Illinois Code § 605 ILCS 5/4-502

When the Department deems it necessary to build, widen, alter,
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relocate or straighten any ditch, drain or watercourse in order to drain or
protect any highway or highway structure it is authorized to construct,
maintain or operate, it may acquire the necessary property, or such
interest or right therein as may be required, by gift or purchase or, if
the compensation or damages cannot be agreed upon, by the exercise of the
right of eminent domain under the eminent domain laws of this State. The
Department shall not be required to furnish bond in any eminent domain
proceeding.

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