Union Drainage District v. O'Reilly

Citations

• 132 Ill. 631

Syllabus

<p>1. Drainage law—bridges over open drains—within or outside of a district—dmly and liability of the district. Where a farm drainage district acquires, by condemnation, an outlet for the water collected in its drains, outside of the district, and such outlet is an open drain, the district is required to construct a bridge or proper passageway over the same. This duty attaches to all open drains, whether within or without the district.</p> <p>2. Where an outlet is acquired, by condemnation, on lands out of the district, it becomes, by operation of law, one of the ditches of the district for all the purposes for which it was acquired, and the like duties as to bridging the same attaches as if it was within the district.</p> <p>3. Same—measure of damages on condemnation—as affected by the duty to build bridges. The cost of constructing and maintaining bridges across open ditches through inclosed land is made a charge upon the district, and hence, in condemning the right to enlarge an open drain for an outlet, the cost of bridging such ditches is no element of damages to be awarded to the land owner.</p> <p>4. Same—estoppel by admission—as to duty to bridge over open drains outside the district. In a proceeding for the condemnation of an outlet over the land of another, outside of a drainage-district, the drainage commissioners admitted, in open court, their liability to construct and maintain a bridge over the drain, and on such admission no damages were claimed or allowed for such bridging: Held, that by such admission, and availing of the effect of it .on the amount of damages, the commissioners were estopped from afterward denying their liability to-build and maintain such bridge.</p> <p>5. Same—servient lands—limitation of burdens. While the lower or servient land is required to bear the servitude of having cast upon its-surface, to flow through the natural channels across it, the water that would in a state of nature flow over it or through such channels, yet no-