South Park Commissioners v. Dunlevy

Citations

• 91 Ill. 49

Syllabus

<p>1. Eminent domain—time at which valuation is to be fixed. On petition to condemn lands for public use, the compensation to be paid must be fixed by the valuation of the property at the date of the filing of the petition, and not at the time of the trial.</p> <p>2. Same—evidence on question of value. If land, sought to be condemned for public use, has a market value for the purpose of subdivision into lots and blocks, it may be properly proven. The jury may take into consideration each and every element that may enter into the true market value of the property.</p> <p>3. Same—rule for ascertaining compensation. In estimating the compensation to be paid for land taken for a public park, the jury may consider the location and situation of the land at the time of the taking, without regard to the possible increase of value thereafter by reason of the prospective improvement in the vicinity.</p> <p>4. Same—interest on value of properly not allowable before it is taken. Under proceedings to condemn land for public use, the filing of the petition is not a taking of the property, and it would be a trespass to take possession before the damages are ascertained and paid. The owner having the right to the use of the land until the damages are paid, is not entitled to interest on the value of the land from the commencement of the suit to the trial.</p> <p>5. Interest—municipal corporation. A municipal corporation is not liable to pay interest in the absence of any agreement to that effect.</p> <p>6. Same—on judgment of condemnation for public use. Until possession is taken of property sought to be condemned for public use, the compensation found by the jury should not bear interest, and it is error to order that it shall bear interest in the entry of judgment or final order.</p>