City of Bloomington v. Miller

Citations

• 84 Ill. 621

Syllabus

<p>1. Eminent domain—unconditional judgment erroneous. In a proceeding by a city to condemn land for a street, it is irregular and erroneous to render an unconditional judgment for the payment of the compensation and damages found by the jury. The order should simply fix the sum to be paid before taking the property sought to be condemned, leaving the city free to abandon the improvement if it so chooses.</p> <p>2. If the amount so adjudged is to cover damages to other parts of the property not taken, all this should be distinctly staled in the order.</p> <p>3. Same—when cross-petition necessary. Where a. part of a lot is sought to be condemned by a city for a street, damages as to the part not sought to be appropriated may be allowed without any cross-petition by the owner.</p> <p>4. The ascertainment of the just compensation to the owner, for taking away a part of his lot, of necessity involves the consideration of the value of the whole property intact, and the value of that part not taken after the proposed part shall have been taken.</p>