Chicago & Evanston Railroad v. Blake

Citations

• 116 Ill. 163
• 4 N.E. 488

Syllabus

<p>1. Eminent domain—measure of damages—of contemplated improvements on the land sought to he condemned. On a proceeding to condemn a strip of fifty feet off one side of a lot or block in a city, for a right of way by a railway company, the court allowed the lot owner to exhibit before the jury the plan of a structure he had contemplated erecting on the premises,. t limiting it in its effect as evidence to the purpose of showing the capabilities of the property: Held, that so limited there was no error in admitting the same in evidence.</p> <p>2. If the object of such evidence had been to enhance the damages by showing such a structure would be a profitable investment, it would clearly have been inadmissible.</p> <p>3. Same— considering the value of a part not taken, as a part of the entire lot of ground, and not as a separate property. Where a part of a lot sought to be taken for public use is of greater value considered as a part of the entire lot than if taken as a distinct and separate property entirely disconnected from the residue of the lot, the just compensation for the part so taken is its fair cash or market value when considered in its relations to and a part of the entire lot, and not simply what may appear to be its value as a separate and distinct piece of property.</p> <p>4. Same—of benefits not special to the land a portion of which is sought to he taken. In a proceeding by a railway company to condemn a part of a lot for a right of way, no benefits or advantages which may accrue to lands or property in common with all other property along the line of the proposed railroad by reason of its construction and operation, can be set off against or deducted from the compensation for the value of the property taken and damaged by such proposed road.</p> <p>5. Evidence—opinion as to the value of property sought to he condemned—competency of witness. Heal estate brokers in a city who testify they are acquainted with the value of real estate in the neighborhoo