People ex rel. Decatur & State Line Railway Co. v. McRoberts
Illinois Supreme Court
The Decatur and State Line Railway Company was incorporated under a special charter granted by the Legislature of the State of Illinois on the 24th day of March, A. D. 1869, By the terms of this charter the company was authorized to condemn lands for right of way “in the manner provided by the general laws of this State.”
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The Decatur and State Line Railway Company was incorporated under a special charter granted by the Legislature of the State of Illinois on the 24th day of March, A. D. 1869, By the terms of this charter the company was authorized to condemn lands for right of way “in the manner provided by the general laws of this State.” On the 30th day of September, A. D. 1871, the relator applied to the Hon. Josiah' McRoberts, presiding judge of the Circuit Court of Will County, for the appointment of commissioners, under the Act of 1852, to appraise certain lands in said county required by relator for…
1Opinion of the CourtJustice Thornton
An alternative writ of mandamus was awarded by this Court, requiring the presiding judge of the Circuit Court of Will County, to show cause why he refused to appoint commissioners to fix the compensation to be made to parties for the right of way over their lands; and to assess damages in accordance with the laws of the State.
The return of the respondent, and the argument submitted, contend that the law of June 22d, 1852, providing for the condemnation of land, by virtue of the exercise of the right of eminent domain, has become a nullity, by the adoption of the present constitution.
The…
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