Page v. Chicago, Milwaukee & St. Paul Railway Co.

Citations

• 70 Ill. 324

Syllabus

<p>1. Eminent domain—damages to property not taken. Where a railroad is located over a tract of land, and compensation is allowed the owner for the land actually taken, he can not recover damages as to a small part of the tract, not taken, if the whole is not damaged, when taken together.</p> <p>2. The jury, under the act of 1872 relating to right of way, are not required to assess the damages to a strip of land lying within a few feet of the right .of way of a railroad, hut the damages, if any, to the entire tract, by reason of the construction and operation of the road. The effect must be considered upon the market value of the entire tract, and not a distinct part.</p> <p>3. Same—measure of damages. The true measure of compensation for land not taken by a railway company for a right of'way, is, the difference between what the whole property would have sold for, unaffected by the railroad, and what it would sell for as affected by it, if it would sell for less. The damages must be for an actual diminution of the market value of the land, and not speculative.</p>