Illinois Compiled Statutes

745 ILCS 10/3-110 (2026)

Neither a local public entity nor a public employee is liable for any injury occurring on, in, or adjacent to any waterway, lake, pond, river or stream not owned, supervised, maintained, operated, managed or controlled by the local public entity

✓ current as of May 2026
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(745 ILCS 10/3-110) (from Ch. 85, par. 3-110)
    Sec. 3-110. Neither a local public entity nor a public employee is liable for any injury occurring on, in, or adjacent to any waterway, lake, pond, river or stream not owned, supervised, maintained, operated, managed or controlled by the local public entity.
(Source: P.A. 84-1431.)


 
    (745 ILCS 10/Art. IV heading)
ARTICLE IV--POLICE AND CORRECTIONAL ACTIVITIES

    
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1998–2022 · leading case: Choice v. YMCA of McHenry Cnty., 2012 IL App (1st) 102877 (Ill. App. Ct. 2012).
Choice v. YMCA of McHenry Cnty., 2012 IL App (1st) 102877 (Ill. App. Ct. 2012). · cites it 5× “” 745 ILCS 10/3-110 (West 2008). Plaintiffs, on the other hand, contended that the applicable immunity provision was section 3-109 of the Tort Immunity Act, which provides qualified immunity for local public entities against participants in hazardous recreational activities,…”
Tzakis v. Berger Excavating Contractors, Inc., 2019 IL App (1st) 170859 (Ill. App. Ct. 2019). · cites it 2× “” 745 ILCS 10/3-110 ( West 2006 ). ¶ 104 In the case at bar, these defendants argue that all injury resulted from flooding that came from a waterway—the Prairie Creek Stormwater System—and that plaintiffs did not allege facts supporting their claim that Maine Township or Park…”
Williams v. Miracle Ctr., Inc., 2022 IL App (1st) 210291 (Ill. App. Ct. 2022). “The Lawndale High School and the Board filed motions to dismiss claiming they were fully immunized under section 3-110 of the Tort Immunity Act (745 ILCS 10/3-110 (West 2008)), which states: “Neither a local public entity nor a public employee is liable for any injury occurring…”
Robertson v. Winnebago Cty. Forest Preserve Dist., 703 N.E.2d 606 (Ill. App. Ct. 1998). “Pursuant to defendants' motions, the trial court dismissed plaintiffs' complaint with prejudice on the ground that defendants were immune from liability pursuant to section 3-110 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS…”
McCoy v. Illinois Int'l Port Dist. (Ill. App. Ct. 2002). · cites it 3× “The trial court dismissed the action on the basis that the Port District was immune from liability pursuant to section 3-110 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/3-110 (West 1998)). A third amended complaint was…”
Carter v. Wesley Twp., 2021 IL App (3d) 190594-U (Ill. App. Ct. 2021). “” 745 ILCS 10/3-110 (West 2012). ¶ 29 It is undisputed that the Township does not own, supervise, maintain, operate, manage, or control Forked Creek, including the portion of the creek near the bridge.”
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