(615 ILCS 35/0.01)

(from Ch. 19, par. 29.9)

Sec. 0.01.

Short title.

This Act may be cited as the

Illinois and Michigan Canal Protection Act.

(Source: P.A. 86‑1324.)

(615 ILCS 35/1)

(from Ch. 19, par. 30)

Sec. 1.

The Department of Natural Resources may ascertain and establish the surveys of the Illinois and Michigan Canal and the strips of land adjacent thereto, including the 90 foot strips as originally made and laid out by the State and Federal governments. The Department may employ, without reference to the State Civil Service Act, such engineers, surveyors, investigators or expert help, as may be necessary for that purpose and enter upon and take possession of any lands or premises now belonging to the State which were granted to it by the Federal government or became its property in connection with the construction of said Illinois and Michigan Canal.

(Source: P.A. 89‑445, eff. 2‑7‑96.)

(615 ILCS 35/2)

(from Ch. 19, par. 31)

Sec. 2.

No claim, other than that of the State, to any of the lands and premises, shall be recognized by the Department of Natural Resources or by any other officer of the State, except in cases where such claim is based upon the valid deed, contract, lease or permit of the proper officers of the State. It shall be the duty of the Department of Natural Resources to protect the rights of the State against any one who may have improperly seized or occupied any of the lands or premises and to that end it may employ any and all means which may be lawfully used in protecting the property of the State.

(Source: P.A. 89‑445, eff. 2‑7‑96.)

(615 ILCS 35/3)

(from Ch. 19, par. 32)

Sec. 3.

The Department of Natural Resources shall protect against and prevent encroachments upon the Illinois and Michigan Canal. The Department may change and improve the canal to provide for any other use in connection with conservation or recreation which the Department considers advantageous to the State. No permission now or hereafter granted, which results in obstruction to the navigable condition or capacity of any portion of the canal or interferes with its use for any of the purposes named shall operate in any way whatever to deprive the State of any of its rights in the canal or canal lands and all obstructions or structures now or hereafter erected or placed in the canal shall be subject to removal upon the order of the Department of Natural Resources. However, the use of the Sag channel of the Sanitary District of Chicago shall not be prevented nor shall it be considered an obstruction within the meaning of this Section, but the State may require, in the development of its waterways and the use of the Illinois & Michigan canal such changes in the crossing of the Illinois & Michigan canal by the Sag channel as may be necessary for the use of the Illinois & Michigan canal by the State.

(Source: P.A. 89‑445, eff. 2‑7‑96.)

(615 ILCS 35/4)

(from Ch. 19, par. 33)

Sec. 4.

The Attorney General of the State of Illinois is hereby authorized and directed to institute in the name of the People and to prosecute whatever suits are necessary to protect and maintain the rights of the State in and to said Illinois & Michigan Canal throughout its entire ninety‑six mile course from the south fork of the south branch of the Chicago River to the point at which it connects with the Illinois at LaSalle.

(Source: Laws 1919, p. 976.)

(615 ILCS 35/5)

(from Ch. 19, par. 34)

Sec. 5.

The Department of Natural Resources may, after due notice and hearing, make whatever administrative rules are necessary to make effective the provisions of this Act.

(Source: P.A. 89‑445, eff. 2‑7‑96.)

(615 ILCS 35/7)

(from Ch. 19, par. 34.1)

Sec. 7.

(Repealed).

(Source: P.A. 78‑718. Repealed by P.A. 89‑445, eff. 2‑7‑96.)