2023 Illinois Compiled Statutes › Chapter 615 - WATERWAYS › 615 ILCS 45/ - Illinois and Michigan Canal Development Act.

(615 ILCS 45/0.01) (from Ch. 19, par. 37.10)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Illinois and Michigan Canal Development Act.
(Source: P.A. 86-1324.)
(615 ILCS 45/1) (from Ch. 19, par. 37.11)
Sec. 1. 
		
		The State-owned Illinois and Michigan Canal, extending from Chicago
to the Illinois River at LaSalle, passing through Cook, Will, Grundy, and
LaSalle Counties, is no longer useful or operated as a canal for commercial
purposes and is declared abandoned for the carriage of commerce by water.
(Source: Laws 1965, p. 1899.)
(615 ILCS 45/2) (from Ch. 19, par. 37.12)
Sec. 2. 
		
		The Department of Natural Resources in
cooperation with other state, local or federal agencies shall prepare a master
plan for the comprehensive
development and management of the Illinois and Michigan Canal, having as
its major focus the historic preservation and recreational usage of the
Canal and its use as a State Park.  The plan shall include provisions for
the use or disposal of those Canal lands not so historically and
recreationally usable.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 45/3) (from Ch. 19, par. 37.13)
Sec. 3. 
		(Repealed).
(Source: P.A. 78-1276. Repealed by P.A. 89-445, eff. 2-7-96.)
(615 ILCS 45/4) (from Ch. 19, par. 37.14)
Sec. 4. 
		(Repealed).
(Source: P.A. 77-2123. Repealed by P.A. 89-445, eff. 2-7-96.)
(615 ILCS 45/5) (from Ch. 19, par. 37.15)
Sec. 5. 
		(Repealed).
(Source: P.A. 77-2123. Repealed by P.A. 89-445, eff. 2-7-96.)
(615 ILCS 45/6) (from Ch. 19, par. 37.16)
Sec. 6. 
		(Repealed).
(Source: P.A. 76-1192. Repealed by P.A. 89-445, eff. 2-7-96.)
(615 ILCS 45/7) (from Ch. 19, par. 37.17)
Sec. 7. 
		(Repealed).
(Source: Laws 1965, p. 1899. Repealed by P.A. 89-445, eff. 2-7-96.)
(615 ILCS 45/8) (from Ch. 19, par. 37.18)
Sec. 8. 
		
		
		All revenues derived from the Canal through sale of Canal lands, lease
of Canal lands, Canal concessions, and other Canal activities, shall be
deposited in the State Parks Fund, created by Section 5 of "An Act in
relation to State finance", and shall be used as provided in Section 8.11
of that Act.
(Source: P.A. 77-2123.)
(615 ILCS 45/9) (from Ch. 19, par. 37.19)
Sec. 9. 
(a) The Department of Natural Resources, upon proper
application made thereto, is authorized, subject to the approval of the
Governor, to sell, transfer, or convey Canal lands to any department or agency
of the United States Government or transfer jurisdiction and control over such
lands, pursuant to the provisions of Section 2705-550 of the
Department of Transportation Law, to any department or agency of the State of
Illinois or convey to any political subdivision thereof, or any quasi public
board or agency having present or immediate future need for said Canal land for
public recreation, parks, historic sites, or other projects of public nature
upon such terms as
may be mutually agreed upon by the parties in interest if such sale,
transfer or conveyance is in accordance with the master plan for the
development and management of the Canal.  Said transfer, sale, or conveyance
shall contain such conditions and stipulations as the Department may deem
necessary to preserve the best interest of the State of Illinois.
(b) With respect to canal lands conveyed to the City of Ottawa, Illinois by deed dated August 18, 1970, and recorded September 15, 1970, as Document #563847, all restrictions imposed by this Section and those imposed in the deed of conveyance are herewith removed.
(Source: P.A. 102-461, eff. 1-1-22.)
(615 ILCS 45/10) (from Ch. 19, par. 37.20)
Sec. 10. 
		
		
		When so proposed in the master plan for the development and management
of the Canal, the Department is authorized, in its discretion, to prepare
and devise schemes, plans, ways and means for the reservation and
acquisition by the State of Illinois of desirable tracts of land abutting,
adjoining, or situated in areas along the Canal. The Department is
authorized to obtain options on such lands, to acquire by purchase, or by
condemnation under the Eminent Domain Act, any and all land sought to carry
out the provisions of this Act.
(Source: P.A. 77-2123.)
(615 ILCS 45/10.5)
Sec. 10.5. 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 45/11) (from Ch. 19, par. 37.21)
Sec. 11. 
		
		Drainage, flood control, and other improvements, together with
other regulatory procedures shall be provided when the Department in its
discretion, determines that the same is necessary to protect the interest
of the State of Illinois in and to the Canal lands or any improvement made
or in progress in connection therewith as provided by this Act.
(Source: Laws 1965, p. 1899.)
(615 ILCS 45/14) (from Ch. 19, par. 37.24)
Sec. 14. 
		
		(a) The provisions of this Act shall supplement and not supersede
any prior Acts of the General Assembly unless expressly provided otherwise
in this Act.
(b) The powers, duties and responsibilities conferred by this Act, expressly or
by implication, shall be in addition to and not in derogation of any
existing authority conferred by other Acts of the
General Assembly or the laws of Illinois.
(c) The abandonment of the Canal as declared in this Act shall not
remove the lands referred to in this Act from the jurisdiction, control and
powers transferred to and conferred upon the Department of
Natural Resources over waterways and public waters of
the State and such lands and waters and other property as are subject to this
Act shall remain subject to the powers, duties and responsibilities of that
Department, undiminished by the declaration of abandonment contained in this
Act, until the lands or property are disposed of by the Department.
(d) This Act shall be liberally construed to the end that the lands,
waters and property of the Illinois and Michigan Canal shall be used and
developed, leased, sold or disposed of for the fullest benefit of the
People of Illinois.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 45/14.1)
Sec. 14.1. Exchange of property.
(a)   Notwithstanding any other provision of law or restriction on the property, including, but not limited to, any State rights, easements, or conveyance and reversion clauses restricting sale, the Village of Lemont may exchange with a nongovernmental entity the Illinois and Michigan Canal lands that were purchased from the State for other real property of substantially equal or greater value, as determined by 2 MAI appraisals of the properties, and of substantially the same or greater suitability for recreational, park, and parking purposes without additional cost to the Village. However, the property being transferred to the Village must be continuous to other Illinois and Michigan Canal lands owned by the Village.
(b) Prior to an exchange under subsection (a) with a nongovernmental entity, the Village board shall hold a public hearing in order to consider the proposed exchange. Notice of such a meeting shall be published at least twice, with the first and last publication being at least 10 days apart, in a newspaper of general circulation within the Village.
(c) This Section applies only to the exchange of Parcel One owned by the Village for Parcel Two owned by a nongovernmental entity as follows:
PARCEL ONE:
THAT PART OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11 EAST     OF THE THIRD PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE     SOUTHERLY 90 FOOT RESERVE STRIP OF THE ILLINOIS AND MICHIGAN CANAL AND THE NORTHEAST CORNER OF LOT 1 IN BLOCK 1 IN THE PLAT OF THE VILLAGE OF LEMONT, RECORDED AUGUST 8, 1874 AS DOCUMENT 184242; THENCE ALONG A LINE 141 FEET SOUTHWESTERLY ALONG THE SOUTH LINE OF THE SOUTHERLY 90 FOOT RESERVE STRIP OF THE ILLINOIS AND MICHIGAN CANAL; THENCE ALONG A LINE 79 FEET NORTHWESTERLY (AS MEASURED AT RIGHT ANGLES THERETO) AND PARALLEL WITH THE EASTERLY LINE OF BLOCK 1 IN SAID VILLAGE OF LEMONT SUBDIVISION, EXTENDED NORTHWESTERLY; THENCE ALONG A LINE 139 FEET PARALLEL WITH CANAL STREET; THENCE ALONG A LINE 63 FEET SOUTHEASTERLY TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
PARCEL TWO:
THAT PART OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11 EAST     OF THE THIRD PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
LOTS 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, AND     THAT PART OF LOT 20 LYING EAST OF THE LEMONT ROAD BRIDGE, ALL IN BLOCK 1 IN THE PLAT OF THE VILLAGE OF LEMONT, RECORDED AUGUST 8, 1874 AS DOCUMENT 184242; ALL IN COOK COUNTY, ILLINOIS.
PIN: 22-20-304-015; 22-20-304-18.
(Source: P.A. 102-915, eff. 1-1-23.)