White v. People ex rel. City of Bloomington

Citations

• 94 Ill. 604
• 1880 Ill. LEXIS 142

Syllabus

<p>1. Constitutional law—taking private property for public use. The constitutional limitation that private property shall not be taken for public use without just compensation, to be ascertained by jury when not made by the State, has reference only to the exercise of the power of eminent domain, and not to special taxation of contiguous property for the building of a sidewalk or other public improvement by cities, towns and villages.</p> <p>2. Same—special taxation by cities for local improvements. The general requirement in sec. 1, art. 9, of the present constitution requiring taxation to be by valuation, so that every person and corporation shall pay a tax in proportion to his, her or its property, is modified by seo. 9 of the same article, so that the corporate authorities of cities,'towns and villages may make local improvements by special taxation of contiguous property or otherwise, and does not apply in such case.</p> <p>3. Municipal corporations—sidewalks by special taxation. The constitution of 1870 has authorized the legislature to vest the corporate authorities of cities, towns and villages with power to make local improvements by special assessment, or by special taxation of contiguous property, or otherwise, and this justifies an enactment whereby a town lot may be made chargeable with the entire expense of the construction of a sidewalk in front thereof. There is no limitation in this regard in respect of equality and uniformity, in the constitution of 1870, as in that of 1848.</p> <p>4. Same—special lax for sidewalk may exceed benefits. Whether or not a special tax on contiguous property in a city or town for a local improvement, as, a sidewalk fronting the same, exceeds the actual benefit to the lots taxed, is not material. It may be supposed to be based on a presumed equivalent, and where the corporate authorities determine the frontage to be the proper measure of probable benefits, this can not be disputed or disproved.</p> <p>5. A statute invest