70 ILCS 605/4-17
2021 Illinois Compiled Statutes|Chapter 70 - SPECIAL DISTRICTS|70 ILCS 605/ - Illinois Drainage Code.|Article IV - Commissioners And Other Officers--Selection, Qualifications, Powers And Duties

 (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, easements, rights-of-way  and other property or interests therein which may be necessary to the  performance of such work. The commissioners may enter into agreements with  landowners to pay reasonable compensation therefor and may use or commit  the corporate funds of the district for such purposes without regard to  whether such funds are on hand or are yet to be levied or collected.  Whenever the commissioners are unable to agree with any landowner or other  interested person on the amount of compensation to be paid, or whenever any  person interested is not competent to contract or his name or residence is  unknown or he is a non-resident of this state, then the commissioners may,  on behalf of the district, acquire any such lands, easements,  rights-of-way, properties and interests, whether privately owned, publicly  owned or held for the use of the public, by the exercise of the right of  eminent domain.(a) Complaints seeking to take property in the exercise  of the right of  eminent domain may be filed by the commissioners in any court of competent  jurisdiction, in the manner now or as may hereafter be provided by statute.(b) When the property sought to be taken is situated within the  boundaries of the district, or when the property sought to be taken is not  situated within the boundaries of the district but is situated within the  county in which the district is organized, the commissioners may acquire  the same and have the compensation fixed in conjunction with and as a part  of their assessment proceedings. The commissioners shall, in such event,  set forth in the assessment roll, or in an application  filed therewith, a  description of the property sought to be taken and the amount of the  compensation allowed by them. The property so sought to be taken shall be  described by reference to the plats, plans and specifications on file with  and approved by the court, by metes and bounds, by setting forth in general  terms a description of the course, width and area of the right-of-way or  easement to be acquired and a general description of the property over,  across or upon which the same is to be located, or by any combination of  these methods, or by any other method which will sufficiently describe the  property sought to be taken. The compensation for property taken and the  damages to property not taken, if any, shall thereupon be fixed and  determined at the hearing on the assessment roll.(c) Every owner of property sought to be taken and every other person  interested in such property shall be made a party defendant in the  proceeding and shall be served with process or given notice as in other  civil cases.(d) When the court finds that it is in the best interests of the  district to acquire the fee instead of a necessary lesser interest in land  and that the fee can be acquired by agreement with the landowner, then the  court may authorize the commissioners to purchase the fee. Commissioners  may, on behalf of the district, accept a gift or legacy of the fee or any  lesser interest in land.    (Source: P.A. 83-388.)