Village of Harristown v. Illinois

In Village of Harristown v. Illinois, 48 Ill.Ct.Cl. 424 (1996) the Court determined that there is a limitation as to the immunity supported by the Illinois Highway Code. Village of Harristown, 48 Ill.Ct.Cl. at 426-7. Specifically that the Illinois Department of Transportation would receive immunity for those activities which relate to the ownership, operation and maintenance or use of the right-of-way. Village of Harristown, 48 Ill.Ct.Cl. at 428. In this particular matter the State was involved in the mowing of the right-of-way when some property belonging to the Village of Harristown was damaged as a result of the mowing. Village of Harristown, 48 Ill.Ct.Cl. at 425. Upon review, we found that the activity of mowing was clearly related to the ownership and maintenance of the right-of-way. Village of Harristown, 48 Ill.Ct.Cl. at 428. It was "the kind of activity that was plainly intended to be immunized against liability to those using the property under permit." Id. At that time we indicated that examination of the activity being conducted within a right-of-way must be conducted on a "case by case and fact dependent" basis. Id.