County of McLean v. City of Bloomington

Citations

• 106 Ill. 209
• 1883 Ill. LEXIS 161

Syllabus

<p>1. Special assessments—exemption—lialility of property of counties, cities, etc. Exemption from taxation does not exempt from special assessments. The constitution makes a distinction between taxation and such assessments. While it provides that -the General Assembly may exempt the property of the State, counties and other municipalities from the former, it makes no such provision as to the latter, but on the contrary authorizes the legislature to vest the corporate authorities of cities, towns and villages with power to make local improvements by special assessments, without any restriction as to the property to be assessed.</p> <p>2. The exemption, not the inclusion of the property liable to special assessments, must specifically appear. The general language of the statute authorizing cities, etc., to make improvements by special assessments, includes the property of counties, cities, etc., as well as private property.</p> <p>3. While the State may not authorize corporate authorities to levy special assessments upon the property of the United States, as it would he an invasion of the rights of a distinct sovereignty, no such reason exists as between the several agencies of the State government, which are subject to its control and direction. It may authorize a burthen to be imposed on one of its agencies to the extent it is benefited by another agency, for the benefit of the entire public.</p> <p>4. Same—how payment enforced against property of county. Real estate of a county can not be sold for a special assessment levied by a city for a public improvement, and the title passed to private parties or to the city. In such case the amount should be paid out of the county treasury, and should this not be done, mandamus would lie to compel it; but before this step can be taken a judgment at law must be obtained for the amount.</p> <p>5. Same—former decision. In Craw v. Village of Tolono, 96 Ill. 255, holding that no personal liability could be enforced against the