Crawford v. People ex rel. Rumsey

Citations

• 82 Ill. 557

Syllabus

<p>1. Assessment—-for public, improvements, must not exceed benefits. Property can only be assessed for public improvements on the principle of benefits received by the property from the construction of the work, and the assessment should never exceed the benefits conferred; and it is essential that it should appear, from the proceedings themselves, that such was the principle upon which the assessment was made.</p> <p>2. Same—-special benefits—by whom, to be ascertained and assessed. Th,e charter of the town of Cicero, in the county of Cook, granted, in 1867, required that the amount to be assessed for public improvements, as special benefits upon'property, should be determined by the board of trustees, and provided the manner of appointment of commissioners to apportion the special benefits and make the assessment.</p> <p>8. It was clearly within the power of the legislature to say who should ascertain and determine the extent of the special benefits, and who should assess them.</p> <p>4. Where an ordinance of such town, appointing commissioners to assess a certain sum for a public improvement upon the property to be thereby benefited, recites that the trustees of the town have, upon proper examination made by them, ascertained and determined that there was real estate in the town benefited to the amount required to he assessed, this is a sufficient finding of the fact, and it is not necessary that the commissioners should ascertain the fact again in making the assessment.</p>