(65 ILCS 5/11-111-5) (from Ch. 24, par. 11-111-5)
Sec. 11-111-5.
If a railroad or street railway company has tracks located
upon, or across any street in such an improvement district, then, in
estimating the cost of the work, the railroad or street railway company
shall be charged with the cost of the fill upon that street or crossing in
the amount that it would cost the railroad or street railway company to
make an independent embankment of the same height to receive its tracks
upon that street or crossing. However, any railroad or street railway
company has the same right to build its embankment or make its proportion
of the improvement as is allowed to individuals. If a railroad or street
railway company fails or refuses to comply with the municipal ordinances in
this regard, the tracks of the delinquent railroad or street railway
company shall be a nuisance, all of the railroad or street railway
company's rights upon that street or crossing shall be forfeited, and the
tracks removed as the work progresses.
(Source: Laws 1961, p. 576.)
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