Lake Shore & Michigan Southern Railway Co. v. City of Chicago

Citations

• 148 Ill. 509
• 37 N.E. 88
• 1893 Ill. LEXIS 1026

Syllabus

<p>1. Eminent domain—petition—allegation of inability to agree as to compensation. An allegation of inability to agree upon the compensation, or that the owner of the property sought to be taken is incapable of consenting, or that his name or residence is unknown, or that he is a non-resident, is necessary, or even jurisdictional, in case of petition filed under the provisions of the Eminent Domain law. But where the petition is filed, under article 9 of the City and Village act, to condemn land for a street, no such allegation is required.</p> <p>2. Same—condemnation by cities—statute applicable. The statute in relation to eminent domain provides a general mode of condemnation, applicable to all oases for the exercise of the right to take or damage private property for public uses, by any corporate or-municipal authority, public body, officer, agent, person, commission or corporation. In all condemnation proceedings instituted under that statute its provisions must be held to apply.</p> <p>3. But the legislature, in the exercise of its undoubted power, has seen fit, by article 9 of the City and. Village act, to provide for an independent and somewhat different mode of proceeding in cases of the taking or damaging of private property by cities and villages for local improvements. And the intention to provide such different mode of procedure by cities and villages would be defeated, if, by construction, the two statutes should be practically amalgamated, so as to make all the provisions of the one apply to and become a part of the other.</p> <p>4. Unquestionably many of the rules prescribed in the Eminent Domain act must be held to apply to condemnation under article 9 of the City and Village act. But the provisions of section 2 of the former act have no application to a proceeding under the latter act.</p> <p>5. Same—elements of compensation or damages.* In a proceeding by a city to condemn the right of way of a railway company for the extension of a street intersec