Schreiber v. Chicago & Evanston Railroad

Citations

• 115 Ill. 340
• 3 N.E. 427

Syllabus

<p>1. Eminent domain—when condemnation is complete and rights of parties fixed. Until the compensation awarded the owner of property sought to be appropriated to public use is actually paid, the petitioner has no right to enter upon the premises, and the land owner has no right to the compensation. Until this is done, the party seeking condemnation may abandon the location and select another. Until paid, the owner may do any act with his property he pleases, not materially affecting the proceeding and the object sought to be accomplished thereby.</p> <p>2. Same—to what time the valuation to relate. Where the compensation is paid, the right vested in the company condemning relates back to the time of the filing of the petition, and hence the compensation to be paid is fixed by the valuation of the property at that date.</p> <p>3. Same — compensation to lessee holding unexpired term. A party holding an unexpired term in property under a lease, is entitled to compensation for the value of the unexpired term before he can be deprived of the use of the property; but where he is permitted to occupy the premises after the proceeding to condemn is commenced, before a hearing .is had, as to him, until his term expires, he will have no interest to be taken or affected, by the proceeding, and he will not be entitled to any compensation or damages for the value of improvements or trade fixtures, or for the cost of their removal.</p> <p>4. Same—tenant renewing lease pendente lite. Where a petition is filed to condemn land occupied by a tenant, and he is served with summons before his lease expires or any renewal is had, and his lease does not provide for a renewal, he can not, by taking a new lease, acquire any new rights in the use of the property adverse to the petitioner. So he can not acquire any new rights simply by holding over.</p> <p>5. Landlord and tenant—notice to terminate tenancy. Where land is occupied under a lease for a fixed time, the tenant is bound to surrender