Michigan Central Railroad Co. v. Spring Creek Drainage District
Illinois Supreme Court
Appeal from the County Court of Will county; the Hon. Dwight C. Haven, Judge, presiding. A petition was filed in the county court of Will county for the organization of the Spring Creek drainage district.
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Appeal from the County Court of Will county; the Hon. Dwight C. Haven, Judge, presiding. A petition was filed in the county court of Will county for the organization of the Spring Creek drainage district. Upon a hearing the court found that the petition was signed by a majority of the owners representing the necessary area of land; that the land was subject to overflow and required drainage; that the district should be formed as prayed; and three commissioners were appointed to carry into effect the order of the court. The commissioners reported that they had examined the lands, that the work…
1Opinion of the CourtJustice Wilkin
It is first insisted by appellants that the organization of the district will damage their property to the extent of at least $100,000, and that their damages have never been estimated by a jury, as provided in section 13 of article 2 and section 14 of article 11 of the constitution of 1870. In answer to this position appellee contends that the question of damages to appellants’ property has been conclusively determined; that the first report of the commissioners filed in the county court found that none of the lands described in the petition and none of the lands set forth as benefited by…
2Cases cited1 opinion
- Wabash Railroad Co. v. Coon Run Drainage & Levee DistrictIllinois Supreme Court · 1901
3Cited by5 opinions
- Smith v. Claussen Park Drainage & Levee DistrictIllinois Supreme Court · 1907
- Commissioners of Sny Island Levee Drainage District v. ShawIllinois Supreme Court · 1911
- Hull v. Sangamon River Drainage DistrictIllinois Supreme Court · 1906
- Morgan Creek Drainage District v. HawleyIllinois Supreme Court · 1909
- Indian Creek Drainage District No. 2 v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1920