(65 ILCS 5/11-87-3) (from Ch. 24, par. 11-87-3)
Sec. 11-87-3.
Whenever any portion within the corporate limits of a city or
village of a fork, branch, arm, canal, or slip terminating within the city
or village of any natural or artificial watercourse or stream, or a fork,
branch, arm, canal, or slip communicating therewith, has been declared
non-navigable by the Congress of the United States of America, or the
United States of America has surrendered, relinquished, or abandoned
jurisdiction of such a portion thereof as a navigable body of water, and in
the judgment of the corporate authorities of the city or village it becomes
necessary to fill in all or any part of a portion of such a watercourse or
stream in order to properly lay out, establish, open, alter, widen, extend,
grade, pave, or otherwise improve streets, avenues, or alleys, or any of
them, in any part of the city or village, without the construction of a
bridge over or along such a watercourse or stream, the corporate
authorities have the power to provide by ordinance for the laying out,
establishing, opening, altering, widening, extending, grading, paving, or
otherwise improving such streets, avenues, and alleys, or any of them, in
that part of the city or village and by the same ordinance to provide for
the filling in of the channel, course, or bed of a part or all of any
portion of such a watercourse or stream within the corporate limits of the
city or village.
By this ordinance the corporate authorities may provide for taking by
eminent domain of so much of the specified portion of such a watercourse or
stream as the city or village requires for the purposes of any such street,
avenue, or alley and of the rights in such a watercourse or stream of all
owners of land adjoining the specified portion of such a watercourse or
stream. The entire improvement provided for by this ordinance shall
constitute a local improvement, the cost of which may be paid for by
special assessment or special taxation of contiguous property or by general
taxation, or otherwise, as the corporate authorities shall direct by
ordinance. In providing for such an improvement the corporate authorities
may proceed in accordance with the provisions of Article 9.
(Source: Laws 1961, p. 576.)
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