State's Duty to Maintain Highway Intersection In Illinois

Section 4--201.2 of the Illinois Highway Code authorizes the Department of Transportation to designate as part of the State highway system and to locate, construct and maintain highways. Section 4--405 of the Illinois Highway Code requires the Department of Transportation to maintain all highways in the State highway system. The State highway system includes certain rural highways as described in section 2--101 of the Code. Claimant states that a larger governmental entity has a duty to maintain an intersection where intersecting roadways are maintained by different governmental units. Burris v. Madison County (1987), 154 Ill. App. 3d 1064, 507 N.E.2d 1267, 107 Ill. Dec. 898.