) (from Ch. 42, par. 6-11) Sec. 6-11. Extending payment of assessments-Notice. When a petition is filed as provided in Section 6-10, the court shall fix the date and hour for hearing. The clerk of the court shall give notice of the hearing, which shall be entitle…

(70 ILCS 605/6-12) (from Ch. 42, par. 6-12) Sec. 6-12. Extending payment of assessments; hearing; order. The court shall hear such petition and make such order as it deems proper. The court may order the time of payment of any such assessments or one or more installments of asses…

(70 ILCS 605/6-13) (from Ch. 42, par. 6-13) Sec. 6-13. Extending payment of assessments-Withdrawal of delinquent assessments- Release of forfeited lands. Whenever the time of payment of any assessment, installment or portion thereof has been extended as provided in this Article a…

(70 ILCS 605/6-14) (from Ch. 42, par. 6-14) Sec. 6-14. Depository for district funds. Upon request by the treasurer, the commissioners shall designate one or more banks or savings and loan associations as the depository for funds received by the treasurer by virtue of his office.…

(70 ILCS 605/6-15) (from Ch. 42, par. 6-15) Sec. 6-15. Paying out district funds. The treasurer shall pay out district funds only upon a written order signed by a majority of the commissioners, or upon the order of court, and shall carefully preserve all such orders. Notes, bonds…

(70 ILCS 605/6-16) (from Ch. 42, par. 6-16) Sec. 6-16. Treasurer's Account. The treasurer shall keep an accurate account of all moneys received and disbursed, and on or before the 1st day of November in each year, and at such other times as required by the commissioners, he shall…

(70 ILCS 605/6-2) (from Ch. 42, par. 6-2) Sec. 6-2. Emergency work-Waiver of requirement for bids. The provisions of Section 6-1 shall not apply to the performance of work by the district in the protection, operation or repair of its levees, pumping plants or drainage system duri…

(70 ILCS 605/6-3) (from Ch. 42, par. 6-3) Sec. 6-3. Interest of commissioner in contracts forbidden. No commissioner shall be interested, directly or indirectly, in any contract for the performance of any work by the district, whether original, additional, repair or maintenance, …

(70 ILCS 605/6-4) (from Ch. 42, par. 6-4) Sec. 6-4. Contracts with highway authorities or railroads for construction, maintenance and use of levees. The commissioners may contract with highway authorities or with any person, firm or corporation operating a railroad, to construct …