Cook v. South Park Commissioners

Citations

• 61 Ill. 115

Syllabus

<p>1. Eminent Domain—right of, subject to constitutioyial limitation. The right of the State to take private property for public uses can not be asserted by mere enactment. The constitution, providing that the citizen shall not be .deprived of property except by due process of law, or in conformity to the law of the land, requires a trial or judicial proceeding, and a judgment.</p> <p>2. Nor does a designation by metes and bounds, followed by a popular vote of approval, a selection by commissioners, and a condemnation, upon due proceedings, deprive the owner of his title or right of possession. Without payment of the damages awarded, the antecedent proceedings are not effective. The last act must be performed before the law will regard the land as taken or acquired.</p> <p>3. Valuation—when ascertained. In assessing damages, the value at the time of the condemnation should be considered, the owner being entitled to the benefit of an advance caused by the prospective establishment of a public park.</p> <p>4 Title—tenancy—rent. The commissioners not having acquired title nor possession, no tenancy existed during the proceedings, to justify an award of rent against the owner in possession.</p> <p>5. Interest—delay. No interest accrues upon an award before judgment, nor can a party causing or contributing to delay, have interest, until entry of final judgment.</p> <p>6. A judgment in a proceeding for the condemnation of private property for public use, awarding damages, will bear interest, although no execution can be issued upon the judgment.</p> <p>7. Verdict upon awards—execution—mandamus. The verdict upon au award being special, no execution can issue upon it; but the property does not pass until payment. Mandamus is necessary to compel the commissioners to act.</p>