HB1135 Summary

• Adds Section 1-4-9 to the Illinois Municipal Code establishing municipal liability for damages to real estate within or outside municipal boundaries caused by construction, enlargement, or use of channels, ditches, drains, outlets, or other improvements by the municipality.

• Allows plaintiffs to recover reasonable attorneys' fees if judgment is rendered against a municipality for water overflow damages, provided the plaintiff gave the municipality written notice at least 60 days before filing suit and the final judgment amount exceeds any settlement offer made by the municipality.

• Requires notice to the municipality to specify the amount of claimed damages and the cause of damage before an attorney's fees claim can be made.

• Amends the Local Governmental and Governmental Employees Tort Immunity Act to add Section 1-4-9 of the Illinois Municipal Code to the list of liabilities not affected by tort immunity protections.

• Takes effect immediately upon becoming law.