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Illinois Compiled Statutes
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() 65 ILCS 5/Art. 11 Div. 123
(65 ILCS 5/Art. 11 Div. 123 heading)
DIVISION 123.
HARBOR AND TERMINAL FACILITIES
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65 ILCS 5/11-123-1
(65 ILCS 5/11-123-1) (from Ch. 24, par. 11-123-1)
Sec. 11-123-1.
The term "utility," as used in this Division 123 means and
includes: (1) harbors, canals, slips, wharves, docks, levees, piers, quay
walls, breakwaters, and all appropriate harbor structures, facilities,
connections, and improvements; and (2) such elevators, vaults, warehouses,
including cold storage warehouses which may be acquired, owned, maintained,
or operated in connection therewith, as necessary adjuncts or incidental to
transportation or railroad terminals; and (3) all other necessary or
appropriate terminal facilities.
The term "artificially made or reclaimed land," as used in this Division
123, includes all land which formerly was submerged under the public waters
of the state, the title to which is in the state, and which has been
artificially made or reclaimed in whole or in part contrary to law.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-2
(65 ILCS 5/11-123-2) (from Ch. 24, par. 11-123-2)
Sec. 11-123-2.
Every city and village may acquire, own, construct,
maintain, and operate utilities anywhere within the jurisdiction or
corporate limits of the city or village, or in, over, and upon public
waters bordering thereon.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-3
(65 ILCS 5/11-123-3) (from Ch. 24, par. 11-123-3)
Sec. 11-123-3.
Every city or village with only a river water frontage may
acquire, own, construct, maintain, and operate railroad terminal
facilities, tracks, and connections, necessary or appropriate to connect a
utility with any railroad or interurban railroad entering the municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-4
(65 ILCS 5/11-123-4) (from Ch. 24, par. 11-123-4)
Sec. 11-123-4. Every city and village for the purpose of carrying out the
powers granted in this Division 123, may acquire by purchase, gift, or
condemnation, any property necessary or appropriate for any of the purposes
enumerated in this Division 123. In all cases where property is acquired or
sought to be acquired by condemnation, the procedure shall be, as nearly as
may be, like that provided for the exercise of
the right of eminent domain under the Eminent Domain Act. Nothing in this Section limits the power of a
municipality to acquire by grant from the state submerged land or
artificially made or reclaimed land as provided in Section 11-123-9.
(Source: P.A. 94-1055, eff. 1-1-07.)
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65 ILCS 5/11-123-5
(65 ILCS 5/11-123-5) (from Ch. 24, par. 11-123-5)
Sec. 11-123-5.
Every city and village may use, occupy, and reclaim such
submerged land under the public waters of the state within the corporate
limits or jurisdiction of, or bordering on the municipality, as may be
necessary or appropriate for any of the purposes enumerated in this
Division 123. The power granted in this section is superior to and takes
precedence over any similar power heretofore granted to any person, other
than a city or village, in so far as that similar power has not been
exercised at the time when a city or village by ordinance, as to land
therein particularly described, determines to exercise the power granted in
this section.
Except as otherwise provided in this Code or in any other law of this
state, no person or corporation, private, public, or municipal, other than
a city or village, shall hereafter construct a utility over and upon such
submerged lands within the limits or jurisdiction of any such city or
village, or over or upon any public waters bordering thereon, without first
securing the consent of the corporate authorities of such city or village.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-6
(65 ILCS 5/11-123-6) (from Ch. 24, par. 11-123-6)
Sec. 11-123-6.
Every city and village may take possession of, use, and
occupy any artificially made or reclaimed land (1) which before the
artificial making or reclamation thereof constituted a portion of the
submerged land under the public waters of the State of Illinois, and (2)
which lies within the corporate limits or jurisdiction of or borders on the
municipality, and (3) the title to which is in the State of Illinois, when
the land is declared by an ordinance of the municipality particularly
describing it to be necessary or appropriate for any of the purposes
enumerated in this Division 123.
Every city and village has the power to bring and maintain all necessary
suits, actions, or proceedings, in its corporate name, against any person
for the recovery of the possession of such artificially made or reclaimed
land. This land, when so acquired, shall be held, used, and occupied by the
city or village subject to the conditions stated in this Division 123.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-7
(65 ILCS 5/11-123-7) (from Ch. 24, par. 11-123-7)
Sec. 11-123-7.
Every city and village may take possession of, use, and
occupy any artificially made or reclaimed land specified in Section
11-123-6, when the land is declared by an ordinance of the municipality
particularly describing it to be necessary or appropriate for approaches to
or connections with a utility.
Every city and village may establish, widen, extend, grade, pave, and
otherwise improve such approaches or connections over and upon such
artificially made or reclaimed land and to vacate all or any part of the
approaches or connections.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-8
(65 ILCS 5/11-123-8) (from Ch. 24, par. 11-123-8)
Sec. 11-123-8.
Every city and village may acquire the land, whether of
natural or artificial formation, property, and property rights, including
riparian rights, of any owner or claimant, other than a city or village, on
the shores of public waters in, upon, or near which it is proposed to
construct any utility.
Every city and village may also acquire the title of such an owner or
claimant to the land lying beneath, adjacent to or adjoining the specified
public waters, without other compensation, by agreeing with the owner or
claimant upon a boundary line dividing the land, whether of natural or
artificial formation, to be acquired by the municipality, and the adjacent,
adjoining, submerged, or other land, whether of natural or artificial
formation, to be taken and acquired by the owner or claimant. The rights
and property to be taken and acquired, respectively, by the city or village
and by the owner or claimant, shall be specifically described and set forth
in the judgment to be entered by the court as provided in Section 11-123-9.
(Source: P.A. 79-1361.)
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65 ILCS 5/11-123-9
(65 ILCS 5/11-123-9) (from Ch. 24, par. 11-123-9)
Sec. 11-123-9.
When any city or village and the owner or claimant
have agreed upon a boundary line as provided in Section 11-123-8, the
city or village shall commence a civil action in the circuit court of
the county in which the land is situated, praying that the boundary line
be established and confirmed by judgment of the court. All persons
interested in the land as owners or otherwise, who appear of record, if
known, or if not known, upon stating the fact, shall be made parties
defendant. Interested persons whose names are unknown may be made
parties defendant by the description of unknown owners, but in all cases
an affidavit shall be filed by or on behalf of the municipality, setting
forth that the names of these persons are unknown.
The municipality shall publish notice of the commencement of the
action once a week for 3 consecutive weeks, in one or more newspapers
published in the municipality, or, if no newspaper is published therein,
then in one or more newspapers with a general circulation within the
municipality. In municipalities with less than 500 population in which
no newspaper is published, publication may instead be made by posting a
notice in 3 prominent places within the municipality. The notices shall
contain the title of the action and the return day at which the
defendants are to appear, and the last of the notices shall be published
not less than 10 nor more than 20 days before the return day. The
defendants who do not enter their appearances shall be served with
process and the proceedings in the action shall be conducted in the same
manner as provided by the Civil Practice Law, as heretofore and
hereafter amended and the Supreme Court Rules, now or hereafter
adopted, in relation to that Law, except as otherwise provided in this
Division 123.
If upon a hearing the court finds that the rights and interests of
the public have been duly conserved by the agreement, the court shall
confirm the agreement and establish the boundary line. Otherwise the
court, in its discretion, shall dismiss the suit. If the boundary line
agreed upon is so established and confirmed by a court judgment, it
shall be the permanent boundary line thereafter and shall not be
affected either by accretion or erosion.
The establishment of such a boundary line operates as a conveyance
and release to the municipality of all the right, title, and interest of
owners to all land, property, and property rights, including riparian
rights, lying upon the outer or water side of the boundary line. The
municipality is hereby granted by the State of Illinois the title to all
land, property, and property rights, including riparian rights, lying
upon the outer or water side of the boundary line when so established.
The owners of the shore land are hereby granted by the State of Illinois
the title to the adjacent, adjoining, submerged, or other land, whether
of natural or artificial formation, as specifically and particularly
described in the court judgment, lying upon the inner or land side of
the boundary line when so established. These owners may fill in,
improve, protect, and use, sell, and convey this land lying upon the
inner or land side of the boundary line free from any adverse claim in
any way arising out of any question as to where the shore line was at
any time in the past, or as to the title to any existing accretions.
(Source: P.A. 82-783.)
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65 ILCS 5/11-123-10
(65 ILCS 5/11-123-10) (from Ch. 24, par. 11-123-10)
Sec. 11-123-10.
Every city or village may occupy, hold, and use any land
acquired by the municipality under this Division 123 or under any act providing
for harbor construction. A specified municipality may occupy, hold, and
use any submerged land of the State of Illinois filled in or reclaimed by
the municipality in connection with or in construction of a utility for
the uses and purposes provided for in this Division 123. A specified municipality
may lease any of this land for a period not longer than 50 years to any
person upon such terms and conditions as are prescribed by ordinance, but
the ordinance shall provide that the rental value of the land shall be revalued
near the end of each 10 years of the rental period and that the rental for
the ensuing 10 years shall be adjusted and fixed in accordance with that evaluation.
Before such a lease becomes effective, it shall be approved in writing
by the Secretary of Transportation of the state, and, in case of approval, it
shall be authenticated by the seal of that department.
All money received by a specified municipality from the lease of land forming
a part of any harbor development shall be credited to a fund entitled the
harbor fund of that particular harbor development. All money expended by
the municipality for any purpose in relation to that land or in relation
to the construction and maintenance of any utility, may be charged to the
harbor fund, and that fund shall be used for no other purpose.
(Source: P.A. 81-840.)
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65 ILCS 5/11-123-11
(65 ILCS 5/11-123-11) (from Ch. 24, par. 11-123-11)
Sec. 11-123-11.
Every city or village may levy and collect in each of 4 consecutive
years a tax of .0125% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property therein,
for the current year. This tax shall be in addition to all taxes
authorized by law to be levied and collected in that municipality. The
proceeds of this additional tax shall be used for harbor construction
purposes only and shall be credited to the harbor fund for that
particular harbor development.
The foregoing limitation upon tax rate in cities and villages of less
than 1,000,000 population may be increased or decreased according to the
referendum provisions of the General Revenue Law of Illinois.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-123-12
(65 ILCS 5/11-123-12) (from Ch. 24, par. 11-123-12)
Sec. 11-123-12.
Any city or village may lease any part or all of any
utility owned by it in the manner and subject to the limitations provided
in Sections 11-76-1 and 11-76-2.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-13
(65 ILCS 5/11-123-13) (from Ch. 24, par. 11-123-13)
Sec. 11-123-13.
Every city and village may locate and establish dock lines
and harbor lines in the public waters or rivers within the limits or
jurisdiction of, or bordering on the city or village.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-14
(65 ILCS 5/11-123-14) (from Ch. 24, par. 11-123-14)
Sec. 11-123-14. Every city and village owning and operating, or owning and
leasing any portion of a utility, shall keep the accounts for the utilities
separate and distinct from other municipal accounts and in such manner as
to show the true and complete financial standing and results of the
municipal ownership and operation or of the municipal ownership and
leasing, as the case may be. These accounts shall be so kept as to show:
(1) the actual cost of the municipality of the utilities owned; (2) all
costs of maintenance, extension, and improvement; (3) all operating
expenses of every description, in case of municipal operation, whether of
the whole or of a part of the utilities; (4) if water or other service is
furnished for the use of the utilities without charge, as nearly as
possible, the value of that service, and also the value of any service
rendered by the utilities to any reasonable allowances for interest,
depreciation, and other municipal department without charge; (5) insurance;
and (6) estimates of the amount of taxes that would be chargeable against
the utilities if owned by a private corporation. The corporate authorities
of the municipality shall have printed annually for public distribution, a
report showing the financial standing and results, in the form specified in
this section, of the municipal ownership and operation, or of municipal
ownership and leasing. This report shall be published in one or more
newspapers published in the municipality, or, if no newspaper is published
therein, then in one or more newspapers with a general circulation within
the municipality. In municipalities with less than 500 population in which
no newspaper is published, publication may instead be made by posting a
notice in 3 prominent places within the municipality.
The accounts of the utilities shall be examined at least once a year by
a licensed Certified Public Accountant permitted to perform audits under the Illinois Public Accounting Act, who shall report to the corporate authorities the
results of his examination. This accountant shall be selected in
such manner as the corporate authorities may direct, and he shall receive
for his services such compensation, to be paid out of the revenue from the
utilities, as the corporate authorities may prescribe.
(Source: P.A. 94-465, eff. 8-4-05.)
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65 ILCS 5/11-123-15
(65 ILCS 5/11-123-15) (from Ch. 24, par. 11-123-15)
Sec. 11-123-15.
Every city and village has the power to use any portion of
a utility for public recreation purposes if, in the judgment of the
corporate authorities of the municipality, the utility can be used for
public recreation purposes without interfering with the use of the utility
for transportation purposes.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-16
(65 ILCS 5/11-123-16) (from Ch. 24, par. 11-123-16)
Sec. 11-123-16.
In connection with the use of any portion of a utility for
recreation purposes, as specified in Section 11-123-15, every city and
village has the power to provide, by lease or contract, for the sale in or
on the utility of food, non-alcoholic drinks, and merchandise, and for the
giving in or on the utility of dances, concerts, exhibitions, and other
entertainments, and for check-room privileges incidental thereto. Upon
reasonable notice, however, such a lease or contract is terminable by the
municipality, either with or without compensation therefor as may be
therein stipulated, whenever in the judgment of the corporate authorities
of the municipality the transportation necessities make such termination
desirable. No such lease or contract shall be entered into for a period
exceeding 5 years except in conformity with the provisions of Section
11-123-12.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-17
(65 ILCS 5/11-123-17) (from Ch. 24, par. 11-123-17)
Sec. 11-123-17.
No portion of a utility, except a breakwater, shall be
constructed within one-half mile of any intake of water for public
consumption, and in constructing such a utility no ashes, cinders, or waste
shall be dumped into any public waters within 4 miles of any intake of
water for public consumption unless placed behind retaining bulkheads. This
section does not apply to any city or village whose water frontage is
exclusively on a river.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-18
(65 ILCS 5/11-123-18) (from Ch. 24, par. 11-123-18)
Sec. 11-123-18.
Every city and village by ordinance may authorize any
public or municipal corporation, other than a city or village, which is
authorized by law to construct or operate a utility, to construct and
operate a utility within the corporate limits or jurisdiction of, or
bordering on, the city or village, on such terms and conditions as may be
determined in the ordinance, and on such terms and conditions as may be
provided by law.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-19
(65 ILCS 5/11-123-19) (from Ch. 24, par. 11-123-19)
Sec. 11-123-19.
Whenever any public or municipal corporation constructs a
utility under authority of Section 11-123-18, or any other law of the
state, within the corporate limits or jurisdiction of any city or village,
or in, over, or upon public waters bordering thereon, the city or village
has the power to purchase the utility on such terms and conditions as may
be provided by law, and in case no terms and conditions are provided by
law, then on such terms and conditions as may be agreed upon by the city or
village and the public or municipal corporation.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-20
(65 ILCS 5/11-123-20) (from Ch. 24, par. 11-123-20)
Sec. 11-123-20.
Every city and village may cross by roadways or other
appropriate means, the ways, drives, boulevards, beaches, wharves, docks,
levees, piers, breakwaters, retaining walls, land, or submerged land of any
public or municipal corporation, other than a city or village, whenever the
crossing is declared by ordinance of the municipality to be necessary or
advantageous to the development and use of a utility.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-21
(65 ILCS 5/11-123-21) (from Ch. 24, par. 11-123-21)
Sec. 11-123-21.
Accretions or artificially made or reclaimed land, which
may be formed or added to any utility constructed under this Division 123
by a public or municipal corporation, other than a city or village, shall
not become the property of that public or municipal corporation, but shall
revert to and become the property of the city or village for the purposes
of this Division 123, subject to such disposition as the corporate
authorities of the city or village shall direct.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-22
(65 ILCS 5/11-123-22) (from Ch. 24, par. 11-123-22)
Sec. 11-123-22.
The powers granted by this Division 123 are subject to the
provisions of section 18 of "An Act in relation to the regulations of the
rivers, lakes and streams of the State of Illinois," approved June 10,
1911, as heretofore and hereafter amended.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-23
(65 ILCS 5/11-123-23) (from Ch. 24, par. 11-123-23)
Sec. 11-123-23.
Sections 11-123-1 through 11-123-22 shall not be considered
as impairing the provisions of "An Act to enable Park Commissioners having
control of a park or parks bordering upon public waters in this State, to
enlarge and connect the same from time to time by extensions over lands and
the bed of such waters, and defining the use which may be made of such
extensions, and granting lands for the purpose of such enlargements,"
approved May 14, 1903, as heretofore and hereafter amended.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-24
(65 ILCS 5/11-123-24) (from Ch. 24, par. 11-123-24)
Sec. 11-123-24.
For the purpose of widening, deepening, or otherwise
improving a river or harbor, a city or village may institute proceedings in
any court of record to condemn any land or right-of-way needed for that
purpose and to pay for the land or right-of-way by special assessment upon
the property specially benefited by the widening, deepening, or other
improvement of the river or harbor, or upon the public, or both, as the
case may be. The proceedings shall be instituted in the manner provided by
and in all respects under the provisions of Article 9.
(Source: Laws 1961, p. 576.)
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