Indianapolis, Bloomington & Western Railroad v. Hartley

Citations

• 67 Ill. 439

Syllabus

<p>1. Streets—when, the fee passes to the public. Where the owner of land in a town or city plats the same into lots and streets, the plat itself, under the statute, when recorded, will operate as a grant of the fee in the streets to the corporation. But when a street or highway is acquired by dedication, or user, the fee will remain in the original proprietor, burdened with the public easement.</p> <p>2. Right op wat—right of State or city to grant right of way to railroad, company in street when the fee remains in adjoining owner. Where the fee of a highway or street remains in the original proprietor, it is immaterial how the public acquired the easement over the same, whether by condemnation or by dedication. It is only for ordinary travel, such as is customary on streets and highways. In such a case the State or city authorities may grant the right to a railway company to lay its track along or across such street, but the company avails of its privilege at its peril. If, in laying its track, it causes a private injury to him who owns the fee in the adjoining premises, it must make good the damages sustained.</p> <p>3. Same—additional bwrdens imposed require additional compensation. Where the public have acquired an easement over a person’s land for an ordinary street or highway, the location of the traek of a railroad on the same is an additional burden and servitude upon the land, which will entitle the owner to additional compensation. Again, such act is an exclusive appropriation by the railroad company of the soil to its own use, which the owner had the right himself to use for any purpose, not inconsistent with the prior public easement, and for that reason it is taking private property for public use, which can not be done without making just compensation.</p> <p>4. Same—in street the fee to which is in the public. A distinction is made between cases where the municipality granting the right to lay a railroad track owns the fee in the streets, and where t