(220 ILCS 50/13) (from Ch. 111 2/3, par. 1613)
(Text of Section before amendment by P.A. 103-614)
Sec. 13.
Mandamus or injunction.
Where public safety or the
preservation
of uninterrupted,
necessary utility service or community antenna television system service is
endangered by any person engaging in excavation or demolition in a
negligent or unsafe manner which has resulted in or is likely to result in
damage to underground utility facilities or CATS facilities or
proposing to use procedures for excavation or demolition which are likely
to result in damage to underground utility facilities or CATS facilities,
or where the owner or operator of underground utility facilities or CATS
facilities endangers an excavator by willfully failing to respond to a locate
request,
the owner or operator of such facilities or the excavator or the State's
Attorney or the Illinois Commerce Commission at the request of the owner or
operator of such facilities or the excavator may commence an action
in the circuit court for the county in which the excavation or demolition
is occurring or is to occur, or in which the person complained of has his
principal place of business or resides, for the purpose of having such
negligent or unsafe excavation or demolition stopped and prevented or to
compel the marking of underground utilities facilities or CATS facilities,
either
by mandamus or injunction.
(Source: P.A. 92-179, eff. 7-1-02.)
(Text of Section after amendment by P.A. 103-614) Sec. 13. Mandamus or injunction. Where public safety or the preservation of uninterrupted, necessary facilities service is endangered by any excavator in a negligent or unsafe manner which has resulted in or is likely to result in damage to facilities or proposing to use procedures for excavation or demolition which are likely to result in damage to facilities, or where the underground utility facility owner or operator endangers an excavator by willfully failing to respond to a notice, the underground utility facility owner or operator or the excavator or the State's Attorney or the Illinois Commerce Commission at the request of the underground utility facility owner or operator or the excavator may commence an action in the circuit court for the county in which the excavation or demolition is occurring or is to occur, or in which the person or entity complained of has its principal place of business or resides, for the purpose of having such negligent or unsafe excavation or demolition stopped and prevented or to compel the marking of facilities, either by mandamus or injunction.(Source: P.A. 103-614, eff. 1-1-25.)
|