Dupuis v. Chicago & North Wisconsin Railway Co.

Citations

• 115 Ill. 97
• 3 N.E. 720

Syllabus

<p>1. Eminent domain—measure of compensation for land taken—as to time of fixing value. In a proceeding to condemn land for public use, the compensation to be paid must be fixed by the value of the property at the date of the filing of the petition.</p> <p>2. Same—mode of ascertaining value—and herein, as to the special use to which property is adapted or applied. Where land sought to be taken under the Eminent Domain act has a market value, the correct measure of damages is its fair cash market value. But if the lands are devoted to some particular use, and in consequence of such use have an intrinsic value, the owner, in order to get just compensation, is entitled to receive whatever they are worth for the use or purpose to which they may be devoted.</p> <p>3. In order to determine the fair cash value of lands taken for public use, it is proper for the jury to consider the purposes for which they are used,— whether they are adapted to that particular use, whether they are profitable and valuable for that use; and in so far as the particular use to which they were or had been appropriated added to their market value, this may be considered by the jury.</p> <p>4. If the lands sought to be condemned are valuable as located, bordering on or near a river, for a saw-mill, planing-mill, or factory of any description, or for any other purpose, testimony tending to prove such -purpose is proper for the consideration of the jury in passing upon the fair market value of the property taken or damaged.</p> <p>5. Where the value of a mill on property sought to be condemned for railroad purposes is involved, ■ evidence that the mill was of an old pattern that had gone out of use, and on that account was less valuable, is proper on the assessment of the damages and compensation to be awarded the owner.</p> <p>6. Same—measure of damages as to land not taken, but damaged. Where other land of a party not sought to be condemned is damaged by the right of way, the measure of damages a