(70 ILCS 605/2-5) (from Ch. 42, par. 2-5)
Sec. 2-5.
Extension
of covered drain through land of others-Trial-Finding or verdict-
Judgment.
If, on the trial of the case, it is found that the proposed drain will
be of ample capacity, will not materially damage the land of the defendant
and will empty into (a) a natural watercourse, (b) an artificial drain
along a public highway, with the consent of the highway authorities, or (c)
any other outlet which the plaintiff has the right to use, then the finding
or verdict shall be for the plaintiff; and the defendants shall be allowed
such actual damages only as will be sustained by entering upon the land and
constructing the drain and thereafter keeping the same in repair. If it is
not so found, then the finding or verdict of the jury shall be for the
defendant. If the defendant refuses to accept, or is incapable of
accepting, payment of the damages awarded to him, or is unknown or his
whereabouts is unknown, then the plaintiff may, upon order of the court,
deposit the amount of such damages with the County Treasurer of the county
in which the defendant's land is situated, who shall, upon demand, pay the
same to the party entitled thereto and take a receipt therefor.
(Source: Laws 1955, p. 512.)
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