FOR IMMEDIATE RELEASE

In a decision released this week, the Illinois Appellate Court upheld a trial court’s decision that prevents drainage districts from raising the amount of taxes they levy against district landowners without providing adequate information as to the need for the increase. In fall 2007 Champaign County Judge Holly Clemons denied a request by the Upper Salt Fork Drainage District to permanently increase its annual tax levy from $1.15 to $5.00/acre as the district did not provide the court with evidence that the work was necessary, cost-effective and environmentally sound.

The three-judge appellate panel ruled unanimously in favor of six landowners from rural St. Joseph who objected to the District’s proposal to build dozens of permanent structures in the channel without a plan showing where they would be built, or how many trees would be destroyed to gain access to the construction sites. The appeals court refused to buy the drainage district’s assertion that the law gave courts no authority to scrutinize the method by which the proposed work will be accomplished. The court declared: “We conclude that the legislature intended greater protection for the taxpayer.” (p. 22 of court order 4-07-1068). In effect, in cases where there are objections to a district’s petition, the court’s decision shifts the burden of proof to the district to provide evidence supporting its request for an increase in annual assessments.

The appellate court’s decision was praised by Prairie Rivers Network, the statewide organization that provides expert assistance to landowners who object to dredging and tree-cutting by drainage districts. “Illinois law requires drainage projects be conducted with prior court approval” said Cecily Smith, policy specialist for Prairie Rivers. “In this case, the drainage district proposed construction projects but tried to label them maintenance projects, in an attempt to avoid court oversight.”

During the trial Prairie Rivers did not object to drainage improvements; its expert witness simply stated that plans and specifications were needed in order to evaluate the cost-effectiveness and environmental impacts of the proposed work. “We are willing and would like to work with the drainage district to develop a plan that maintains adequate drainage, and attacks the root causes of the problem. Erosion from unstable banks contributes thousands of tons of soil into the water, and this problem will persist as long as dredging continues to be the preferred method of drainage maintenance for the Salt Fork and other rivers. We would like to see maintenance techniques adopted that work with the natural river systems to form a self-maintaining process – these techniques are available and feasible.” said Smith.

Contact: Clark Bullard, 217.333.7734