70 ILCS 605/12-4
2021 Illinois Compiled Statutes|Chapter 70 - SPECIAL DISTRICTS|70 ILCS 605/ - Illinois Drainage Code.|Article XII - Miscellaneous Provisions--Penalties

 (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 political subdivision or  municipality of this state, or which is owned, controlled, operated or  leased by another state or a political subdivision of another state under  the provisions of Sections 25.01 to 25.04, both inclusive, of the "Illinois  Aeronautics Act", or an existing public highway or an existing railroad  other than in the course of natural drainage, the district is liable to the  highway authority or the railroad, or the political subdivision or  municipality which owns the air-strip or airplane landing field, for the  cost of constructing any bridge or culvert made necessary by such crossing  and shall thereafter be liable to the highway authority or railroad, or the  political subdivision or municipality which owns the air-strip or airplane  landing field, for the cost of repairing and maintaining such a bridge or  culvert.Whenever a natural drain or a ditch constructed in the course of natural  drainage crosses a public highway or a railroad, or an air-strip or  airplane landing field, the highway authority or the railroad, or the  political subdivision or municipality which owns the air-strip or airplane  landing field, shall construct and thereafter keep in repair and maintain a  bridge or culvert of sufficient length, depth, height above the bed of the  drain or ditch, and capacity to subserve the needs of the public with  respect to the drainage of the lands within the natural watershed of such  drain or ditch, not only as such needs exist at the time of construction,  but for all future time.When a ditch of a district has been, or is to be, constructed in the  course of natural drainage across or under a railroad and the bridge or  culvert of such railroad is not of sufficient length, depth, height or  capacity to allow the water to flow through the same without substantial or  material obstruction, the commissioners shall give notice to such railroad  to enlarge or replace the bridge or culvert so that the water can pass  through the bridge or culvert without substantial material obstruction. If  the railroad fails, neglects or refuses to so enlarge or replace the bridge  or culvert within 6 months after being so notified, then the railroad, in  addition to being liable for all damages caused to land, crops and other  property, is liable to the district for damages in the sum of $25.00 for  each day beyond the 6 months period that it failed, neglected or refused to  so enlarge or replace the bridge or culvert. Such damages may be recovered  by the district by an action at law in any court of competent jurisdiction.If, in the construction, reconstruction, repair or maintenance of a  district ditch in the course of natural drainage, it becomes necessary that  a railroad bridge be temporarily removed to permit the performance of such  work upon railroad right-of-way, the commissioners shall give the railroad  reasonable notice of such fact and the railroad shall, at its own expense  and without cost to the district, either perform such work on its own  right-of-way or remove such bridge and, upon completion of the work,  replace the same. The district shall perform its work with as little  interruption to the traffic on the railroad as circumstances permit. If the  railroad fails, neglects or refuses to perform such work or remove the  bridge by the time specified in such notice, then the railroad, in addition  to being liable to the district for the actual damages sustained, is liable  for punitive damages in the sum of $25 for each day beyond the time  specified in the notice that it so failed, neglected or refused to perform  such work or to remove the bridge.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 highway or railroad bridge, or an  airstrip or airplane landing field, the district is liable to the highway  authority or railroad, or the political subdivision or municipality which  owns the air-strip or airplane landing field, 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 drainage commissioners and the highway authority or railroad, or the  political subdivision or municipality which owns the airstrip or airplane  landing field, or by the allowance of damages in the assessment proceeding  or, if there is no assessment proceeding, then by separate action at law.  Nothing contained in this paragraph shall be construed as relieving the  highway authority or railroad, or the political subdivision or municipality  which owns the air-strip or airplane landing field, from its obligation to  construct and maintain adequate bridges or culverts over natural drains or  over ditches constructed in the course of natural drainage as hereinabove  provided in the second paragraph of this section.    (Source: Laws 1967, p. 3809.)