Hosmer v. Hunt Drainage District

Citations

• 135 Ill. 51
• 26 N.E. 587

Syllabus

<p>1. Drainage raw—assessment of benefits—without a jury—constitutionality. Under section 35 of the Drainage act of 1885, the commissioners of a drainage district may make an assessment of benefits in lieu of a jury, whenever the county court so orders. The statute authorizing this violates no constitutional provision.</p> <p>2. Same—benefits the limit of the assessment. Property can only be assessed for public improvements to the extent of benefits received by the construction of the work, and the assessment can never exceed such benefits. If the court should compel an arbitrary sum to be assessed on lands of the district, regardless of the question of benefits, its action can not be sustained.</p> <p>3. Same—an order of court—whether ignoring the question of benefits. A petition for leave to raise a further sum of money by special assessment, for drainage purposes, contained an estimate of the amount required to complete the proposed work, which estimate was approved, and the commissioners were ordered to assess the benefits against each tract separately, so that each might contribute its share of the cost: Held, that this order did not require the levy of the required sum regardless of benefits. If found that the lands would not be benefited to the extent of the estimate of cost, then they could be assessed only for such sums as they were actually benefited.</p> <p>4. Same—presumptionin support of assessment. Where there is added to a current assessment a sum for which prior assessments had been made, in the absence of a bill of exceptions showing the proof heard by the court on an application for confirmation, it will be presumed the evidence was sufficient to sustain the assessment.</p>