ILLINOIS STUDY OF HIGHWAY AND AGRICULTURAL DRAINAGE LAWS

EXISTING ILLINOIS DRAINAGE LAWS APPLICABLE TO HIGHWAY AND AGRICULTURAL ACTIVITIES WERE COMPILED AND ANALYZED. THIS PAPER INDICATES THE MAJOR SUBSTANTIVE AREAS OF THE SUBJECT MATTER DEALT WITH IN THE ILLINOIS LAW, AND WHICH ARE LIKELY TO BE FOUND IN THE LAW OF OTHER STATES, AND DESCRIBES THE FRAMEWORK USED FOR ORGANIZING AND CARRYING ON THIS STUDY OF RELATED LAWS. LAWS RELATING TO DRAINAGE ARE DERIVED FROM TWO SOURCES' COMMON LAW AND STATUTORY LAW. COMMON LAW DIFFERS FROM STATE TO STATE. ILLINOIS HAS ADOPTED THE CIVIL LAW RULE SO THIS REPORT HAS FOLLOWED THIS RULE IN OUTLINING THE RIGHTS AND DUTIES OF THE VARIOUS PARTIES. ANALYSIS IS MADE OF THE CIVIL LAW RULE, THE COMMON ENEMY RULE AND THE REASONABLE USE RULE RELATING TO TYPES OF DRAINAGE WATER MOVEMENT, NATURAL FLOW OF SURFACE WATER, ACCELERATION, DIVERSION, PONDED AREAS, OBSTRUCTION, OVERFLOW, AND EASEMENTS AND LICENSES. REFERENCES' ILLINOIS HIGHWAY AND AGRICULTURAL DRAINAGE LAWS, C.J.W. DRABLOS, B.A. JONES, JR., UNIV OF ILLINOIS ENGINEERING EXPERIMENT STATION CIRCULAR NO. 76, URBANA, 1963.

• Record URL:
  http://onlinepubs.trb.org/Onlinepubs/hrr/1964/58/58-004.pdf
• Supplemental Notes:
  • Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved
• Authors:
  • Drablos, Carroll J W
  • Jones Jr, Benjamin A
• Publication Date: 1964

Media Info

• Media Type: Print
• Features: Figures; References;
• Pagination: pp 21-32
• Monograph Title: Drainage law; Flood plain planning; Depressed curb-opening inlets
• Serial:
  • Highway Research Record
  • Issue Number: 58
  • Publisher: Highway Research Board

Subject/Index Terms

• TRT Terms: Assessments; Case studies; Drainage; Flow; Laws; Legal documents; Licenses; Motion; Obstructions (Navigation); Overflows; Streamflow; Surface drainage; Water; Water areas
• Uncontrolled Terms: Surface waters
• Geographic Terms: Illinois
• Old TRIS Terms: Agricultural drainage; Highway drainage; Legal studies; Obstruction
• Subject Areas: Finance; Highways; Hydraulics and Hydrology; Law; Safety and Human Factors;

Filing Info

• Accession Number: 00203937
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Apr 1 1994 12:00AM