2023 Illinois Compiled Statutes › Chapter 615 - WATERWAYS › 615 ILCS 30/ - Illinois and Michigan Canal Management Act.

(615 ILCS 30/0.01) (from Ch. 19, par. 0.01)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Illinois and Michigan Canal Management Act.
(Source: P.A. 86-1324.)
(615 ILCS 30/8) (from Ch. 19, par. 8)
Sec. 8. 
		
		The Department of Natural Resources shall have
control and management of the Illinois and Michigan canal, including its
feeders, basins and
appurtenances, and the property thereto belonging, and shall have authority:
(1) To obtain, subject to the "Personnel Code" approved July
18,
1955, as amended, a general superintendent and such
other officers, employees and agents as may be necessary for the
management of the canal, locks, dams and other improvements, and
prescribe their powers and duties.
(2) To prescribe reasonable rules and regulations in respect
to all matters connected with the navigation and use of the canal,
locks and dams and transportation on or through the same.  The Department may
prohibit all persons
who wilfully refuse or neglect to comply with such
rules from using the canal, locks and dams.  Printed copies of such
rules and of this article shall be posted for public inspection.
(3) To establish and collect reasonable fees for the leasing of land and use
of the canal and the
locks.  The use of the canal and locks shall be free for the
transportation of any property of the United States or persons in their service
passing through the same.
(4) To sell and dispose of any machinery, fixtures, stone,
debris, material or personal property unnecessary for the proper
management, construction, repair or use of the canal, locks, dams and
other improvements.
(5) To lease from time to time any of the canal lands or lots,
or elevators, or elevators and adjoining property owned by the State.
(6) To lease from time to time, to the highest bidder
therefor, any water power and lands or lots connected therewith.
(7) To sell and convey, whenever in its judgment the interest
of the State will be promoted thereby, any canal lands or lots now owned by
the State, and any riparian rights in and along the Des Plaines river: but
the department shall not sell any lands or any portion of the 90-foot
strip along the canal which are now utilized in connection with the use of the
water power upon the canal or which will prevent or interfere with the proper
use and operation of the canal as an historic recreational trail.  But before
making any such sale the department shall obtain the
approval of the Governor thereto, and to the time, place and manner of making
the same.  Before any such sale shall be made 30 days' previous notice thereof
shall be given in some newspaper published in the county where such land, lots
or riparian rights are situated.  The land, lots or riparian rights shall be
sold at public auction to the highest and best bidder: but any or all such bids
may be rejected if, in the judgment of the Department the interests of the
State seem to require it.  The Department may, with the approval of the
Governor, sell any such lands or lots for public
recreational use at private sale without public notice and auction.
(8) To execute in due form and deliver any conveyance that may
be necessary to comply with the conditions of any bond, contract or
agreement heretofore made by those lawfully authorized to sell any of
the real estate known as canal lands, where the purchaser has
complied with the conditions of such bond, contract or agreement and the
department is satisfied that the purchaser is justly entitled
to such conveyance.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/2) (from Ch. 19, par. 9)
Sec. 2. 
		
		Nothing in this Act shall be
construed to repeal or affect any of the provisions of the
Metropolitan Water Reclamation District Act or any Act amendatory thereof.
(Source: P.A. 90-655, eff. 7-30-98.)
(615 ILCS 30/9) (from Ch. 19, par. 10)
Sec. 9. 
		
		The Department of Natural Resources shall have
the following duties:
(1) To take all necessary proceedings on behalf of the state
to establish the title of the state and recover the possession of any canal
lands or real estate owned by the state which may be claimed by or be in
the adverse possession of another person or party, and when necessary, to
cause appropriate suits, in the name of the People of the State of
Illinois, to be instituted and prosecuted therefor.
(2) To cause the said canal, locks and dams and appurtenances
to be kept in good and sufficient repair and condition for use and whenever it
shall be necessary, it may, enter upon and use, overflow or damage any
contiguous lands, and procure and appropriate all such material as in its
judgment may be necessary or proper to be used in making such repair, build
or construct any dam, lock, or other improvement, and may take proceedings
to ascertain the compensation therefor in the manner provided by law for
the exercise of the right of eminent domain.
(3) To cause suits to be commenced and prosecuted against all
persons trespassing upon the said canal, locks or dams or any of the canal
lands belonging to the State.
(4) Such other duties as may be prescribed by law.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/9.5)
Sec. 9.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(615 ILCS 30/10) (from Ch. 19, par. 11)
Sec. 10. 
		
		All deeds, title papers, agreements and contracts affecting the
title to real estate in this state, heretofore executed by the board of
trustees of the Illinois and Michigan canal, under the seal of said board, by
the canal commissioners under their official seal, by the Department of Public
Works and Buildings under its seal, by the Department of Transportation under
its seal, or heretofore or hereafter executed by the Department of
Natural Resources (formerly designated the Department of Conservation)
under its seal, shall be admitted to record, and the same or a certified
transcript of the record shall be admitted in evidence in all courts without
acknowledgment or further proof.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/11) (from Ch. 19, par. 12)
Sec. 11. 
		
		Copies of the books and entries of the sale or conveyance of any
lands or lots that have been sold or conveyed by the trustees of the Illinois
and Michigan canal, by the canal commissioners, by the Department of Public
Works and Buildings, by the Department of Transportation, or by the
Department of Natural Resources (formerly designated the Department of
Conservation) under any law of this State, certified to be
true and correct copies of such books or entries by the Director of
Natural Resources under the official seal of the
Department, shall be prima facie
evidence of the facts stated in such books or entries, and of the title in
the party to whom such lands or lots appear by such certified copies to
have been sold or conveyed, his heirs or assigns.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/12) (from Ch. 19, par. 13)
Sec. 12. 
		
		The Department of Natural Resources shall keep
an accurate account of all moneys received and of all expenditures of every
kind.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/13) (from Ch. 19, par. 14)
Sec. 13. 
		(Repealed).
(Source: P.A. 78-718. Repealed by P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/14) (from Ch. 19, par. 15)
Sec. 14. 
		(Repealed).
(Source: P.A. 77-155. Repealed by P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/15) (from Ch. 19, par. 16)
Sec. 15. 
		(Repealed).
(Source: P.A. 78-718. Repealed by P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/16) (from Ch. 19, par. 17)
Sec. 16. 
		
		Whoever, without the written consent of the Department of Natural
Resources, digs any drain or ditch, or removes or deposits
any earth, sand, gravel, water or other material, or causes the same to be
done, whereby any substance is washed into the canal to its injury, shall, for
each offense, be guilty of a Class B misdemeanor.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/17) (from Ch. 19, par. 18)
Sec. 17. 
		
		Whoever, without the written permission of the Department of
Natural Resources, constructs any wharf, basin, or
watering place, or makes or contrives any device whatever, for the purpose of
taking any water from the canal, or omits to conform to the directions of the
Department granting such permission, shall, for each offense, be guilty of a
Class B misdemeanor.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/18) (from Ch. 19, par. 19)
Sec. 18. 
		
		Whoever shall lead, ride or drive any horse, ox, ass, mule or cattle
on either bank of the canal without the permission of the Department of
Natural Resources shall, for each offense, be guilty of a
Class B misdemeanor.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/22) (from Ch. 19, par. 23)
Sec. 22. 
		
		Whoever shall put, or cause to be put, any dead animal or
offensive matter into the canal shall be guilty of a Class B misdemeanor.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/24) (from Ch. 19, par. 25)
Sec. 24. 
		
		Whoever shall construct or attempt to construct any bridge
across the canal without having first submitted the plan thereof to the
Department of Natural Resources and obtained its consent
thereto shall, for each offense, be guilty of a Class B misdemeanor and the
Department may remove the same or any part thereof at
the expense of the persons or authorities causing the same to be constructed.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/26) (from Ch. 19, par. 27)
Sec. 26. 
		(Repealed).
(Source: R.S. 1874, p. 188. Repealed by P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/27) (from Ch. 19, par. 28)
Sec. 27. 
		
		All fines and penalties herein provided for may be recovered in the
name of the People of the State of Illinois and, when collected,
shall be paid to the Department of Natural Resources and
by it paid into the State treasury as other revenues of the canal.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/28) (from Ch. 19, par. 29)
Sec. 28. 
		
		Whoever is guilty of any offense created by this act, shall also
be liable for all damages occasioned thereby.
(Source: R.S. 1874, p. 188.)
(615 ILCS 30/29) (from Ch. 19, par. 29.1)
Sec. 29. 
		(Repealed).
(Source: P.A. 78-718. Repealed by P.A. 89-445, eff. 2-7-96.)
(615 ILCS 30/30) (from Ch. 19, par. 29.2)
Sec. 30. 
		(Repealed).
(Source: P.A. 78-718. Repealed by P.A. 89-445, eff. 2-7-96.)