(615 ILCS 105/2) (from Ch. 105, par. 482b)
Sec. 2.
Transfer of railroad bridges.
(a) The Department of Natural Resources hereby is authorized, at any time
before the acceptance of title to the Canal as provided in Section 3 of
this Act, to enter into an agreement with any corporation owning a
railroad which crosses a bridge over the Canal, providing for (1) a request
by both parties to the Secretary of the Army for a conveyance to the said
corporation of all right, title, and interest of the United States in and
to such bridge; (2) a further request (at the discretion of said
corporation) by both parties to the Secretary of the Army, for permission
to said corporation to replace such bridge with a land fill, making
adequate provision for culverts and other structures allowing passage of
the waters of the Canal and necessary drainage, and for right-of-way for
necessary and appropriate road crossings; (3) the assumption by said
corporation, upon delivery of such conveyance, of all obligation to
maintain said bridge and any land fill which may replace the same, and any
culverts or other structures and road crossings appurtenant to such fill;
and (4) an agreement by said corporation to hold the United States and the
State safe and harmless from any and all claims arising out of the
construction, reconstruction, repair, and maintenance of such bridge, land
fill, culverts or other structures, and road crossings.
(b) The Department of Natural Resources further is authorized, after the
acceptance of title to the Canal as provided in Section 3 of this Act, to
enter into an agreement with any corporation owning a railroad which
crosses a bridge over the Canal and which corporation has not obtained
title to such bridge as provided in Subsection (a) of this Section, which
agreement shall provide for (1) the conveyance to the said corporation of
all right, title, and interest of the State in and to such bridge; (2) the
replacement (at the discretion of the said corporation) of such bridge with
a land fill, making adequate provision for culverts and other structures
allowing passage of the waters of the Canal and for necessary drainage, and
for rights-of-way for necessary and appropriate road crossings; (3) the
assumption by said corporation of all obligation to maintain the said
bridge and any land fill which may replace the same, and any culverts or
other structures and road crossings appurtenant to such fill; and (4) an
agreement by said corporation to hold the State safe and harmless from any
and all claims arising out of the construction, reconstruction, repair, and
maintenance of such bridge, land fill, culverts or other structures, and
road crossings.
(c) The Department of Natural Resources is authorized
to execute, on behalf of the State, all conveyances and other documents
necessary and appropriate to accomplish the purposes of this Section.
(Source: P.A. 89-445, eff. 2-7-96.)
|