Chicago & Alton Railroad v. Smith

Citations

• 78 Ill. 96

Syllabus

<p>1. Eight of way—when statute requires notice to owner, one to holder of life estate, then deceased, not good as to remainder-man. Where the charter of a railway company required notice, by publication, to the owner or occupier, or unknown owners of land sought to be condemned, of the application to appoint commissioners, and the company -publishes such notice as to one who had held a life estate only, but who was dead, not naming .the remainder-man, it was held, that the subsequent proceedings, condemning the land for right of way were not binding upon the remainder-man, and that he might recover the land appropriated, by ejectment.</p> <p>2. Same—when notice must designate owner. A charter of a railway company authorizing the condemnation of land for right of way, upon giving notice by publication for thirty days, “to the owners or occupiers, or unknown owners, as the case may be, of the intention” to apply for the appointment of commissioners, etc., requires that the notice shall be given specifically to the owner or occupier, if known,—if not, to unknown owners by that designation. A general notice, in such case, will not be sufficient.</p> <p>3. Notice—how to be given. Where a notice is required by statute, and the mode of service is not specified, it must be personal; and usually, when notice is required by publication, it must be directed to the person, by name, who is required to be notified.</p> <p>4. Same—to deprive a party of rights. It is a rule of general application, that a party can not be deprived of his rights without having notice and an opportunity to be heard. When the proceeding is summary, and the notice only constructive, the courts will never abridge the right to notice, or substitute another for it.</p> <p>5. Right op way—statute must be strictly observed. A proceeding to condemn land for right of way being an extraordinary and summary remedy, the party exercising the power must strictly observe all the requirements of the statute under wh