(70 ILCS 605/12-5) (from Ch. 42, par. 12-5)
Sec. 12-5.
Farm
bridges.
In districts organized prior to June 28, 1919, under the Farm Drainage
Act, the districts shall continue to be liable for the construction,
reconstruction and maintenance of at least one bridge or proper passageway
over each open ditch constructed or ordered constructed prior to the
effective date of this Act where the same crosses any enclosed tract or
parcel of land in such a manner that a portion thereof is landlocked and
has no access from any public highway other than by a bridge or passageway
over the ditch. The cost of constructing, reconstructing and maintaining
such bridge or crossing shall be paid by the district, except that the
commissioners may contract with the owner of any land crossed by the ditch
for such owner to construct, reconstruct and maintain any such bridge or
crossing, or they may enter into any other agreement with such owner by
which the district may be relieved of or released from such liability. If
the commissioners and the owner are unable to reach such an agreement, the
district may cause the amount of compensation to be paid for a release from
such liability to be determined in the manner provided in Section 4-17 of
this Act.
In districts organized under the Farm Drainage Act prior to June 28,
1919, as to ditches ordered constructed after the effective date of this
Act, and in all other districts, whether organized under this Act or any
prior act, the district is not required to construct, reconstruct, enlarge
or maintain any farm bridge or other private bridge across a district
ditch, but the cost thereof, when occasioned by the work of the district,
shall be taken into consideration in determining the amount to be allowed
to the landowner for damages to land not taken. Nothing contained in this
paragraph shall be construed to prevent such damages from being fixed by
agreement of the parties or to prevent the district from assuming liability
for the construction, reconstruction, enlargement and maintenance of a farm
bridge or other private bridge in order to reduce the amount of damages to
which the owner may be entitled.
If a district, by deepening, widening or straightening a natural drain,
or by changing the established grade, width or alignment of a ditch,
removes or threatens to remove the support from under any abutment, pier,
wingwall or other supporting member of a private bridge, the district is
liable to the owner for the cost of protecting or underpinning such
abutment, pier, wingwall or other supporting member. The amount of such
liability may be fixed and determined by agreement between the
commissioners and the owner, or by the allowance of damages to land not
taken in the assessment proceeding or, if there is no assessment
proceeding, or, then by a separate action at law. Nothing contained in this
paragraph shall be construed as requiring the district to build or enlarge
any farm bridge or other private bridge and neither shall it be construed
as altering or in any way affecting any agreement between the district and
the owner relieving or releasing the district from liability for the
construction, reconstruction, enlargement or maintenance of a bridge.
(Source: Laws 1955, p. 512.)
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