Nesbitt v. Trumbo

Citations

• 39 Ill. 110

Syllabus

<p>1. Constitutional law—private ways. The act of 1861, authorizing a private way to be established over the land of a person against his objection, is in violation of the eighth section of article thirteen of the Constitution of this State, which declares that no person shall be “ disseized of his freehold ” or « deprived of his property,” “ but by the judgment of his peers or the law of the land.”</p> <p>S. The legislature is powerless to afford the means by which a private way can be established over another’s lands without his consent. His right is supreme, except when such lands are needed for public use, and then he must be compensated before they can be taken.</p>