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Illinois drainage law??
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sand85
Posted 4/14/2019 15:56 (#7439137 - in reply to #7438794)
Subject: RE: Illinois drainage law??


C IL

OK.  So you know your rights.  In the situation presented and as a general rule, a landowner can't divert water outside of the natural course of flow.

 

Now, actually obtaining a change in the situation can be contentious, I'm sure you know.  Could be as easy as a conversation with the neighbor or it could eventually involve engineers and lawyers.  Under our legal system, unfortunately it usually costs money to enforce your rights.

If you're willing, I'd appreciate it if you'd follow up on how this gets resolved in the future.  I consult in this field and I try to stay abreast of how people are solving these issues in IL. It's usually cheaper to stay outside of a courtroom but it doesn't always happen, because some people just have to have a neutral arbiter (judge) decide when they can't stay calm and talk to each other. 

 

You may be within your rights to build a berm on your side to contain the water your neighbor is diverting and ensure it remains on his side.  Or you can ask him to shorten his dry dam by 20' so the water runs around on his land.  Or go to court, or lots of things.  As always, the devil is in the details and the specific facts of the situation are very important when it comes down to legal issues.

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