605 ILCS 115/ Toll Bridge Act.

(605 ILCS 115/0.01) (from Ch. 137, par. 0.01)

Sec. 0.01. Short title. This Act may be cited as the Toll Bridge Act.

(Source: P.A. 86-1324.)

(605 ILCS 115/1) (from Ch. 137, par. 1)

Sec. 1. No toll bridge shall be established or erected across any lake, river, creek or other water course in this state without the consent of the county board of the county in which the same is to be established or erected.

(Source: R.S. 1874, p. 1059.)

(605 ILCS 115/2) (from Ch. 137, par. 2)

Sec. 2. Any person or corporation may petition the county board for leave to establish and erect a toll bridge, and if said board shall deem such bridge necessary, it may authorize the establishment and erection thereof upon such terms and conditions as it shall deem for the public good: Provided, that no bridge shall be constructed over any navigable water without a suitable draw for the passage of water-craft, nor in such manner as to interfere with navigation.

(Source: R.S. 1874, p. 1059.)

(605 ILCS 115/3) (from Ch. 137, par. 3)

Sec. 3. When the bridge is to be established between two counties, the petition shall be addressed to the county boards of both counties, and the consent of each of said boards shall be necessary to authorize the erection or establishment of such bridge.

(Source: R.S. 1874, p. 1059.)

(605 ILCS 115/4) (from Ch. 137, par. 4)

Sec. 4. No such consent shall be given unless the petitioner shall have given notice of his intended application in some newspaper published in the county, for at least four weeks, successively, next preceding the session of the county board at which the application is made; or, if no newspaper is published in such county, by posting notices in four public places therein, at least four weeks previous to such session. When the application is to several county boards, the notice shall be given in each county. At least four weeks' notice of such intended application shall be given in writing to the owners of the land adjoining to or embracing the water course over which such bridge is to be erected: Provided, that such written notice need not be given to any owner not residing in the state, or who cannot, upon due inquiry, be found.

(Source: R.S. 1874, p. 1059.)

(605 ILCS 115/5) (from Ch. 137, par. 5)

Sec. 5. The proprietors of lands adjoining to, or embracing the water course over which a toll bridge is proposed to be established, shall have the preference, if they will apply before such privilege shall have been granted to any person or corporation.

(Source: R.S. 1874, p. 1059.)

(605 ILCS 115/6) (from Ch. 137, par. 6)

Sec. 6. Any county board granting permission to erect any such bridge may require of the person or corporation to which such permission is granted, bonds in such sum, upon such conditions, and with such security as it shall deem proper, and may insert therein a provision for the payment of any damages that any person may sustain by reason of the construction of such bridge; and any person so damaged may bring suit thereon for his own use.

(Source: R.S. 1874, p. 1059.)

(605 ILCS 115/7) (from Ch. 137, par. 7)

Sec. 7. Toll rates; electronic toll collection.

(a) The county board shall fix the rates of toll, and may from time to time, alter and change the same, including by establishing a toll rate schedule, setting a maximum toll rate that may be adjusted from time to time, or by establishing another toll rate structure, and in case of the neglect of the owner of the bridge to keep the same in proper repair and safe for the crossing of persons and property, may prohibit the taking of toll.

(b) Notwithstanding any law to the contrary, the county board may enter into an agreement establishing a toll rate schedule for a period not to exceed 99 years. This amendatory Act of the 101st General Assembly is declarative of existing law and shall be given retroactive effect.

(c) Except as regarding toll bridges or as otherwise provided by law, nothing in Public Act 101-398 shall be construed to authorize a county, municipality, local government, or private operator to impose a toll upon any public road, street, or highway; nor shall any provision of Public Act 101-398 be construed to authorize, pursuant to an intergovernmental agreement or otherwise, the imposition of any toll upon any public road, street, or highway.

(d) The General Assembly finds that electronic toll collection systems in Illinois should be standardized to promote safety, efficiency, and traveler convenience. If electronic toll collection is used on such bridge, the county shall cause the configuration of the electronic toll collection system to be compatible with the electronic toll collection system used by the Illinois State Toll Highway Authority. The municipality or private operator may enter into an agreement with the Illinois State Toll Highway Authority to provide for such compatibility or to have the Authority provide electronic toll collection or toll violation enforcement services. Any toll bridges in Winnebago County that are in operation and collecting tolls on the effective date of this amendatory Act of the 97th General Assembly are exempt from the provisions of the Act.

(Source: P.A. 101-398, eff. 8-16-19; 101-644, eff. 6-26-20.)

(605 ILCS 115/8) (from Ch. 137, par. 8)

Sec. 8. Every person or corporation owning or operating any toll bridge, shall keep a list of the legal rates of toll, printed or written in a legible hand, constantly posted up in some public place, at or near the toll gate, or place where toll is collected. If any such person or corporation shall fail to comply with the provisions of this section, he shall, for every day such list is not posted up, forfeit $10 to the county.

(Source: R.S. 1874, p. 1059.)

(605 ILCS 115/9) (from Ch. 137, par. 9)

Sec. 9. Every person or corporation who shall take or demand any greater rate of toll for the passage of any person or property over any bridge than is allowed by law, shall, for each offense, forfeit and pay to the party aggrieved the sum of $5, and such additional amount as shall have been illegally taken.

(Source: R.S. 1874, p. 1059.)

(605 ILCS 115/10) (from Ch. 137, par. 10)

Sec. 10. Every toll bridge shall be built with a good and substantial railing or siding, at least four and a half feet high, and no toll shall be collected for passing any bridge that has not such railing or siding.

(Source: R.S. 1874, p. 1059.)

(605 ILCS 115/12) (from Ch. 137, par. 12)

Sec. 12. Every person or corporation owning or operating a bridge over any navigable water course shall keep the channel thereof, above and below the bridge, free and clear from all deposits in any wise prejudicial to the navigation thereof, which may be formed or occasioned by the erection of such bridge.

(Source: R.S. 1874, p. 1059.)

(605 ILCS 115/13) (from Ch. 137, par. 13)

Sec. 13. Every person who shall willfully break, throw, draw or injure any gate erected on any toll bridge, or shall forcibly or fraudulently pass over any such bridge without having first paid or tendered the legal toll, shall be deemed guilty of a petty offense, and upon conviction shall be fined, in addition to the damage resulting from such wrongful act, in any sum not exceeding ten dollars.

(Source: P.A. 89-657, eff. 8-14-96)

(605 ILCS 115/14) (from Ch. 137, par. 14)

Sec. 14. When it shall be necessary, for the establishment, erection, repair, extension or reconstruction of any toll bridge of public utility (including all necessary approaches thereto) that may be authorized to be established or erected pursuant to this act, or which may have been heretofore erected, to take or damage private property therefor, the same may be done, and the compensation therefor ascertained, in the manner then provided by law for the exercise of the right of eminent domain.

(Source: R.S. 1874, p. 1059.)

(605 ILCS 115/15) (from Ch. 137, par. 15)

Sec. 15. Whenever the county board of any county shall deem it for the public interest that any toll bridge in such county should be made a free bridge, it may take and condemn the same for that purpose, in the manner then provided by law for the exercise of the right of eminent domain. If the bridge is situated in two counties, such right may be exercised, and the proceedings had in behalf of such counties, jointly.

(Source: R.S. 1874, p. 1059.)

(605 ILCS 115/16)

Sec. 16. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.

(Source: P.A. 94-1055, eff. 1-1-07.)