Smith v. Chicago & Western Indiana Railroad

Citations

• 105 Ill. 511
• 1883 Ill. LEXIS 116

Syllabus

<p>1. Eminent domain—the petition—its office and effect. The statute having determined specifically what facts must appear on the face of the petition, in a proceeding under the Eminent Domain act, the court or judge is powerless to take any action in the premises until a petition is filed containing the statutory requirements, for it is by the petition jurisdiction is obtained of the subject matter.</p> <p>2. Same—what petition must contain, to confer jurisdiction. Every petition, properly framed, must contain all the statutory requirements, and will therefore, of necessity, show, in every case where such petition is sufficient to confer jurisdiction, the authority of the company seeking the condemnation to take the specific land sought to be taken, and the object or purpose for which it is required; and from this statement of facts it must clearly appear the use for which the land is sought to be condemned is a public one.</p> <p>3. Same—answer to petition for condemnation, not proper. There is no rule of law or practice authorizing the filing of an answer of any kind to a petition for the condemnation of land under the Eminent Domain>act, and it is not the proper practice to permit one to be filed in any case. If one is filed, the court may properly have the same stricken from the files. Hence, there is no error in striking out any portion thereof.</p> <p>4. Same—the truth of the facts necessary to a condemnation may be questioned without written pleadings. If the truth of any of the averments of the petition may depend upon the existence or non-existence of facts not appearing upon the face of the petition, and hence their truth or falsity is open to extrinsic proofs, this proof may be made on the part of the land owner as well without an answer as with it, for the inquiry in such case will be directed to the truth or falsity of the petition.</p> <p>5. Same—what land is necessary—how and by whom to be determined. Where the description of the land and the purpose