Bigelow v. City of Chicago

Citations

• 90 Ill. 49

Syllabus

<p>1. Special assessments—may be confined to lots on line of the proposed improiement. Where the widening of a street is sought to be made by sections instead of its entire length, the commissioners appointed to assess the benefits of a particular section may properly confine their assessment of benefits to lots situated upon that part of the street embraced in such particular section of the proposed improvement, and their action in this respect is conclusive as to the limits of the property to be specially benefited.</p> <p>2. On application to confirm a special assessment of benefits of lots, derived by the widening of the street upon which they are situated, evidence that other lots on the same street, beyond either extremity of the proposed improvement, will be benefited thereby, is irrelevant, and properly excluded. They may be assessed when the street is widened in front of them, and should not bear an unequal burden.</p> <p>3. Same—evidence as to over assessment. The proper inquiry, on objection to the confirmation of special assessments for widening a section of a street, is whether the assessment of a particular lot is justly made in proportion to the assessment of benefits on the other lots in the general assessment of all the other lots, thus limiting it to the property included in the assessment roll. The assessment is not to be considered in relation to other property not in the roll, or relatively to any lot included therein, but as to the proportion it bears to the entire assessment.</p>