70 ILCS 605/12-5
2021 Illinois Compiled Statutes|Chapter 70 - SPECIAL DISTRICTS|70 ILCS 605/ - Illinois Drainage Code.|Article XII - Miscellaneous Provisions--Penalties

 (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 passageway  over each open ditch constructed or ordered constructed prior to the  effective date of this Act where the same crosses any enclosed tract or  parcel of land in such a manner that a portion thereof is landlocked and  has no access from any public highway other than by a bridge or passageway  over the ditch. The cost of constructing, reconstructing and maintaining  such bridge or crossing shall be paid by the district, except that the  commissioners may contract with the owner of any land crossed by the ditch  for such owner to construct, reconstruct and maintain any such bridge or  crossing, or they may enter into any other agreement with such owner by  which the district may be relieved of or released from such liability. If  the commissioners and the owner are unable to reach such an agreement, the  district may cause the amount of compensation to be paid for a release from  such liability to be determined in the manner provided in Section 4-17 of  this Act.In districts organized under the Farm Drainage Act prior to June 28,  1919, as to ditches ordered constructed after the effective date of this  Act, and in all other districts, whether organized under this Act or any  prior act, the district is not required to construct, reconstruct, enlarge  or maintain any farm bridge or other private bridge across a district  ditch, but the cost thereof, when occasioned by the work of the district,  shall be taken into consideration in determining the amount to be allowed  to the landowner for damages to land not taken. Nothing contained in this  paragraph shall be construed to prevent such damages from being fixed by  agreement of the parties or to prevent the district from assuming liability  for the construction, reconstruction, enlargement and maintenance of a farm  bridge or other private bridge in order to reduce the amount of damages to  which the owner may be entitled.If a district, by deepening, widening or straightening a natural drain,  or by changing the established grade, width or alignment of a ditch,  removes or threatens to remove the support from under any abutment, pier,  wingwall or other supporting member of a private bridge, the district is  liable to the owner for the cost of protecting or underpinning such  abutment, pier, wingwall or other supporting member. The amount of such  liability may be fixed and determined by agreement between the  commissioners and the owner, or by the allowance of damages to land not  taken in the assessment proceeding or, if there is no assessment  proceeding, or, then by a separate action at law. Nothing contained in this  paragraph shall be construed as requiring the district to build or enlarge  any farm bridge or other private bridge and neither shall it be construed  as altering or in any way affecting any agreement between the district and  the owner relieving or releasing the district from liability for the  construction, reconstruction, enlargement or maintenance of a bridge.    (Source: Laws 1955, p. 512.)