Commissioners of Havana Township Drainage District No. 1 v. Kelsey

Citations

• 120 Ill. 482
• 11 N.E. 256
• 1887 Ill. LEXIS 868

Syllabus

<p>1. Appeal—/rom drainage assessments—-from county court to Supreme Court. An appeal lies to this court from the judgment of the county court, in a proceeding to confirm a special assessment made by a township drainage district under the act of 1885.</p> <p>2. Appeal bond — whether required—in drainage assessment cases. A township drainage district, under the act of 1885, is a municipal corporation, within the meaning of section 72, chapter 110, Starr & Curtis’ Statutes, giving a right to prosecute appeals and wilts of error without giving a bond.</p> <p>3. Drainage law—special assessments—benefits as the proper basis— and herein, of a second or further assessment. Under the constitutional provision relating to drainage, a special assessment can only be made on property benefited by the proposed improvement. Benefits to be received are essential elements to sustain a special assessment, and without benefits it can not be imposed, and it must not exceed the benefits to be derived by the proposed improvement.</p> <p>4. The drainage commissioners are not confined to one assessment, but, under the Drainage act, if the first assessment does not prove sufficient to complete the proposed improvement, an additional one may be ordered. In making a second or third assessment, however, the previous assessments should be considered, and in no case should the aggregate amount of all exceed the benefits to the lands assessed. This has no reference to assessments made after -the completion of the improvement to keep the same in proper repair.</p>