Section 118-B. Entry upon lands by county superintendent  


Latest version.
  • The county
      superintendent may, when authorized by the county board, enter
        1. Upon any lands adjacent to any  county  road  for  the  purpose  of
      opening  an existing ditch or drain, or for digging a new ditch or drain
      for the free passage of water for the drainage of such road.
        2. Upon the lands of any person adjoining rivers, streams  or  creeks,
      to drive piles, throw up embankments and perform such other labor as may
      be  necessary to keep such rivers, streams or creeks within their proper
      channels, and to prevent their encroachment upon county roads or bridges
      and culverts thereon.
        3. Upon the lands adjoining county  roads  which,  during  the  spring
      freshets  or  at  a time of high water are subject to overflow from such
      rivers, streams or creeks, to remove or change the position of  a  fence
      or  other obstruction preventing the free flow of water under or through
      such road or bridges and culverts thereon,  whenever  the  same  may  be
      necessary for the protection of such roads, bridges or culverts.
        4.  Upon  any  lands  adjacent  to county roads to remove any fence or
      other obstruction which causes snow to drift in and upon such roads, and
      erect snow fences or other  devices  upon  such  lands  to  prevent  the
      drifting of snow in or upon such roads.
        Where lands are entered upon under the provisions of this section, the
      county  superintendent shall agree with the owner of such lands, subject
      to the approval of the county board, as to the  amount  of  damages,  if
      any, sustained by such owner in consequence of such entry in performance
      of  the  work  authorized by this section, and the amount of such damage
      shall be a county charge. If the  county  superintendent  is  unable  to
      agree  with  such  owner  upon  the amount of damages thus sustained the
      amount thereof shall be ascertained, determined and paid in  the  manner
      that   damages   are   so   ascertained,   determined  and  paid,  where
      rights-of-way  are  necessary  for  the  construction,   reconstruction,
      improvement  or  repair  of  county  roads  generally  and  the board of
      supervisors is unable to acquire such rights-of-way by purchase.