Wilson v. Rockford, Rock Island & St. Louis R. R.

Citations

• 59 Ill. 273

Syllabus

<p>1. Condemning bight of wat for a railroad—under act of 1852—of the question of compensation and benefits. Where individual property is condemned for the use of a railroad, under the act of 1852, the land taken must be paid for, under all circumstances, without regard to the benefits accruing to the owner by reason of the construction and operation of the road.</p> <p>2. The measure of compensation in such case, and as guaranteed by that clause of the constitution of the State, which declares that “no man’s property shall be taken or applied to public use without just compensation being made to him,” is the market value of the land taken.</p> <p>3. But, as against the damages to portions of such owner’s property not taken,-resulting from the construction and operation of the road, may be set off the benefits accruing to him thereby.</p> <p>4. Where the right of way run through a man’s farm so as to sever a strip of about two acres from the body of the farm, thus rendering it useless to him for farming purposes, it was held, that while compensation could not be demanded for such strip, it not being taken by the road, yet it would form an element in estimating the damages the owner would sustain, if any, by the construction and operation of the road—such strip or its value, the great inconvenience to which the owner is put, and the danger to which he, his family and stock are exposed, in passing from one part of the farm to the other, being regarded as proper elements to be considered by the jury in assessing the damages, against which should be set off the facilities afforded by the road, and a convenient depot for getting the products of the farm to market, as also the actual increase in the market value of the farm, occasioned by the road.</p> <p>5. Judgment against railroad under act of 1852—-for damages accruing to the owner of lands by the construction of the road—of the form thereof. The form of the judgment, where a recovery is had under the act of 1852, sho