Illinois Drainage Laws Rights And Responsibilities of Highway Authorities And
Illinois Drainage Laws Rights And Responsibilities of Highway Authorities And
Ties20and20landowners20adjacent20to20highways
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96 While this statute clearly applies to individual landowners, a highway authority may not have to comply. A narrow reading of the word "person" in the statutory language may exclude a quasi- corporation such as a highway authority. E. EXTENSION OF COVERED DRAINS THROUGH OTHERS' LAND THE DRAINAGE CODE AUTHORIZES AN INDIVIDUAL LANDOWNER TO EXTEND A TILE THROUGH THE LAND OF ANOTHER LANDOWNER. HOW- EVER, THIS PROVISION MAY NOT BE CONSTITUTIONAL UNDER THE CURRENT ILLINOIS CONSTITUTION. 1. Statutor...y Provisions Sections 2-2 through 2-7 of the Drainage Code read: a. Extension of covered drains through others' land. 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 .... 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 .
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