2023 Illinois Compiled Statutes › Chapter 615 - WATERWAYS › 615 ILCS 35/ - Illinois and Michigan Canal Protection Act.

(615 ILCS 35/0.01) (from Ch. 19, par. 29.9)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Illinois and Michigan Canal Protection Act.
(Source: P.A. 86-1324.)
(615 ILCS 35/1) (from Ch. 19, par. 30)
Sec. 1. 
		
		The Department of Natural Resources may
ascertain and establish the
surveys of the Illinois and Michigan Canal and the strips of land adjacent
thereto, including the 90 foot strips as originally made and laid out by the
State and Federal governments.  The Department may employ, without reference to
the State Civil Service Act, such engineers, surveyors, investigators or expert
help, as may be necessary for that purpose and enter upon and take possession
of any lands or premises now belonging to the State which were granted to it by
the Federal government or became its property in connection with the
construction of said Illinois and Michigan Canal.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 35/2) (from Ch. 19, par. 31)
Sec. 2. 
		
		No claim, other than that of the State, to any of the lands and
premises, shall be recognized by the Department of Natural Resources or by any
other officer of the State, except in cases where
such claim is based upon the valid deed, contract, lease or permit of the
proper officers of the State.  It shall be the duty of the Department of
Natural Resources to protect the rights of the State
against any one who may have improperly seized or
occupied any of the lands or premises and to that end it may employ any and
all means which may be lawfully used in protecting the property of the
State.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 35/3) (from Ch. 19, par. 32)
Sec. 3. 
		
		The Department of Natural Resources shall
protect against and prevent encroachments upon the Illinois and Michigan Canal.  The Department may change and improve the
canal to provide for any other use in connection with conservation or recreation which the Department considers advantageous to the State.
No permission now or hereafter granted, which results in obstruction to the
navigable condition or capacity of any
portion of the canal or interferes with its use for any of the purposes
named shall operate in any way whatever to deprive the State of any of its
rights in the canal or canal lands and all obstructions or structures now
or hereafter erected or placed in the canal shall be subject to removal
upon the order of the Department of Natural Resources.
However, the use of the
Sag channel of the Sanitary District of Chicago shall not be prevented nor
shall it be considered an obstruction within the meaning of this Section,
but the State may require, in the development of its waterways and the use
of the Illinois & Michigan canal such changes in the crossing of the
Illinois & Michigan canal by the Sag channel as may be necessary for the
use of the Illinois & Michigan canal by the State.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 35/4) (from Ch. 19, par. 33)
Sec. 4. 
		
		The Attorney General of the State of Illinois is hereby authorized
and directed to institute in the name of the People and to prosecute
whatever suits are necessary to protect and maintain the rights of the
State in and to said Illinois & Michigan Canal throughout its entire
ninety-six mile course from the south fork of the south branch of the
Chicago River to the point at which it connects with the Illinois at
LaSalle.
(Source: Laws 1919, p. 976.)
(615 ILCS 35/5) (from Ch. 19, par. 34)
Sec. 5. 
		
		The Department of Natural Resources may, after
due notice and hearing, make whatever administrative rules are
necessary to make effective the provisions of this Act.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 35/7) (from Ch. 19, par. 34.1)
Sec. 7. 
		(Repealed).
(Source: P.A. 78-718. Repealed by P.A. 89-445, eff. 2-7-96.)