Illinois Drainage Laws: Rights and Responsibilities of Highway Authorities and Landowners Adjacent to Highways

摘要

The publication provides an extensive treatment of Illinois drainage law as it applies to local, county, and state highway authorities and adjacent landowners in both agricultural and urban environments. It focuses on court decisions, state and federal statutes, and administrative regulations relevant to drainage-related issues. It discusses the judicial development and current status of the basic principle of drainage law in Illinois: that higher lands can be drained onto and across lower lands in most circumstances. It addresses relative responsibilities of highway authorities, drainage districts, sanitary districts, municipalities, and other public and private entities to construct and maintain bridges or culverts. Also discussed are the impacts of environmental laws and regulations on drainage. A brief discussion of the jurisdiction of Illinois courts in resolving drainage disputes, and the kinds of relief that may be granted by the courts or obtained outside of the courtroom is also included.