Village of Hyde Park v. Borden

Citations

• 94 Ill. 26

Syllabus

<p>1. Speciai assessments—sufficiency of ordinance in describing sewer. An ordinance for the construction of a sewer which names three several curves between two given points without giving the radius, as, for instance, after naming a point saying “ thence curve until it intersects with a point” named, where the curves are for very short distances and adapted to the purposes of the sewer, and can be properly located in one way only from the whole ordinance taken together, is not void for uncertainty.</p> <p>2. Same—ordinance for sewer across private properly. If a sewer is constructed over private property with the knowledge of the owner, under an ordinance, and he makes no objection thereto and takes no steps to prevent the same, he will be thereafter estopped from making any claim to compensation, and the ordinance will not be void because the sewer is over private ground, and the collection of special assessments for its construction can not be defeated on this ground.</p> <p>3. Same—requisites of ordinance in providing for compensation. The statute does not require that an ordinance for the construction of a sewer by a municipal corporation shall make any provision for acquiring the right to make the improvement upon the property of others, but it provides that after the passage of an ordinance for an improvement, the making of which will require that private property be taken or damaged, then the city or village shall file a petition for the ascertainment of the compensation to be paid, if it can not be agreed upon by the parties.</p> <p>4. Same-—may be made before compensation is provided for property to be taken. A city or village may make special assessments for a public improvement before the compensation to be paid for private property to be taken or damaged is ascertained</p> <p>6. Same—may be made before right of way is acquired. The collection of special assessments for the construction of a sewer can not be resisted on the ground that at the time of th