Chaplin v. Highway Commissioners of Town of Wheatland

Citations

• 129 Ill. 651
• 22 N.E. 484

Syllabus

<p>1. Eminent domain—compensation for land taken, and damages as to land not taken—section 8 of the Road and Bridge act of 1883—constitu-tionality. Under our constitution, the owner of land over which the commissioners of highways seek to dig a ditch or drain, under section 8 of the Boad law of 1883, is entitled to compensation for the land actually taken for such ditch or drain, and also to the damages to the land not taken.</p> <p>2. The land owner must be paid the value oí the ground used for a ditch, and if the value of his farm is impaired by being divided into two parts, or by being partially overflowed, or is otherwise damaged, he must also be paid for such injury or damage.</p> <p>3. Section 8 of the Boad and Bridge act of 1885, which provides that when a ditch or drain is sought across the land of another, the land owner shall be summoned before a justice of the peace, “for the put-pose of having the damage assessed which such owner may sustain by reason,” etc., is broad enough to cover compensation for the land taken and also damages to the land not taken, and is therefore not in conflict with section 8 of the Bill of Bights. The word “damage” is used in the statute in the broader sense of indicating the total loss the owner would suffer by having the ditches on his land.</p> <p>4. Same—necessity for a public use. In order to authorize the commissioners of highways to institute a proceeding to condemn land for a ditch or drain under section-8 of the Boad and Bridge law of 1885, a necessity must exist for such a ditch or drain in order to carry off the water from the highway, or to drain a pond or slough on the highway. Private property can only be condemned for a public use. This necessity must be made to appear in order to give jurisdiction to the justice of the peace.</p> <p>5. Same—necessity—by whom, and how found. Whether or not it is necessary to carry off the water from a highway or to drain a slough or pond on the highway, is a matter which must be