Smith v. Chicago, Alton & St. Louis R. R.

Citations

• 67 Ill. 191

Syllabus

<p>1. Right os’ way—of the notice of the proceedings to condemn—on whom to be served. Where the Belleville and Illinoistown Railroad Company, whose charter was approved June 21,1852, in 1854 instituted proceedings to condemn land under its charter, gave notice thereof to a former owner of a life estate therein, but who had previously conveyed his title, and whose deed was duly recorded: Held, that the proceedings were invalid for the reason that they were not instituted against the owner.</p> <p>2. Eminent domain—liability for rightful acts done in the exercise of the right. Where a railroad corporation, in exercising the right of eminent domain conferred by law upon it, commits an injury to the land of another by entering upon it in order to make preliminary surveys, or by taking materials therefrom, or the like, in pursuance of the powers vested in it, and the law under which such acts are done prescribes a mode for assessing damages for such injuries, an action of tort will not lie therefor, but the statutory remedy must be pursued—such remedy, in general, being exclusive.</p> <p>3. But this is upon the ground that the statute conferring authority has been complied with. In such a case, there can be no injury to the rights of the party, and therefore no action, as for a tort, can arise. As compensation is made for what is legally taken, the party can not complain that a wrong is done, for his property, in such case, is taken according to the law of the land.</p> <p>4. Ejectment—lies against railroad company for land taken without legal condemnation. Ejectment will lie against a railway corporation by the owner, for land taken and used by it for the purposes of its road, where the land has not been condemned under proceedings instituted for that purpose, in the mode prescribed by the constitution, and laws enacted in conformity therewith.</p> <p>5. Where a railway corporation has taken possession of the land of another without his consent and without condemnation,