Legal Question in Civil Rights Law in Illinois

For the last five years we have flooded fields and cannot plant any crops.The neighbor has drain tiles on his property leading to the ditch to accept water. We finally took the neighbor to court and the judge told him to fix the drain tiles. He did not. We then proceeded to hire drain tile people to fix his drain tiles and ours. When the drain tile people came out they said they would not fix our tiles because they would not drain until the neighbor fixed his tiles. We were prepared to fix his tiles but the drain tile people never came back. Now we find out the the neighbor has threatened each drain tile company with arrest if they come upon his land. Illinois Law states we can go on his land but cannot make him pay. We will pay to get the problem fixed even on his land but he has threatened to have the new tile company arrested. Outside of the thousands of dollars we have spent on the neighbor's land can we re-coop any of the thousands of dollars we have spent on engineer's, investigations, crop loss, raising of our driveway (we had to take a boat to get to the street at one point), not to mention the Dr. bills for the stress this has put us through.

Thank You


Asked on 3/29/12, 6:08 am

1 Answer from Attorneys

Jeffrey Whitcomb www.whitcomblawfirm.com

You should review the Illinois Drainage Code and, likely, consult with an attorney. You may have a claim against your neighbor.

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Answered on 4/04/12, 11:09 am


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