Badger v. Inlet Drainage District

Citations

• 141 Ill. 540
• 31 N.E. 170

Syllabus

<p>1. Drainage district—a corporation with limited powers. Although a drainage district is classed as a municipal corporation, it is organized merely for a special and limited purpose, and its powers are restricted to such acts as are deemed essential for the accomplishment of such purpose. It is only authorized to receive funds for the specific object for which it is formed, and it can do that in no other mode than by special taxation upon the property benefited, which can in no case exceed the benefits to the land assessed.</p> <p>2. Drainage law — assessments, how made. By section 9 of the Drainage act of 1879 the commissioners are required to determine the probable cost of the proposed work, including all incidental expenses and the cost of the proceeding; and by section 11 it is provided that if they shall find that the proposed work, or such part of the same as will be satisfactory to the petitioners, can be done at a cost and expense not exceeding such benefits, they shall have the proper surveys, profiles, plans and specifications thereof made, and report their conclusions, and a copy of such surveys, etc., to the court which appointed them.</p> <p>3. By section 13 notice is required to be given to those interested, of the filing of the report, and on application for confirmation of such report they are authorized to appear and contest the confirmation thereof, or to show’that the same ought to be modified in any particular, and may offer any competent evidence in support thereof. Under this section every property owner is entitled to be heard on every material question affecting the character of the improvement and its cost.</p> <p>4. By section 18 it is provided that the jury, in assessing damages and benefits to result from the proposed work, shall award and assess the damages and benefits in favor of and against each tract separately, in the proportion in which such tract of land will be damaged or benefited, and that in no case shall any tract be assess