Illinois Drainage Law Related to Highways and Adjacent Landowners

The purpose of this document is to inform landowners, highway authorities, and other interested parties about general legal principles related to drainage and drainage improvements. This may allow them to recognize situations where their legal rights have been compromised or where their actions may jeopardize the legal rights of others. The scope of this document is generally limited to Illinois common and statutory drainage law. Some federal laws are discussed where they have a significant impact on drainage issues in Illinois. Likewise, a small number of case precedents from outside of Illinois are discussed where they may have an impact on drainage issues in Illinois. The scope of this document also is generally limited to drainage topics that are related in some manner to highway drainage, those that may impact highway drainage or design, or that fall under the regulatory umbrella of the Illinois Department of Transportation.