Corrigan v. City of Chicago

Citations

• 144 Ill. 537
• 21 L.R.A. 212

Syllabus

<p>1. Landlord and tenant—title divested by the power of eminent domain — eviction of tenant. A tenant, as the owner of an estate for years, is guaranteed just compensation before his title can be divested under the power of eminent domain. He takes the term as any other interest in land is taken, subject to the exercise of that power. If he suffer loss, or is deprived of his estate, he is provided with the same remedy that is given to all other owners, and holds his title subject to this right the same as his landlord holds his title. Hence, it has been held that a taking under the power of eminent domain is not a breach of the covenant for quiet enjoyment, and does not technically amount to an eviction.</p> <p>2. While a condemnation proceeding may not amount to a technical eviction, yet when the entire tract of land or lot is taken, its effect is to abrogate the relation of landlord and tenant. Whatever title the tenant, as well as the landlord, has in the land passes to the State or corporation in whose behalf the right of eminent domain is exercised. The effect is an absolute extinguishment of the right and title of both in or control over the subject of the demise. It is in effect eviction by paramount right, coupled with a conveyance by the owners of their respective interests.</p> <p>3. Same —- and herein of the liability of the tenant to pay rent. When the title of both the landlord and tenant is extinguished in the whole estate demised during the term by condemnation for the public use, the liability of the tenant to pay rent also ceases, and in any action brought by the landlord for the rent accrued after the termination of his estate, the tenant may plead such termination in defense.</p> <p>4. When a portion of leased premises is taken for the public use and a part remains which is susceptible of occupation under the lease, the covenants of the lease are not abrogated, and the tenant will be bound to payment .according to the terms of the covenants in th