Illinois and Michigan Canal Development Act.

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(615 ILCS 45/0.01) (from Ch. 19, par. 37.10)

Sec. 0.01. Short title. This Act may be cited as the Illinois and Michigan Canal Development Act.

(Source: P.A. 86-1324.)


(615 ILCS 45/1) (from Ch. 19, par. 37.11)

Sec. 1. The State-owned Illinois and Michigan Canal, extending from Chicago to the Illinois River at LaSalle, passing through Cook, Will, Grundy, and LaSalle Counties, is no longer useful or operated as a canal for commercial purposes and is declared abandoned for the carriage of commerce by water.

(Source: Laws 1965, p. 1899.)


(615 ILCS 45/2) (from Ch. 19, par. 37.12)

Sec. 2. The Department of Natural Resources in cooperation with other state, local or federal agencies shall prepare a master plan for the comprehensive development and management of the Illinois and Michigan Canal, having as its major focus the historic preservation and recreational usage of the Canal and its use as a State Park. The plan shall include provisions for the use or disposal of those Canal lands not so historically and recreationally usable.

(Source: P.A. 89-445, eff. 2-7-96.)


(615 ILCS 45/3) (from Ch. 19, par. 37.13)

Sec. 3. (Repealed).

(Source: P.A. 78-1276. Repealed by P.A. 89-445, eff. 2-7-96.)


(615 ILCS 45/4) (from Ch. 19, par. 37.14)

Sec. 4. (Repealed).

(Source: P.A. 77-2123. Repealed by P.A. 89-445, eff. 2-7-96.)


(615 ILCS 45/5) (from Ch. 19, par. 37.15)

Sec. 5. (Repealed).

(Source: P.A. 77-2123. Repealed by P.A. 89-445, eff. 2-7-96.)


(615 ILCS 45/6) (from Ch. 19, par. 37.16)

Sec. 6. (Repealed).

(Source: P.A. 76-1192. Repealed by P.A. 89-445, eff. 2-7-96.)


(615 ILCS 45/7) (from Ch. 19, par. 37.17)

Sec. 7. (Repealed).

(Source: Laws 1965, p. 1899. Repealed by P.A. 89-445, eff. 2-7-96.)


(615 ILCS 45/8) (from Ch. 19, par. 37.18)

Sec. 8. All revenues derived from the Canal through sale of Canal lands, lease of Canal lands, Canal concessions, and other Canal activities, shall be deposited in the State Parks Fund, created by Section 5 of "An Act in relation to State finance", and shall be used as provided in Section 8.11 of that Act.

(Source: P.A. 77-2123.)


(615 ILCS 45/9) (from Ch. 19, par. 37.19)

Sec. 9. (a) The Department of Natural Resources, upon proper application made thereto, is authorized, subject to the approval of the Governor, to sell, transfer, or convey Canal lands to any department or agency of the United States Government or transfer jurisdiction and control over such lands, pursuant to the provisions of Section 2705-550 of the Department of Transportation Law, to any department or agency of the State of Illinois or convey to any political subdivision thereof, or any quasi public board or agency having present or immediate future need for said Canal land for public recreation, parks, historic sites, or other projects of public nature upon such terms as may be mutually agreed upon by the parties in interest if such sale, transfer or conveyance is in accordance with the master plan for the development and management of the Canal. Said transfer, sale, or conveyance shall contain such conditions and stipulations as the Department may deem necessary to preserve the best interest of the State of Illinois.

(b) With respect to canal lands conveyed to the City of Ottawa, Illinois by deed dated August 18, 1970, and recorded September 15, 1970, as Document #563847, all restrictions imposed by this Section and those imposed in the deed of conveyance are herewith removed.

(Source: P.A. 102-461, eff. 1-1-22.)


(615 ILCS 45/10) (from Ch. 19, par. 37.20)

Sec. 10. When so proposed in the master plan for the development and management of the Canal, the Department is authorized, in its discretion, to prepare and devise schemes, plans, ways and means for the reservation and acquisition by the State of Illinois of desirable tracts of land abutting, adjoining, or situated in areas along the Canal. The Department is authorized to obtain options on such lands, to acquire by purchase, or by condemnation under the Eminent Domain Act, any and all land sought to carry out the provisions of this Act.

(Source: P.A. 77-2123.)


(615 ILCS 45/10.5)

Sec. 10.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.

(Source: P.A. 94-1055, eff. 1-1-07.)


(615 ILCS 45/11) (from Ch. 19, par. 37.21)

Sec. 11. Drainage, flood control, and other improvements, together with other regulatory procedures shall be provided when the Department in its discretion, determines that the same is necessary to protect the interest of the State of Illinois in and to the Canal lands or any improvement made or in progress in connection therewith as provided by this Act.

(Source: Laws 1965, p. 1899.)


(615 ILCS 45/14) (from Ch. 19, par. 37.24)

Sec. 14. (a) The provisions of this Act shall supplement and not supersede any prior Acts of the General Assembly unless expressly provided otherwise in this Act.

(b) The powers, duties and responsibilities conferred by this Act, expressly or by implication, shall be in addition to and not in derogation of any existing authority conferred by other Acts of the General Assembly or the laws of Illinois.

(c) The abandonment of the Canal as declared in this Act shall not remove the lands referred to in this Act from the jurisdiction, control and powers transferred to and conferred upon the Department of Natural Resources over waterways and public waters of the State and such lands and waters and other property as are subject to this Act shall remain subject to the powers, duties and responsibilities of that Department, undiminished by the declaration of abandonment contained in this Act, until the lands or property are disposed of by the Department.

(d) This Act shall be liberally construed to the end that the lands, waters and property of the Illinois and Michigan Canal shall be used and developed, leased, sold or disposed of for the fullest benefit of the People of Illinois.

(Source: P.A. 89-445, eff. 2-7-96.)

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