(70 ILCS 605/12-3) (from Ch. 42, par. 12-3)
Sec. 12-3.
Right
of landowner to use right-of-way of district.
The owner of any land over, through or across which a district has
acquired a right-of-way for the construction and maintenance of an open or
covered drain by grant, dedication, condemnation or otherwise, may use the
land occupied by such right-of-way in any manner not inconsistent with the
paramount easement of the district. Any use of the right-of-way which will
interfere with the operation of the drain or will increase the cost to the
district of performing any of its work thereon is deemed to be inconsistent
with the district's easement. No permanent structures, including bridges
and fords, shall be placed on the right-of-way by a landowner without first
obtaining the express consent of the commissioners of the district.
Temporary structures, including fences, may be placed on or across the
right-of-way without the necessity of obtaining the consent of the
commissioners, but shall be removed by the landowner whenever he is
notified to do so by the commissioners. A landowner may pasture livestock
in an open ditch, but if, in so doing, the ditch is damaged, the owner
shall repair such damage, and if he fails to make such repairs, he is
liable to the district for the cost of such repairs and all expenses
incident thereto.
(Source: Laws 1955, p. 512.)
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