(70 ILCS 2605/17) (from Ch. 42, par. 337)
Sec. 17.
When it shall be necessary in making any improvements which any
district is authorized by this Act to make, to enter upon any public property
or property held for public use, such district shall have the power so to
do and may acquire the necessary right of way over public property or such
property held for public use in the same manner as is above provided for
acquiring private property, and may enter upon, use, widen, deepen and improve
any navigable or other waters, waterways, canal or lake; and the channel
or bed of any river, water course or stream used by such district as an
outlet for drainage, may be changed in order to straighten the same, if
the capacity of the channel is maintained unimpaired: Provided, the public
use thereof shall not be unnecessarily interrupted or interfered with.
Provided, further, that before any work shall be started, plans for such
proposed change or straightening of streams shall first be submitted to the
Department of Natural Resources of the State for
approval and a permit obtained therefor under the seal of the Director of the Department. Provided, further, that the district shall
have the power to acquire by
purchase or contract, but not by condemnation, existing sanitary
facilities, including, but not limited to, drains, ditches, outlets,
sewers and sewage treatment plants owned by any sanitary district, city,
village, incorporated town or other municipal corporation, township or
county.
Every such district may build suitable bridges with suitable approaches
thereto, with roadways and sidewalks thereon for public travel across its
main drainage channel on the line of Crawford Avenue, sometimes called Fortieth
Avenue, in the City of Chicago, as extended across the main
channel; and also on the line of California Avenue in the City of Chicago
as extended across the main drainage channel; also on the line
of Cicero Avenue, sometimes called Forty-eight Avenue, in the City of Chicago,
as extended across the main drainage channel; and on the line
of Harlem Avenue, sometimes called Seventy-second Avenue, as extended across
the main drainage channel, all in the county
of Cook; Provided, that such bridges shall be without center piers and
shall otherwise conform to the requirements of the Federal government
with regard to the width of the channel, clearance and other regulations
designed to prevent interference with commerce. In building such bridges
and approaches thereto, such district shall have the power to go beyond
the limits of its own property, to build viaducts over or subways under
public or private property or the right-of-way of any railroad, and to
acquire by purchase, condemnation or otherwise, the necessary land, and
to do all other things necessary to make access to any such bridge more
convenient and practicable. Said bridges with approaches, roadways and
sidewalks thereon shall be thereafter maintained in good order for
public travel by any such district as a corporate expense, and no
compensation shall be demanded or required to be paid any such district
for its land necessarily taken to form part of a street or highway to
afford access to any such bridge or as compensation for such bridges and
their appurtenances as aforesaid: Provided, however, that if any such
bridges with approaches, viaducts, subways, roadways and sidewalks
thereon shall lie wholly within the territorial limits of any one
municipality, then any such bridges with approaches, viaducts, subways,
roadways, sidewalks and appurtenances shall on completion be turned over
to the corporate authorities of any such municipality free of cost, and
shall thereupon become the property of such municipality, and be
maintained in good order for public travel by such municipality: And,
provided, further, however, that if any land of such district or other
land acquired by purchase, condemnation or otherwise is necessarily
taken to form a part of a street or roadway leading to any such bridge,
which land lies wholly within such municipality, or if such district
shall enter into a contract with any such municipality for the
dedication of the right of way for a street across or over any lands of
such district adjoining such main channel for an approach, or roadway
leading to any such bridge lying wholly within any such municipality,
then such street shall become a part of the public highways of such
municipality, and such municipality shall thereafter maintain such
street and all parts and portions thereof and shall place any and all
improvements that such municipality may deem necessary in such street
without any cost or charge of any kind to the district.
(Source: P.A. 89-445, eff. 2-7-96.)
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