City of East St. Louis v. St. John

Citations

• 47 Ill. 463

Syllabus

<p>1. Taking private property por public use—when allowable. Under that clause in our constitution which provides for the taking of private property for public use, the use must be such as is public in its character, and not public merely because it is declared to be such.</p> <p>2. Same—power of the city of Mast St. Louis in that regard. A municipal corporation has not the power to condemn private property for public use for purposes not specifically named in the law, and which is not within the proper scope and meaning of the delegated authority. t</p> <p>3. So where the charter of the city of East St. Louis confers authority on the city to “ take private property for opening, altering and laying out any street, lane, avenue, alley, public square, or other public grounds,” such delegated authority does not confer the power to condemn property on which to erect a city prison.</p>