(70 ILCS 605/Art. XII heading) ARTICLE XII.
MISCELLANEOUS PROVISIONS--PENALTIES
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(70 ILCS 605/12-1) (from Ch. 42, par. 12-1)
Sec. 12-1.
Lands
within district-Right to use district drains.
A landowner within any drainage district has the right to use the
ditches and drains of the district as outlets for any drains, either open
or covered, which he may desire to construct for the more complete drainage
of his own land; provided, however, that hereafter when any such drain is
connected with any ditch or drain of the district, a proper bulkhead,
spillway, drop box, pipe outlet, junction box or other suitable structure
shall be constructed and thereafter maintained by the landowner so as to
prevent damage to the ditch or drain of the district. The landowner shall
obtain the approval of the commissioners as to the type, design and method
of construction of the structure before making any connection and the
construction thereof shall be subject to the supervision and control of the
commissioners. Any landowner who fails to construct such an outlet
structure is liable for all damages resulting from such failure. If, after
written request by the commissioners to do so, the landowner fails or
refuses to construct such an outlet structure, then the district may build
the same and recover the cost thereof from the landowner.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-2) (from Ch. 42, par. 12-2)
Sec. 12-2.
Lands
within district-Rights of drainage.
Land included within a district shall continue to have the same rights
of drainage, both common law and statutory, as land not within an organized
drainage district, except insofar as the drainage system of the district
may vary from or be inconsistent with natural drainage. The construction of
a covered drain by a drainage district in the course of natural drainage or
along the course of an open ditch shall not in itself be considered to be
an abandonment of the natural drain or the open ditch.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-3) (from Ch. 42, par. 12-3)
Sec. 12-3.
Right
of landowner to use right-of-way of district.
The owner of any land over, through or across which a district has
acquired a right-of-way for the construction and maintenance of an open or
covered drain by grant, dedication, condemnation or otherwise, may use the
land occupied by such right-of-way in any manner not inconsistent with the
paramount easement of the district. Any use of the right-of-way which will
interfere with the operation of the drain or will increase the cost to the
district of performing any of its work thereon is deemed to be inconsistent
with the district's easement. No permanent structures, including bridges
and fords, shall be placed on the right-of-way by a landowner without first
obtaining the express consent of the commissioners of the district.
Temporary structures, including fences, may be placed on or across the
right-of-way without the necessity of obtaining the consent of the
commissioners, but shall be removed by the landowner whenever he is
notified to do so by the commissioners. A landowner may pasture livestock
in an open ditch, but if, in so doing, the ditch is damaged, the owner
shall repair such damage, and if he fails to make such repairs, he is
liable to the district for the cost of such repairs and all expenses
incident thereto.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-4) (from Ch. 42, par. 12-4)
Sec. 12-4.
Highway
and railroad bridges.
Whenever a district drain crosses an existing air-strip or airplane
landing field owned by any county, township, city, village, Park District,
Port District, airport authority, or any other political subdivision or
municipality of this state, or which is owned, controlled, operated or
leased by another state or a political subdivision of another state under
the provisions of Sections 25.01 to 25.04, both inclusive, of the "Illinois
Aeronautics Act", or an existing public highway or an existing railroad
other than in the course of natural drainage, the district is liable to the
highway authority or the railroad, or the political subdivision or
municipality which owns the air-strip or airplane landing field, for the
cost of constructing any bridge or culvert made necessary by such crossing
and shall thereafter be liable to the highway authority or railroad, or the
political subdivision or municipality which owns the air-strip or airplane
landing field, for the cost of repairing and maintaining such a bridge or
culvert.
Whenever a natural drain or a ditch constructed in the course of natural
drainage crosses a public highway or a railroad, or an air-strip or
airplane landing field, the highway authority or the railroad, or the
political subdivision or municipality which owns the air-strip or airplane
landing field, shall construct and thereafter keep in repair and maintain a
bridge or culvert of sufficient length, depth, height above the bed of the
drain or ditch, and capacity to subserve the needs of the public with
respect to the drainage of the lands within the natural watershed of such
drain or ditch, not only as such needs exist at the time of construction,
but for all future time.
When a ditch of a district has been, or is to be, constructed in the
course of natural drainage across or under a railroad and the bridge or
culvert of such railroad is not of sufficient length, depth, height or
capacity to allow the water to flow through the same without substantial or
material obstruction, the commissioners shall give notice to such railroad
to enlarge or replace the bridge or culvert so that the water can pass
through the bridge or culvert without substantial material obstruction. If
the railroad fails, neglects or refuses to so enlarge or replace the bridge
or culvert within 6 months after being so notified, then the railroad, in
addition to being liable for all damages caused to land, crops and other
property, is liable to the district for damages in the sum of $25.00 for
each day beyond the 6 months period that it failed, neglected or refused to
so enlarge or replace the bridge or culvert. Such damages may be recovered
by the district by an action at law in any court of competent jurisdiction.
If, in the construction, reconstruction, repair or maintenance of a
district ditch in the course of natural drainage, it becomes necessary that
a railroad bridge be temporarily removed to permit the performance of such
work upon railroad right-of-way, the commissioners shall give the railroad
reasonable notice of such fact and the railroad shall, at its own expense
and without cost to the district, either perform such work on its own
right-of-way or remove such bridge and, upon completion of the work,
replace the same. The district shall perform its work with as little
interruption to the traffic on the railroad as circumstances permit. If the
railroad fails, neglects or refuses to perform such work or remove the
bridge by the time specified in such notice, then the railroad, in addition
to being liable to the district for the actual damages sustained, is liable
for punitive damages in the sum of $25 for each day beyond the time
specified in the notice that it so failed, neglected or refused to perform
such work or to remove the bridge.
If a district, by deepening, widening or straightening a natural drain
or by changing the established grade, width or alignment of a ditch,
removes or threatens to remove the support from under any abutment, pier,
wingwall or other supporting member of a highway or railroad bridge, or an
airstrip or airplane landing field, the district is liable to the highway
authority or railroad, or the political subdivision or municipality which
owns the air-strip or airplane landing field, for the cost of protecting or
underpinning such abutment, pier, wingwall or other supporting member. The
amount of such liability may be fixed and determined by agreement between
the drainage commissioners and the highway authority or railroad, or the
political subdivision or municipality which owns the airstrip or airplane
landing field, or by the allowance of damages in the assessment proceeding
or, if there is no assessment proceeding, then by separate action at law.
Nothing contained in this paragraph shall be construed as relieving the
highway authority or railroad, or the political subdivision or municipality
which owns the air-strip or airplane landing field, from its obligation to
construct and maintain adequate bridges or culverts over natural drains or
over ditches constructed in the course of natural drainage as hereinabove
provided in the second paragraph of this section.
(Source: Laws 1967, p. 3809.)
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(70 ILCS 605/12-5) (from Ch. 42, par. 12-5)
Sec. 12-5.
Farm
bridges.
In districts organized prior to June 28, 1919, under the Farm Drainage
Act, the districts shall continue to be liable for the construction,
reconstruction and maintenance of at least one bridge or proper passageway
over each open ditch constructed or ordered constructed prior to the
effective date of this Act where the same crosses any enclosed tract or
parcel of land in such a manner that a portion thereof is landlocked and
has no access from any public highway other than by a bridge or passageway
over the ditch. The cost of constructing, reconstructing and maintaining
such bridge or crossing shall be paid by the district, except that the
commissioners may contract with the owner of any land crossed by the ditch
for such owner to construct, reconstruct and maintain any such bridge or
crossing, or they may enter into any other agreement with such owner by
which the district may be relieved of or released from such liability. If
the commissioners and the owner are unable to reach such an agreement, the
district may cause the amount of compensation to be paid for a release from
such liability to be determined in the manner provided in Section 4-17 of
this Act.
In districts organized under the Farm Drainage Act prior to June 28,
1919, as to ditches ordered constructed after the effective date of this
Act, and in all other districts, whether organized under this Act or any
prior act, the district is not required to construct, reconstruct, enlarge
or maintain any farm bridge or other private bridge across a district
ditch, but the cost thereof, when occasioned by the work of the district,
shall be taken into consideration in determining the amount to be allowed
to the landowner for damages to land not taken. Nothing contained in this
paragraph shall be construed to prevent such damages from being fixed by
agreement of the parties or to prevent the district from assuming liability
for the construction, reconstruction, enlargement and maintenance of a farm
bridge or other private bridge in order to reduce the amount of damages to
which the owner may be entitled.
If a district, by deepening, widening or straightening a natural drain,
or by changing the established grade, width or alignment of a ditch,
removes or threatens to remove the support from under any abutment, pier,
wingwall or other supporting member of a private bridge, the district is
liable to the owner for the cost of protecting or underpinning such
abutment, pier, wingwall or other supporting member. The amount of such
liability may be fixed and determined by agreement between the
commissioners and the owner, or by the allowance of damages to land not
taken in the assessment proceeding or, if there is no assessment
proceeding, or, then by a separate action at law. Nothing contained in this
paragraph shall be construed as requiring the district to build or enlarge
any farm bridge or other private bridge and neither shall it be construed
as altering or in any way affecting any agreement between the district and
the owner relieving or releasing the district from liability for the
construction, reconstruction, enlargement or maintenance of a bridge.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-6) (from Ch. 42, par. 12-6)
Sec. 12-6.
When
land may be in more than one district.
If the work of a district or a proposed district includes the
construction of a levee to protect the lands within the district from
overflow, or the erection and operation of a pumping plant, or both, then
all lands so protected may be included within the district, either at the
time of organization or by subsequent annexation. The fact that a portion
of those lands are already within the boundaries of another district shall
not prevent their inclusion in the district so constructing or proposing to
construct the levee and pumping plant if the drainage system of such other
district does not include a levee and pumping plant. If a ditch or covered
drain leading from lands lying within one drainage district is connected,
other than by the drainage system of that district, with a ditch or covered
drain of another district and such lands are benefited by the ditch or
covered drain of the other district, then the lands so connected and
benefited may be included in or annexed to the other district and the fact
of such connection shall be deemed to be a waiver of any objection to such
inclusion or annexation upon the ground that such land is already within
the boundaries of and subject to assessment by an organized drainage
district.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-7) (from Ch. 42, par. 12-7)
Sec. 12-7.
Penalty
for obstructing or injuring drain, drainage structure, levee or pumping
plant.
Whoever wilfully obstructs, injures or destroys any covered drain
constructed through the lands of others as provided in Section 2-6 of this
Act, or any other drain, levee, drainage structure or pumping plant,
whether private, mutual or district, is guilty of a Class A misdemeanor.
The dumping of trash, refuse or debris into an open drain shall be treated
and considered as obstructing a drain.
The pollution of the water of any drain of any drainage district shall
be considered an injury to such drain, within the meaning of this Section.
Pollution shall be deemed to be wilful, within the meaning of this Section,
if the person, firm or corporation responsible for such pollution shall
allow the same to continue for more than 60 days after written notice from
the commissioners to abate the same.
Whoever wilfully cuts or breaches any private, mutual or district levee
is guilty of a Class 3 felony.
Any fines collected under this Section for the obstruction, injury or
destruction of a district drain, drainage structure or pumping plant or for
the cutting or breaching of any district levee shall be paid over to the
district.
In addition to the criminal penalty imposed by this Section, whoever
wilfully or negligently obstructs, injures, cuts, breaches or destroys a
private, mutual or district drain or drainage structure, levee or pumping
plant is liable for the cost of repairing or reconstructing the same and
for any damage to lands, crops or other property that may have resulted
therefrom.
(Source: P.A. 77-2405.)
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(70 ILCS 605/12-8) (from Ch. 42, par. 12-8)
Sec. 12-8.
Penalty
for preventing entry by commissioners upon lands or right-of-way.
Whoever wilfully prohibits, prevents or obstructs the commissioners of a
district or their agents from going upon lands either within or outside of
the district for the purpose of examining the same or making surveys in
connection with the work of the district, or wilfully prohibits, prevents
or obstructs the commissioners of a district, their agents, employees or
contractors from going upon the right-of-way of the district with their
servants, tools, machinery, instruments and other equipment for the purpose
of constructing, reconstructing, repairing or maintaining the work of the
district, is guilty of a Class A misdemeanor. Each day's hindrance
constitutes a separate offense.
Any fine collected under this Section shall be paid over to the
district. In addition to the criminal penalty imposed by this Section,
whoever hinders the work is liable for all damages which may have been
sustained by reason thereof to be recovered in a civil action.
(Source: P.A. 77-2405.)
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(70 ILCS 605/12-9) (from Ch. 42, par. 12-9)
Sec. 12-9.
Penalty for preventing construction or repair of private drain.
Whoever wilfully prohibits, prevents or delays the construction or
repair of any drain through the land of others, as provided in Section 2-6,
is guilty of a Class A misdemeanor. Each day's hindrance constitutes a
separate offense.
(Source: P.A. 77-2405.)
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(70 ILCS 605/12-10) (from Ch. 42, par. 12-10)
Sec. 12-10.
Penalty for failure or refusal of commissioner to perform duties-Removal
from office.
Any commissioner appointed under the provisions of this Act who wilfully
fails or refuses to perform any duty imposed upon him by this Act is guilty
of a Class A misdemeanor. Any fines collected under this Section shall be
paid over to the district.
Conviction under this Section is cause for removal from office.
(Source: P.A. 77-2405.)
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(70 ILCS 605/12-11) (from Ch. 42, par. 12-11)
Sec. 12-11.
Withdrawal of signature from petition.
After a landowners petition has been filed with the court under any of
the provisions of this Act, a petitioner may withdraw his signature from
the petition only with the consent of a majority of the other petitioners,
or upon a satisfactory showing to the court that his signature was obtained
by fraud or misrepresentation.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-12) (from Ch. 42, par. 12-12)
Sec. 12-12.
Additional signers to petition.
At any time before the conclusion of the hearing on a landowners
petition filed with the court under any of the provisions of this Act,
other landowners shall be permitted to join as petitioners and upon so
joining they shall be considered as signers in determining the sufficiency
of the petition.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-13) (from Ch. 42, par. 12-13)
Sec. 12-13.
Deeds, petitions and contracts in fraud of act.
All deeds, made for the purpose of preventing or aiding the organization
of a district or for the purpose of preventing or aiding any other
proceeding taken under this Act, and not made in good faith, are in fraud
of the provisions of this Act.
If the court in which a petition for the organization of a district is
pending finds that any other petition for the organization of another
district which includes a portion only of the lands involved in the pending
petition is on file, yet if the court finds (a) that the petition first
filed was filed for the primary purpose of preventing the organization of
the other proposed district or for the purpose of preventing the lands or
some of the lands described therein from being included in the other
proposed district, (b) that all of the lands included in the petition first
filed are included in the petition for the other proposed district, and (c)
that the lands described in the petition first filed will be protected and
drained as adequately and as cheaply by the works proposed in the petition
under consideration as they would be by any works which might be
constructed by the proposed district described in the petition first filed;
then such petition first filed shall be deemed in fraud of the provisions
of this Act, and the fact that such petition was first filed shall not be a
valid objection to the granting of the prayer of the petition under
consideration or to the inclusion of such land in the proposed district.
If the court in which a petition for the organization of a district is
pending finds that a district including a portion only of the lands
involved in the petition under consideration has been organized by mutual
agreement, yet if the court finds (a) that such mutual district has neither
constructed nor contracted to construct any substantial drainage or levee
work, (b) that such mutual district was organized for the primary purpose
of preventing the organization of the other proposed district or preventing
the lands or some of the lands in the mutual district from being included
in the other proposed district, (c) that all the lands included in the
mutual district are included in the petition for the other proposed
district, and (d) that the lands in the mutual district will be protected
and drained as adequately and as cheaply by the works proposed in the
petition under consideration as they would be by any works which may be
constructed by the mutual district, then the agreement organizing the
mutual district shall be deemed in fraud of the provisions of this Act, and
the fact that such mutual district has been organized shall not be a valid
objection to the granting of the prayer of the petition under consideration
or the inclusion of such lands in the proposed district.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-14) (from Ch. 42, par. 12-14)
Sec. 12-14.
Separate petitions not required.
Whenever the commissioners of a district petition the court for
authority to do or perform any act or thing specified in this Act, such
petition may also seek authorization from the court to do or perform other
acts and things specified elsewhere in this Act and it shall not be
necessary for the commissioners to file separate petitions with the court
for each act or thing for which authorization is sought.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-15) (from Ch. 42, par. 12-15)
Sec. 12-15.
Continuances and amendments.
Except as otherwise specifically provided in this Act, any hearing may
be continued generally or to a day certain and from time to time as other
civil cases. Any petition, report, assessment roll or other pleading may be
amended as in other civil cases.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-16) (from Ch. 42, par. 12-16)
Sec. 12-16.
Appeals.
Unless otherwise provided in this Act, appeals may be taken from the
final judgments or orders as in other civil cases. An appeal from a
judgment on an assessment roll shall be taken in the time and manner as is
now or may hereafter be provided for taking an appeal from a judgment on
the collector's application for judgment and order of sale for delinquent
general taxes. Appeals may be joint or separate. No appeal shall affect the
validity of any order or judgment as to any tract of land or other property
not directly involved in such appeal, except as provided in Sections 3-25
and 8-6 of this Act.
(Source: Laws 1967, p. 3809.)
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(70 ILCS 605/12-17) (from Ch. 42, par. 12-17)
Sec. 12-17.
Construction of act-Effect of omissions, imperfections or defects in
proceedings.
This Act shall be liberally construed to promote drainage for
agricultural, sanitary and mining purposes. The collection of assessments
shall not be defeated by reason of any omission, imperfection or defect not
substantial in nature occurring in the organization of any district or in
any of the proceedings prior to the order confirming an assessment, but
such order shall be conclusive that all prior proceedings were regular and
according to law.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-18) (from Ch. 42, par. 12-18)
Sec. 12-18.
Insufficient notice-Default.
If for any reason the clerk of the court fails to give proper notice of
the hearing on any report, petition or assessment roll, such failure shall
not be grounds for dismissing the report, petition or roll, but the court
shall continue the cause and direct that proper notice be given. Neither
shall it be valid ground for objection on the part of any landowner that
any other landowner has not received proper notice. If proper notice is
given and any landowner fails to appear within the time specified or within
any further time allowed him by the court, then a default may be taken
against him in the same manner and with the same effect as in other civil
proceedings.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-19) (from Ch. 42, par. 12-19)
Sec. 12-19. Cooperation with other public agencies.
Commissioners of a district shall cooperate in the exchange of
information pertaining to drainage with the commissioners of other
districts and with local, State and Federal governments, officers and
agencies operating in fields affecting or related to drainage, including,
but not restricted to, the Department of Natural Resources, the State Water
Resources and Flood Control Board, the
State Soil Conservation Advisory Board, the State Geological Survey of the University of Illinois, and the State Water Survey of the University of Illinois.
(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
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(70 ILCS 605/12-20) (from Ch. 42, par. 12-20)
Sec. 12-20.
Annual assessments in existing districts-Changeover to this act.
In any district heretofore organized or existing under the Levee Act in
which, prior to the effective date of this Act, there has been levied an
assessment of the "Annual Amounts of Benefits" upon the lands in such
district for keeping the levees, ditches and other works in repair or to
maintain in operation any pumping plant, such assessment of "Annual Amount
of Benefits" shall continue as the annual maintenance assessment in such
district under the provisions of this Act until the same shall be
increased, reduced, abated or otherwise changed or a new annual maintenance
assessment levied in lieu thereof by proceedings under this Act.
Any annual maintenance assessments due and unpaid at the time this Act
becomes effective shall be collectible in the same manner as if this Act
had not been enacted and, in addition, any remedies for the collection of
annual maintenance assessments provided by this Act shall be available for
the collection of any such annual maintenance assessments due and unpaid on
the effective date of this Act.
(Source: Laws 1961, p. 3578.)
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(70 ILCS 605/12-21) (from Ch. 42, par. 12-21)
Sec. 12-21.
Partial invalidity.
The invalidity of any provision or Section of this Act shall not affect
the validity of the remainder of this Act.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-22) (from Ch. 42, par. 12-22)
Sec. 12-22.
Repealing section.
This Act is intended as a complete revision, consolidation and
codification of all the statutes of this State relating to the
organization and operation of drainage districts and the construction of
drains, ditches and levees for agricultural, sanitary and mining
purposes and the following acts and all acts amendatory thereof are
repealed:
"An Act to provide for the construction, reparation and protection of
drains, ditches and levees, across the lands of others, for
agricultural, sanitary and mining purposes, and to provide for the
organization of drainage districts", approved May 29, 1879;
"An Act to provide for drainage for agricultural and sanitary
purposes, and to repeal certain acts therein named," approved June 27,
1885;
"An Act to authorize certain drainage and levee districts to acquire,
maintain and operate dredge boats for the construction and preservation
of drains, ditches and levees", approved May 16, 1905;
"An Act to authorize drainage districts and special drainage
districts to acquire, maintain and operate dredge boats and other
necessary equipment for the construction and preservation of drains and
ditches," approved June 26, 1923;
"An Act to authorize certain drainage and levee districts to acquire,
maintain and operate dredge boats, land dredges and other necessary
equipment for the construction and preservation of drains, ditches and
levees," approved July 1, 1941;
"An Act to provide for the construction and maintenance of a levee or
levees in special drainage districts and to legalize and validate former
proceedings, bonds, orders indebtedness and expenditures had, issued or
incurred in regard to, on account of, or with the view to the erection
and maintenance of such levee or levees," approved June 26, 1923;
"An Act to authorize the organization of drainage and levee districts
for the purpose of accepting works constructed or proposed to be
constructed by the United States of America, to authorize existing
districts to accept such works, to authorize all districts to comply
with the conditions imposed in connection with the construction of such
works, and to empower two or more districts to cooperate in accepting
and maintaining such works," approved June 12, 1937;
"An Act to enable the owners of farm lands which form any part of a
drainage district, in which there is located in whole or in part a city,
town or village, to reorganize as a separate drainage district with
certain rights and duties in relation thereto", filed June 26, 1917;
"An Act to extend the time and provide for the payment of assessments
of benefits in drainage districts", approved May 22, 1885;
"An Act in relation to the abatement of assessments for benefits in
drainage districts", filed July 13, 1933;
"An Act to maintain and improve county ditches heretofore constructed
to drain swamp and overflowed lands", approved June 23, 1883;
"An Act declaring legal drains heretofore or hereafter constructed by
mutual license, consent or agreement, by adjacent or adjoining owners of
land, and to limit the time within which such license or agreement
heretofore granted may be withdrawn", approved June 4, 1889;
"An Act to enable the commissioners of drainage districts to contract
with railroad companies to construct or keep in repair any levee or
levees now constructed or to be hereafter constructed in such districts,
and to grant to such railroad companies a right-of-way over, on, along
or across such levees", approved June 5, 1889;
"An Act to provide for the dissolution of drainage districts,"
approved June 4, 1889;
"An Act authorizing all drainage districts to issue bonds, and
providing for the registration and payment thereof", approved June 15,
1895;
"An Act to authorize the levying of special assessments upon lands,
railroads, public highways and municipal corporations situate within any
drainage district so as to provide the funds necessary to pay the cost
of construction for benefits that shall have been conferred by the
construction of any work of improvement, without special assessments
having been legally levied prior thereto, and providing for the issuance
of bonds payable out of such special assessments, authorized by this act
to be levied," approved June 11, 1917;
"An Act to provide for constructing pumping plants and maintaining
the same in operation, in drainage and levee districts and special
drainage districts heretofore or hereafter organized, and to legalize
and validate former proceedings, assessments, bond issues, indebtedness,
and expenditures in regard to, or on account of, the erection,
maintenance and operation of pumping plants, and to repeal an act
therein named", approved June 27, 1913;
"An Act to enable adjoining drainage districts to connect their
ditches, drains, levees or other works, and to provide for the
apportionment of the cost of the construction, operation and maintenance
of the work of a drainage district where lands in an adjoining district
are benefited thereby, and to repeal an act therein named", approved
June 28, 1913;
"An Act to enable adjoining drainage districts to construct and erect
a joint pumping station or joint pumping stations, ditches, levees or
other works, to contract for the proportion of the cost of construction
and maintenance of the same to be paid by each, and providing for the
approval of the same," approved June 27, 1913;
"An Act in relation to the construction, reparation and protection of
drains, ditches and levees across the land of others for agricultural,
sanitary and mining purposes, and to provide for the organization of
drainage districts, approved and in force May 29, 1879", approved June
7, 1897;
"An Act to provide for the refunding by drainage districts of money
raised by assessments or taxes illegally levied and collected and of
money raised by assessments or taxes legally levied where the proposed
improvements for which the assessments or taxes were levied, have been
abandoned", approved June 1, 1921;
"An Act in relation to the abatement of assessments for benefits in
levee and drainage districts", approved June 15, 1895;
"An Act to authorize the commissioners of drainage districts to
convey property to and lease property from the Federal Government",
approved November 20, 1933;
"An Act to enable drainage districts to effect settlements for
damages resulting from changes in water surface elevations of any river,
lake, or other water surfaces, or of ground water, caused by flood
control, navigation, irrigation, or water power projects and works
constructed by Federal Agencies", approved July 17, 1945;
"An Act to give circuit courts of this State and the Superior Courts
of Cook County, in term time, and judges thereof in vacation, concurrent
jurisdiction with the county courts, in all matters pertaining to the
organization of farm drainage districts, and farm drainage and levee
districts, and the operation thereof, and to repeal all acts in conflict
herewith", approved June 5, 1909;
"An Act to provide for the care of water in lakes and artificial
ponds or bodies of water within the boundaries of drainage and levee
districts, or drainage districts", approved June 17, 1929.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-23) (from Ch. 42, par. 12-23)
Sec. 12-23.
Saving clause.
The repeal of a statute by this Act shall not affect any action pending
or rights existing at the time this Act takes effect; neither shall this
Act impair the validity of any proceedings taken or assessment levied under
such prior statute or impair the validity of any bonds or other obligations
or indebtedness outstanding at the time this Act takes effect. The remedies
provided under this Act for the collection of assessments shall extend and
be applicable to assessments levied under prior acts.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-24) (from Ch. 42, par. 12-24)
Sec. 12-24.
Effective date.
This Act shall take effect on January 1, 1956.
(Source: Laws 1955, p. 512.)
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