Tedens v. Sanitary District

Citations

• 149 Ill. 87
• 36 N.E. 1033

Syllabus

<p>1. Eminent domain—as to quantity of land taken—judicial supervision. The Sanitary District óf Chicago, under the power conferred upon it by the legislature, when proceeding to condemn lands for the purpose for which it was organized, must, of necessity, to a modified «extent, be allowed to determine for itself the quantity of land to be taken for its ditches or channels.</p> <p>2. This right is subordinate to all statutory and constitutional restrictions, and also the further limitation that the courts of the State which are authorized to entertain applications to condemn, are clothed with ample power to prevent any abuse of the right.</p> <p>3. While the Sanitary District of Chicago, by the act under which it was organized, has ample power to condemn such a quantity of land as may reasonably be necessary to enable it to carry out the object and purpose of its creation, it has no right to abuse the power conferred, or to take more lands than are reasonably necessary in the construction and maintenance of the channels and outlets.</p> <p>4. In this case, the Sanitary District of Chicago sought to condemn the whole of an island two miles long and over a quarter of a mile wide, aud it was held, that whether the taking of so much land was an abuse of power was a question the defendants had the right to have the court determine before the jury was called upon to ascertain the compensation to be paid to the owners.</p> <p>5. Same—production of plans and profiles. In a proceeding to condemn land for channels, drains, etc., when the amount of land sought to be taken is claimed to be in excess of a reasonable amount, the land owners will have the right to demand the production in court of the plans and profiles of the proposed improvement. Petitioners may be required to furnish sufficient data from which the court may determine the amount of land needed for the construction of the work.</p> <p>6. Same—time in which to ask for production of plans, etc. On the day a condemn