(765 ILCS 505/1) (from Ch. 96 1/2, par. 151)
Sec. 1.
Making drains,
roads or railroads - Eminent domain.
Whenever any mine or mining place shall be
so situated that it cannot be conveniently worked without a road or
railroad thereto, or ditch to drain the same or to convey water thereto,
and such road, railroad or ditch shall necessarily pass over, through or
under other land owned or occupied by others, the owner or operator of any
such mine or mining place may enter upon such lands, and construct such
road, railroad or ditch, upon complying with the law in relation to the
exercise of the right of eminent domain.
Public and private ways -- Horse and dummy railroad. And the
commissioners of highways of any county under township organization, and
the county board in counties not under township organization, may, when the
public good requires, cause to be laid out and opened public highways, or
private roads or cartways, from any coal mine to a public highway or to a
railway, as the public good may require, in the same way as now is or may
hereafter be provided by law for the laying out and opening of public
highways or private roads or cartways, and may permit the owner, lessee or
operator of any coal mine to lay down and operate a horse or dummy railway
thereon, or upon any highway or private road or cartway now or hereafter
laid out and opened for public or public and private use, but always in
such a manner and way, and upon such place thereon, as to not unnecessarily
interfere with ordinary public travel.
(Source: R.S. 1874, p. 709.)
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