Chicago, Evanston & Lake Superior Railroad v. Catholic Bishop

Citations

• 119 Ill. 525

Syllabus

<p>1. Eminent domain—of the compensation to be awarded—of the time to which valuation must relate—rights acquired pendente lite. The compensation to be paid by the petitioner must be fixed by the valuation of the property taken, at the date of the filing of the petition. Therefore, rights acquired by tenants or third persons after that date, are acquired pendente lite, and are subordinate to the rights of the petitioner; and such tenants can not recover for improvements made upon the premises.</p> <p>2. Same—when the market value must prevail. Where an entire strip of land is taken for railroad purposes, so that the owner has no other adjoining property to be damaged, the measure of the compensation to be paid therefor is the market value of the property.</p> <p>3. Same—effect of a particular use of the property, upon the measure of compensation. Where the proprietor of land elects to use it for one purpose rather than another, or assumes a restriction as to the character of use he will permit, in nowise binding upon him by the nature of his tenure, this will not prevent his recovering, in a proceeding to condemn the same, its value, from its capacity and adaptability for other uses.</p> <p>4. So in determining the market value sought to be taken, reference may he had not merely to the uses to which the land is actually applied, but its capacity for other uses, so far as the same may be shown by the evidence.</p> <p>5. Same—where the owner or proprietor enjoys only a restricted use of the property—as affecting the measure of compensation. Where, however, the owner of land sought to be condemned is restricted, by statute, or by the provisions of the instrument under which he holds title, or in any other binding way, to a particular use of it, so that he can not lawfully apply it to any other use, the measure of his compensation will be its value to him for the special use to which he is so restricted.</p> <p>6. Same—compensation to a tenant. A verdict in a proceeding