Illinois General Assembly - Illinois Compiled Statutes

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70 ILCS 2605/19

(70 ILCS 2605/19) (from Ch. 42, par. 339)

Sec. 19.

Every sanitary district shall be liable for all damages to real
estate within or without such district which shall be overflowed or
otherwise damaged by reason of the construction, enlargement or use of any
channel, ditch, drain, outlet or other improvement under the provisions of
this act; and actions to recover such damages may be brought in the county
where such real estate is situated, or in the county where such sanitary
district is located, at the option of the party claiming to be injured. And
in case judgment is rendered against such district for damage, the
plaintiff shall also recover his reasonable attorneys' fees to be taxed as
costs of suit: Provided, however, it shall appear on the hearing of
plaintiff's motion to tax such attorney's fees, that the plaintiff notified
the trustees of such district, in writing, at least 60 days before suit was
commenced by leaving a copy of such notice with some one of the trustees of
such district, stating that he claims damages to the amount of .... dollars
by reason of (here insert the cause of damage) and intends to sue for the
same: And, provided further, that the amount recovered shall be larger than
the amount offered by said trustees (if anything) as a compromise for
damages sustained.

(Source: Laws 1907, p. 284.)