2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 605/ - Illinois Drainage Code. › Article II - Rights Of Drainage--Private And Mutual Drains

(70 ILCS 605/Art. II heading)
ARTICLE II.  
		RIGHTS OF DRAINAGE--PRIVATE AND MUTUAL DRAINS
(70 ILCS 605/2-1) (from Ch. 42, par. 2-1)
Sec. 2-1. 
		
		Land may
be drained in course of natural drainage.
Land may be drained in the general course of natural drainage by either
open or covered drains. When such a drain is entirely upon the land of the
owner constructing the drain, he shall not be liable in damages therefor.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/2-2) (from Ch. 42, par. 2-2)
Sec. 2-2. 
		
		Extension
of covered drain through land of others.
When it is necessary for the owner of land which may be drained by a
covered drain to extend such drain through the land of others in the
general course of natural drainage in order to obtain a proper outlet and
the owner of, or other party interested in, the land through which such
extension is necessary refuses to consent to the extension of the drain
through his land, the person desiring to construct the drain may file suit
in the circuit court in the county in which such land lies against the
owner or other party so refusing, and summons shall issue in the same form
and shall be returnable in the same manner as other summons in civil
actions, and proceedings shall be had thereon as in other civil actions in
circuit courts.
(Source: Laws 1965, p. 678.)
(70 ILCS 605/2-3) (from Ch. 42, par. 2-3)
Sec. 2-3. 
		
		Extension
of covered drain through land of others-Bond-Costs.
At the time of commencing the action, the plaintiff shall file a bond in
the penal sum of not less than $100 with surety to be approved by the clerk
of the circuit court, conditioned upon the payment of all costs accruing in
the action and, if the proceedings are not abandoned as hereinafter
provided, upon the payment of all damages which may be awarded to the
defendant. If the defendant procures the attendance of any witness not
reasonably required to the proper defense of the action, then the fees of
such witness and the expense incident to subpoenaing him shall, upon motion
of the plaintiff, be taxed against the defendant.
(Source: Laws 1965, p. 678.)
(70 ILCS 605/2-4) (from Ch. 42, par. 2-4)
Sec. 2-4. 
		
		Extension
of covered drain through land of others-Plat-Profile.
At the time of commencing the action, the plaintiff shall also file a
map or plat showing the land proposed to be drained, the land across which
the drain is proposed to be constructed and the starting point, route and
outlet of the proposed drain and a profile showing the elevation of the
flow line of the proposed drain and the elevation of the surface of the
ground through which the drain is proposed to be constructed.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/2-5) (from Ch. 42, par. 2-5)
Sec. 2-5. 
		
		Extension
of covered drain through land of others-Trial-Finding or verdict-
Judgment.
If, on the trial of the case, it is found that the proposed drain will
be of ample capacity, will not materially damage the land of the defendant
and will empty into (a) a natural watercourse, (b) an artificial drain
along a public highway, with the consent of the highway authorities, or (c)
any other outlet which the plaintiff has the right to use, then the finding
or verdict shall be for the plaintiff; and the defendants shall be allowed
such actual damages only as will be sustained by entering upon the land and
constructing the drain and thereafter keeping the same in repair. If it is
not so found, then the finding or verdict of the jury shall be for the
defendant. If the defendant refuses to accept, or is incapable of
accepting, payment of the damages awarded to him, or is unknown or his
whereabouts is unknown, then the plaintiff may, upon order of the court,
deposit the amount of such damages with the County Treasurer of the county
in which the defendant's land is situated, who shall, upon demand, pay the
same to the party entitled thereto and take a receipt therefor.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/2-6) (from Ch. 42, par. 2-6)
Sec. 2-6. 
		
		Extension
of covered drain through land of others-Construction and maintenance of
drain.
The plaintiff, after paying or depositing the damages awarded and paying
the costs taxed against him, may thereupon enter the premises of the
defendant and construct the drain, and he or his successors in title may
thereafter at all times enter upon such land for the purpose of repairing
and maintaining the drain, doing no more damage than the occasion may
require. The plaintiff and his successors in title, after constructing the
drain, shall keep it in good repair. If, in repairing the drain, the
plaintiff or his successors in title cause any damage to any crops growing
thereon or to other property of the owners thereof, he or they shall be
liable for the actual damage caused. If, in constructing or repairing the
drain, the plaintiff or his successors in title shall wilfully cause any
unnecessary damage to the land through which it is constructed, to any
crops growing thereon or to other property of the owners thereof, he or
they shall become liable for and pay to the owner of such land or property
3 times the amount of the unnecessary damage done, to be recovered by such
owner in a civil action.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/2-7) (from Ch. 42, par. 2-7)
Sec. 2-7. 
		Extension
of covered drain through land of others-Abandonment of proceedings. 
		If, after obtaining such a judgment, the plaintiff elects not to
construct the drain and to abandon the proceedings, the court shall note
such voluntary abandonment upon the docket. If the plaintiff fails to
construct the drain within 2 years after obtaining such a judgment, the
court, on motion of the defendant after notice and hearing, shall note the
failure to construct and resulting abandonment of the proceedings on the
docket. If the plaintiff abandons the proceedings, either voluntarily or by
failure to construct the drain as set forth above, he shall not be
permitted to commence another action against the defendant for the same
purpose until after the expiration of 5 years from the rendition of the
judgment. No such abandonment shall relieve the plaintiff of his obligation
to pay the costs accruing in the action as set forth in Section 2-3.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/2-8) (from Ch. 42, par. 2-8)
Sec. 2-8. 
		
		Drains
and levees for mutual benefit.
When a ditch, covered drain or levee is, or has been, constructed by
mutual license, consent or agreement, either separately or jointly, by the
owners of adjoining lands so as to make a continuous line across the lands
of such owners, or when the owner of adjoining land is permitted to connect
a ditch, covered drain or levee with another already so constructed, or
when the owner of lower land connects a ditch or covered drain to a ditch
or covered drain constructed by the owner or owners of upper lands, or when
the owner of land protected by a levee has contributed to the cost of the
construction, enlargement or reconstruction of a levee upon other land,
such ditch, covered drain or levee shall be deemed to be a drain or levee
for the mutual benefit of all lands connected to, or protected by, it. The
mutual license, consent or agreement required in this section need not be
in writing, but may be established by parole or inferred from the
acquiescence of the parties. When a ditch, covered drain or levee is
privately constructed through or on a tract of land and the ownership of
such tract is thereafter divided, such ditch, covered drain or levee shall
thereupon be deemed a drain or levee for the mutual benefit of all the
portions of the original tract connected to, or protected by, such ditch,
covered drain or levee.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/2-9) (from Ch. 42, par. 2-9)
Sec. 2-9. 
		
		Drains
and levees for mutual benefit-Permission to connect.
It is unlawful for any person to connect a ditch, covered drain or levee
with any drain or levee deemed to be for the mutual benefit of the lands
connected or protected without the consent of all parties interested in
such drain or levee. When an unlawful connection is made, any interested
person may recover damages and, if an unlawful connection is made to a
covered drain, may compel disconnection.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/2-10) (from Ch. 42, par. 2-10)
Sec. 2-10. 
		
		Drains
and levees for mutual benefit-Duration of easement.
Drains and levees deemed to be for the mutual benefit of the lands
connected or protected shall constitute a perpetual easement on such lands
and shall not be filled, obstructed, breached or impaired in any way
without the consent of the owners of all such lands.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/2-11) (from Ch. 42, par. 2-11)
Sec. 2-11. 
		
		Drains
and levees for mutual benefit-Right to repair.
The owner of any land connected to or protected by such a mutual drain
or levee may, at his own expense, go upon the lands upon which the drain or
levee is situated and repair the drain or levee, and he shall not be liable
for damage to lands or crops unless he is negligent in performing the work.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/2-12) (from Ch. 42, par. 2-12)
Sec. 2-12. 
		Interference by Landowner-Penalty-Exceptions.
The landowner shall not wilfully and intentionally interfere with any
ditches or natural drains which cross his land in such manner that such
ditches or natural drains shall fill or become obstructed with any matter
which shall materially impede or interfere with the flow of water. If the
landowner violates the provisions of this section he commits a petty
offense. Each day's violation shall be a separate offense. Provided, this
Section does not apply to any ditches or drains which are entirely on the
land of the landowner, nor does this Section prohibit the construction of
artificial impoundments or the temporary interruption of the flow of water
by such impoundments.
(Source: P.A. 77-2405.)
(70 ILCS 605/2-13) (from Ch. 42, par. 2-13)
Sec. 2-13. 
		
		The county board in any county having a population
of 250,000 or more may by ordinance require the person for whose
benefit any drain tile is installed or constructed after the
effective date of this Amendatory Act to, within 30 days after
the completion of such installation or construction, record with
the recorder of the county in which the land is located
a diagram or sketch indicating the location, size and approximate
depth of the tile so installed or constructed.  Violation of the
provisions of this Section is a petty offense.
(Source: P.A. 83-358.)