Peoria, Pekin & Jacksonville R. R. v. Peoria & Springfield R. R.

Citations

• 66 Ill. 174

Syllabus

<p>1. Eminent domain—railroad property not exempt from the exercise of. The lands of railroad corporations not actually in use by them, or not absolutely necessary for the enjoyment of their franchises, are subject to be taken under the exercise of the right of eminent domain, under legislative authority, the same as lands of individuals, though they may be taken from the actual and profitable use of the owners.</p> <p>2. Right of way—proper judgment on condemnation. It seems the jury, in a proceeding to condemn lands for the use of a railroad company, must assess the compensation to be paid the owner in a gross sum, which should be entered as the judgment of the court. The judgment must be an order authorizing the petitioner to enter upon the land and use the same, upon payment of the compensation found by the jury, but there should be no award of execution therefor.</p>