(70 ILCS 605/2-6) (from Ch. 42, par. 2-6)
Sec. 2-6.
Extension
of covered drain through land of others-Construction and maintenance of
drain.
The plaintiff, after paying or depositing the damages awarded and paying
the costs taxed against him, may thereupon enter the premises of the
defendant and construct the drain, and he or his successors in title may
thereafter at all times enter upon such land for the purpose of repairing
and maintaining the drain, doing no more damage than the occasion may
require. The plaintiff and his successors in title, after constructing the
drain, shall keep it in good repair. If, in repairing the drain, the
plaintiff or his successors in title cause any damage to any crops growing
thereon or to other property of the owners thereof, he or they shall be
liable for the actual damage caused. If, in constructing or repairing the
drain, the plaintiff or his successors in title shall wilfully cause any
unnecessary damage to the land through which it is constructed, to any
crops growing thereon or to other property of the owners thereof, he or
they shall become liable for and pay to the owner of such land or property
3 times the amount of the unnecessary damage done, to be recovered by such
owner in a civil action.
(Source: Laws 1955, p. 512.)
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