(620 ILCS 5/36) (from Ch. 15 1/2, par. 22.36)
Sec. 36.
Right to enter upon the land, buildings and structures of others.
In exercising its powers and performing its functions under the laws of
this State pertaining to aeronautics, and the rules, rulings, regulations,
orders and decisions issued pursuant thereto, the Department, each officer
thereof, and each employee designated by it, and such other departments,
agencies, representatives, officers and employees of this State and of the
municipalities
and other political subdivisions thereof as may be designated by it, or who
are charged with the enforcement of the laws of this State pertaining to
aeronautics, whether or not designated by the Department to do so, shall
have the right to enter upon the land within this State of any person,
municipality or other political subdivision and enter the buildings and
structures thereon for the purposes, when and to the extent that their duty
so requires, of making surveys, ascertaining necessary facts, and making
investigations relating to the State airport plan, a proposed or existing air navigation facility, any airport
hazard, the obtaining of airport protection privileges, the establishment
of zoning areas, the investigation of accidents concerning aircraft in this
State, the condemning of property, the investigation of any violation of
the laws of this State pertaining to aeronautics and the rules, rulings,
regulations, orders and decisions issued pursuant thereto, and for any
other purpose within the purview of the laws of this State pertaining to
aeronautics and the rules, rulings, regulations, orders and decisions
issued pursuant thereto; provided that such entry shall occur at reasonable
times and with due regard for the safety of the owner, persons in
possession or occupants thereof, and the protection of the buildings,
structures, crops, or personal property located thereon; provided, further,
that in the event any damage may be caused by virtue of any such entry, the
Department may pay, as compensation, the amount of said damage as
determined by it, in full satisfaction thereof, within the limits of
available appropriations, or, if the Department does not pay the amount of
any such damage, the person claiming compensation therefor may file his
claim in connection therewith in the Court of Claims of this State.
(Source: P.A. 92-341, eff. 8-10-01.)
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