Division 110 - Drainage By Special Assessment - Illinois Statutes

      (65 ILCS 5/Art. 11 Div. 110 heading)DIVISION 110. DRAINAGE BY SPECIAL ASSESSMENT

(65 ILCS 5/11‑110‑1) (from Ch. 24, par. 11‑110‑1)     Sec. 11‑110‑1. The corporate authorities of cities and villages for drainage purposes may lay out, establish, construct, and maintain drains, ditches, levees, dykes, pumping works, and machinery, and may acquire the necessary land and machinery therefor, and in this manner may provide for draining any portion of the land within their corporate limits, by special assessment upon the property benefited thereby, or by general taxation, or both. No lot, block, tract, or parcel of land, however, shall be assessed more than once in any one year by a municipality for maintenance. (Source: P.A. 87‑1197.)

(65 ILCS 5/11‑110‑2) (from Ch. 24, par. 11‑110‑2)     Sec. 11‑110‑2. The corporate authorities of cities and villages may pass ordinances providing for the making of any improvements specified in Section 11‑110‑1, and for the nature, character, locality, and description thereof. Upon the passage of such an ordinance all proceedings thereafter had for the making of the improvements, and for the maintenance and repair thereof, and for the levy and collection of special assessments to defray the cost thereof, shall be in accordance with the provisions of Article 9. (Source: Laws 1961, p. 576.)

(65 ILCS 5/11‑110‑3) (from Ch. 24, par. 11‑110‑3)     Sec. 11‑110‑3. Whenever, in the judgment of the corporate authorities of a city or village, it becomes necessary or advantageous for the proper construction of improvements specified in Section 11‑110‑1 to enlarge, construct, or improve a natural or artificial drain outside the corporate limits of the city or village to obtain a proper outlet, the corporate authorities have the power to acquire the right of way therefor under the provisions of the statutes relating to the exercise of the right of eminent domain. Upon the establishment of this improvement, by the confirmation of the assessment therefor, the corporate authorities have the power to contract with all persons owning or interested in property or drains, outside the corporate limits of the city or village, who will be benefited by the improvement, for payment to the city or village of such an amount as the improvement will benefit those persons. In case of a failure to agree on the amount to be paid for these benefits the corporate authorities of the city or village have the power to sue for and recover the amount in a civil action in any court of competent jurisdiction in this state. The amount recovered or realized by such an agreement or proceeding shall become a part of the money raised to pay for the improvement, and may be refunded in accordance with the provisions of Section 9‑2‑74. (Source: Laws 1961, p. 576.)