615 ILCS 30/ Illinois and Michigan Canal Management Act.

(615 ILCS 30/0.01) (from Ch. 19, par. 0.01)

Sec. 0.01. Short title. This Act may be cited as the Illinois and Michigan Canal Management Act.

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

(615 ILCS 30/8) (from Ch. 19, par. 8)

Sec. 8. The Department of Natural Resources shall have control and management of the Illinois and Michigan canal, including its feeders, basins and appurtenances, and the property thereto belonging, and shall have authority:

(1) To obtain, subject to the "Personnel Code" approved July 18, 1955, as amended, a general superintendent and such other officers, employees and agents as may be necessary for the management of the canal, locks, dams and other improvements, and prescribe their powers and duties.

(2) To prescribe reasonable rules and regulations in respect to all matters connected with the navigation and use of the canal, locks and dams and transportation on or through the same. The Department may prohibit all persons who wilfully refuse or neglect to comply with such rules from using the canal, locks and dams. Printed copies of such rules and of this article shall be posted for public inspection.

(3) To establish and collect reasonable fees for the leasing of land and use of the canal and the locks. The use of the canal and locks shall be free for the transportation of any property of the United States or persons in their service passing through the same.

(4) To sell and dispose of any machinery, fixtures, stone, debris, material or personal property unnecessary for the proper management, construction, repair or use of the canal, locks, dams and other improvements.

(5) To lease from time to time any of the canal lands or lots, or elevators, or elevators and adjoining property owned by the State.

(6) To lease from time to time, to the highest bidder therefor, any water power and lands or lots connected therewith.

(7) To sell and convey, whenever in its judgment the interest of the State will be promoted thereby, any canal lands or lots now owned by the State, and any riparian rights in and along the Des Plaines river: but the department shall not sell any lands or any portion of the 90-foot strip along the canal which are now utilized in connection with the use of the water power upon the canal or which will prevent or interfere with the proper use and operation of the canal as an historic recreational trail. But before making any such sale the department shall obtain the approval of the Governor thereto, and to the time, place and manner of making the same. Before any such sale shall be made 30 days' previous notice thereof shall be given in some newspaper published in the county where such land, lots or riparian rights are situated. The land, lots or riparian rights shall be sold at public auction to the highest and best bidder: but any or all such bids may be rejected if, in the judgment of the Department the interests of the State seem to require it. The Department may, with the approval of the Governor, sell any such lands or lots for public recreational use at private sale without public notice and auction.

(8) To execute in due form and deliver any conveyance that may be necessary to comply with the conditions of any bond, contract or agreement heretofore made by those lawfully authorized to sell any of the real estate known as canal lands, where the purchaser has complied with the conditions of such bond, contract or agreement and the department is satisfied that the purchaser is justly entitled to such conveyance.

(Source: P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/2) (from Ch. 19, par. 9)

Sec. 2. Nothing in this Act shall be construed to repeal or affect any of the provisions of the Metropolitan Water Reclamation District Act or any Act amendatory thereof.

(Source: P.A. 90-655, eff. 7-30-98.)

(615 ILCS 30/9) (from Ch. 19, par. 10)

Sec. 9. The Department of Natural Resources shall have the following duties:

(1) To take all necessary proceedings on behalf of the state to establish the title of the state and recover the possession of any canal lands or real estate owned by the state which may be claimed by or be in the adverse possession of another person or party, and when necessary, to cause appropriate suits, in the name of the People of the State of Illinois, to be instituted and prosecuted therefor.

(2) To cause the said canal, locks and dams and appurtenances to be kept in good and sufficient repair and condition for use and whenever it shall be necessary, it may, enter upon and use, overflow or damage any contiguous lands, and procure and appropriate all such material as in its judgment may be necessary or proper to be used in making such repair, build or construct any dam, lock, or other improvement, and may take proceedings to ascertain the compensation therefor in the manner provided by law for the exercise of the right of eminent domain.

(3) To cause suits to be commenced and prosecuted against all persons trespassing upon the said canal, locks or dams or any of the canal lands belonging to the State.

(4) Such other duties as may be prescribed by law.

(Source: P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/9.5)

Sec. 9.5. 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.)

(615 ILCS 30/10) (from Ch. 19, par. 11)

Sec. 10. All deeds, title papers, agreements and contracts affecting the title to real estate in this state, heretofore executed by the board of trustees of the Illinois and Michigan canal, under the seal of said board, by the canal commissioners under their official seal, by the Department of Public Works and Buildings under its seal, by the Department of Transportation under its seal, or heretofore or hereafter executed by the Department of Natural Resources (formerly designated the Department of Conservation) under its seal, shall be admitted to record, and the same or a certified transcript of the record shall be admitted in evidence in all courts without acknowledgment or further proof.

(Source: P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/11) (from Ch. 19, par. 12)

Sec. 11. Copies of the books and entries of the sale or conveyance of any lands or lots that have been sold or conveyed by the trustees of the Illinois and Michigan canal, by the canal commissioners, by the Department of Public Works and Buildings, by the Department of Transportation, or by the Department of Natural Resources (formerly designated the Department of Conservation) under any law of this State, certified to be true and correct copies of such books or entries by the Director of Natural Resources under the official seal of the Department, shall be prima facie evidence of the facts stated in such books or entries, and of the title in the party to whom such lands or lots appear by such certified copies to have been sold or conveyed, his heirs or assigns.

(Source: P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/12) (from Ch. 19, par. 13)

Sec. 12. The Department of Natural Resources shall keep an accurate account of all moneys received and of all expenditures of every kind.

(Source: P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/13) (from Ch. 19, par. 14)

Sec. 13. (Repealed).

(Source: P.A. 78-718. Repealed by P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/14) (from Ch. 19, par. 15)

Sec. 14. (Repealed).

(Source: P.A. 77-155. Repealed by P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/15) (from Ch. 19, par. 16)

Sec. 15. (Repealed).

(Source: P.A. 78-718. Repealed by P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/16) (from Ch. 19, par. 17)

Sec. 16. Whoever, without the written consent of the Department of Natural Resources, digs any drain or ditch, or removes or deposits any earth, sand, gravel, water or other material, or causes the same to be done, whereby any substance is washed into the canal to its injury, shall, for each offense, be guilty of a Class B misdemeanor.

(Source: P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/17) (from Ch. 19, par. 18)

Sec. 17. Whoever, without the written permission of the Department of Natural Resources, constructs any wharf, basin, or watering place, or makes or contrives any device whatever, for the purpose of taking any water from the canal, or omits to conform to the directions of the Department granting such permission, shall, for each offense, be guilty of a Class B misdemeanor.

(Source: P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/18) (from Ch. 19, par. 19)

Sec. 18. Whoever shall lead, ride or drive any horse, ox, ass, mule or cattle on either bank of the canal without the permission of the Department of Natural Resources shall, for each offense, be guilty of a Class B misdemeanor.

(Source: P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/22) (from Ch. 19, par. 23)

Sec. 22. Whoever shall put, or cause to be put, any dead animal or offensive matter into the canal shall be guilty of a Class B misdemeanor.

(Source: P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/24) (from Ch. 19, par. 25)

Sec. 24. Whoever shall construct or attempt to construct any bridge across the canal without having first submitted the plan thereof to the Department of Natural Resources and obtained its consent thereto shall, for each offense, be guilty of a Class B misdemeanor and the Department may remove the same or any part thereof at the expense of the persons or authorities causing the same to be constructed.

(Source: P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/26) (from Ch. 19, par. 27)

Sec. 26. (Repealed).

(Source: R.S. 1874, p. 188. Repealed by P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/27) (from Ch. 19, par. 28)

Sec. 27. All fines and penalties herein provided for may be recovered in the name of the People of the State of Illinois and, when collected, shall be paid to the Department of Natural Resources and by it paid into the State treasury as other revenues of the canal.

(Source: P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/28) (from Ch. 19, par. 29)

Sec. 28. Whoever is guilty of any offense created by this act, shall also be liable for all damages occasioned thereby.

(Source: R.S. 1874, p. 188.)

(615 ILCS 30/29) (from Ch. 19, par. 29.1)

Sec. 29. (Repealed).

(Source: P.A. 78-718. Repealed by P.A. 89-445, eff. 2-7-96.)

(615 ILCS 30/30) (from Ch. 19, par. 29.2)

Sec. 30. (Repealed).

(Source: P.A. 78-718. Repealed by P.A. 89-445, eff. 2-7-96.)