(615 ILCS 20/4) (from Ch. 19, par. 47d)
Sec. 4.
If any vessel, boat, water craft, or raft, or other similar
obstruction, is sinking or grounding, or being unnecessarily delayed in any
public or navigable waters mentioned in this Act, in such a manner as to stop,
seriously interfere with, or specially endanger navigation, in the opinion of
the Director of Natural Resources, or any duly authorized agent of the
Department, the Department, or any such agent, shall have the right to take
immediate possession of such boat, vessel, or other water craft, or raft, so
far as to remove or to destroy it and to clear immediately such public or
navigable waters of the obstruction thereby caused, using his best judgment to
prevent any unnecessary injury. It is unlawful for anyone to
prevent such
removal or destruction. The Department or agent thereof charged with the
removal or destruction of
an obstruction under this Section may, in his discretion, give notice in
writing to the owners of any such obstruction requiring them to remove it.
The expense of removing any such obstruction as aforesaid shall be a charge
against such craft and cargo and if the owners thereof fail or refuse to
reimburse the State for such expense within 30 days after
notification, then the officer or agent aforesaid may sell the craft or
cargo, or any part thereof that may not have been destroyed in removal, at
public auction, and the proceeds of such sale shall be deposited with the
State Treasurer. If the proceeds of any such sale is not sufficient in
amount to reimburse the State for such expense, the State of Illinois,
acting by and through its Department of Natural Resources, may, by civil
action, obtain judgment against the owners of such craft, cargo, or both
for the difference between the proceeds of such sale and the actual expense
incurred by the State of Illinois, acting by and through its Department of
Natural Resources, in connection with such removal.
(Source: P.A. 91-357, eff. 7-29-99.)
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