(70 ILCS 605/3-27)
(from Ch. 42, par. 3-27)
Organization of drainage district by user.
Where 2 or more parties owning adjoining or contiguous lands, or their
predecessors in title, have, by voluntary action, constructed a combined
system of drains, a combined system of levees or a combined system of
drains and levees which form a continuous line or a continuous line and
branches, the lands connected by such system shall be liable for their just
proportion of the cost of such repairs and improvements as may be needed
therefor, the amount to be determined, as nearly as may be, on the same
principles as if these lands were in an organized drainage district.
Whenever such repairs and improvements cannot be made by voluntary
agreement, any one or more parties owning land upon which any such work has
been constructed may petition the court for the formation of a drainage
district to include all the lands connected by such system. The petitioner
or petitioners for the formation of such drainage district must show to the
satisfaction of the court that his or their land is damaged through the
lack of proper repairs to or improvements of such system. After the
petition is filed, the procedure and conditions (except as to the number of
signers and proportions of area) heretofore prescribed in this Act for the
organization of other drainage districts shall be observed, as nearly as
practicable. The ditches, drains, levees or other work shall be taken as a
dedication of right-of-way and their construction and joining as the
consent of the several parties to be united in a drainage district.
Commissioners, both temporary and permanent, shall be appointed in drainage
districts organized under this section at the time, in the manner and with
the qualifications, powers and duties provided in this Act for
commissioners of other drainage districts.
(Source: Laws 1955, p. 512.)