Chicago & Pacific Railroad v. Francis

Citations

• 70 Ill. 238

Syllabus

<p>Eminent domain—damages to property not taken. The clause of the constitution which provides that “ private property shall not be taken or damaged, for public use, without just compensation,” must receive a reasonable and practicable interpretation. Where the property is not taken, the damages must be real, and not speculative. If the property is not worth less in consequence of the construction of a railroad in its vicinity, or upon a street upon which the lots abut, than if no road were constructed, the owner will not be entitled to damages, and can not enjoin the construction of the road in the street in pursuance of the company’s charter and the license of the city authorities.</p>