(70 ILCS 605/2-7)
(from Ch. 42, par. 2-7)
of covered drain through land of others-Abandonment of proceedings.
If, after obtaining such a judgment, the plaintiff elects not to
construct the drain and to abandon the proceedings, the court shall note
such voluntary abandonment upon the docket. If the plaintiff fails to
construct the drain within 2 years after obtaining such a judgment, the
court, on motion of the defendant after notice and hearing, shall note the
failure to construct and resulting abandonment of the proceedings on the
docket. If the plaintiff abandons the proceedings, either voluntarily or by
failure to construct the drain as set forth above, he shall not be
permitted to commence another action against the defendant for the same
purpose until after the expiration of 5 years from the rendition of the
judgment. No such abandonment shall relieve the plaintiff of his obligation
to pay the costs accruing in the action as set forth in Section 2-3.
(Source: Laws 1955, p. 512