(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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