Holmes v. Village of Hyde Park

Citations

• 121 Ill. 128
• 13 N.E. 540

Syllabus

<p>®PE0IAI‘ assessment—wmii of title in municipality, to the ground sought to he improved for a street, as an objection to confirmation. The owner of property specially assessed for the purpose of grading and paving a street of an incorporated village, can not interpose the objection, to the confirmation of the assessment, that the village has not acquired title to the soil to be graded and paved.</p> <p>2. The corporate authorities of cities and villages may levy special assessments for the improvement of a proposed street before acquiring the soil, ky condemnation or otherwise, and afterward take the necessary steps to condemn, and have the compensation and damages to be paid, assessed.</p> <p>3. A special assessment for the improvement of a proposed public street before acquiring the soil over which the street is to run, is not in violation of section 13, of article 2, of the constitution, which provides that private property shall not be taken or damaged for public use without just compensation.</p> <p>4. Same—when proceeding may be enjoined. It may be, if it were made to appear there was probability that the village would not acquire the title to the street, and so the benefit of any improvement to be made by the aid of the special assessment would be lost to the public, that a court of equity would enjoin the proceeding until the title should be acquired.</p>