Briggs & Frith v. Union Drainage District No. 1

Citations

• 140 Ill. 53

Syllabus

<p>1. Drainage raw—authorises assessment of damages without a jury. The Drainage law especially authorizes the assessment of damages and benefits by the drainage commissioners when the county court so orders or directs, and the statute authorizing such assessment without a jury is not in conflict with the constitution.</p> <p>2. Same—funds to improve and maintain ditches. The right of trial by jury guaranteed by the constitution has no application to a proceeding to assess damages and benefits under the Drainage law; nor is an assessment to raise additional funds to* improve and maintain ditches, etc., a taking or damaging of property within the meaning of that clause of the constitution which prohibits the taking or damaging of private property for public use without just compensation.</p> <p>3. Same—raising additional sum—proof admissible on objection to assessment. Where an additional sum is sought to be raised in a drainage district for the purpose .of extending, continuing, deepening and widening ditches by the levy of a second assessment of benefits, a party objecting to the assessment of his land will not be allowed to prove that the ditch does not require any additional work or repairing to drain his land.</p> <p>4. Same—assessment roll—presumed to be correct. At the meeting of the jury or commissioners for the correction of the assessment roll made by them under the Drainage law, the law will presume that such roll is correct, and unless testimony is introduced by those objecting, tending to prove that the assessment is unjust or inequitable, it will be confirmed without any proof to sustain it.</p> <p>5. Same—appeal jrom confirmation of assessment—trial de novo. The trial of an appeal from the confirmation of the assessment is a trial de novo, and the introduction of the assessment roll in evidence makes out a prima facie case, and the drainage commissioners are not required to resort to other evidence, except such as may be required to meet that introduce