(605 ILCS 5/6-317) (from Ch. 121, par. 6-317)
Sec. 6-317.
Whenever a township or district road is ordered to be laid out,
widened or altered, according to the provisions of this Division of this
Code, which road shall pass through or on enclosed land, the highway
commissioner shall give the owner or occupant of such land 60 days' notice
in writing to remove the fences. If such owner or occupant does not remove
the fence or fences within 60 days after such notice, the commissioner
shall have the same removed, and direct the road to be opened and worked;
the owner of such premises shall pay all necessary costs of removal, and
the same may be recovered by the highway commissioner in any court of
competent jurisdiction, provided however that in case the owner or occupant
has been awarded damages either by agreement, or by judgment in
condemnation proceedings, for the removal of such fence or fences, then the
owner or occupant shall remove such fences without such notice, and the
highway commissioner may enter upon such premises at once for the purpose
of laying out, widening or altering such road.
(Source: Laws 1959, p. 196.)
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