§ 3-27. Organization of Drainage District by User. Where 2 or more parties owning adjoining or contiguous lands, or their predecessors
in title, have, by voluntary action, constructed a combined system of drains, a combined
system of levees or a combined system of drains and levees which form a continuous
line or a continuous line and branches, the lands connected by such system shall be
liable for their just proportion of the cost of such repairs and improvements as may
be needed therefor, the amount to be determined, as nearly as may be, on the same
principles as if these lands were in an organized drainage district. Whenever such repairs and improvements cannot be made by voluntary agreement, any
one or more parties owning land upon which any such work has been constructed may
petition the court for the formation of a drainage district to include all the lands
connected by such system. The petitioner or petitioners for the formation of such drainage district must show
to the satisfaction of the court that his or their land is damaged through the lack
of proper repairs to or improvements of such system. After the petition is filed, the procedure and conditions (except as to the number
of signers and proportions of area) heretofore prescribed in this Act for the organization
of other drainage districts shall be observed, as nearly as practicable. The ditches, drains, levees or other work shall be taken as a dedication of right-of-way
and their construction and joining as the consent of the several parties to be united
in a drainage district. Commissioners, both temporary and permanent, shall be appointed in drainage districts
organized under this section at the time, in the manner and with the qualifications,
powers and duties provided in this Act for commissioners of other drainage districts.
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