City of Bloomington v. Latham

Citations

• 142 Ill. 462
• 18 L.R.A. 487

Syllabus

<p>1. Eminent domain — condemnation by a city. Where a city seeks to take or damage land for a street- or alley it is required to file its petition therefor in a court of record, and after notice to the defendants, by the service of process or publication, the compensation must be ascertained by a jury, and the final judgment rendered upon the finding of the jury is a lawful condemnation of the property to be taken, upon payment of the amount of such finding.</p> <p>2. Same — provision for compensation essential. A provision for compensation is an indispensable attendant upon the constitutional exer-Cise of the power of depriving an individual of his property under the right of eminent domain. Means must be provided whereby1 compensation can be obtained. Although it may not be necessary that the amount of compensation shall be actually ascertained and paid before the property is taken, it is the settled doctrine that at least certain and ample provision must first be made by'law, so that the owner can coerce payment without any unreasonable and unnecessary delay.</p> <p>3. Same— assessing the. amount of the award against property not taken. Where there is an award of compensation for land taken, an assessment by special taxation of the amount of the award upon the land not takpn is not an adequate provision for compensation, because it compels the property owner to pay for his own land, — and this is especially true where the condemnation judgment is for damages to-the land not taken as well as for the value of the land taken. In such case the special tax imposed upon the abutting residue in proportion to its frontage, falls upon the property which has been judicially determined to be damaged.</p> <p>4. Same — power of taxation essential to the exercise of the power of eminent domain. Where the provision made for the raising of money to pay for land condemned for a public use is the levy of a tax, such tax levy is the mode of obtaining the compensation awarded to th