(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.)
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