City of Chicago v. Barbian

Citations

• 80 Ill. 482

Syllabus

<p>1. Condemnation of property—effect of judgment. No order or judgment can be entered of binding force on an application to condemn property for right of way, so as to confer a present right to take or damage real estate, before payment of the compensation found; all that can he done, under the constitution, is to enter a judgment or order vesting the right to take or damage the property as desired, upon the performance of the condition precedent of making the compensation fixed by the jury.</p> <p>2. The judgment of the court on condemnation of property for public use is conditional, depending on the payment of the damages found, and the party seeking condemnation acquires no vested right until such payment is made or the sum deposited, and the rights of the parties are reciprocal, so that the property owner has no vested right in the damages found by the jury until the same is paid or deposited. If the property, however, is taken or damaged by the owner’s consent before compensation is made, the owner will then have a vested right in the compensation when ascertained.</p> <p>3. Same—abandonment of proceeding. Where land is condemned for public use, and the condition of the order is not complied with in a reasonable time by the payment of the damages and taking possession of the property, the proceedings will be regarded as abandoned, and a court of equity would enjoin any attempt to proceed under them.</p> <p>4. Same —judgment—interest and execution. Where the property condemned has not been taken or damaged, the order or judgment on the assessment of the jury will not hear interest, and no execution can he awarded for the collection of the sum so assessed.</p> <p>5. Same—city may abandon after damages are assessed. A proceeding to condemn real estate for public use may he abandoned at any time after (lie damages are assessed, and before payment thereof or its deposit for the owner, when the property has remained unmolested, and the court will not in such case co