Department of Public Works & Buildings v. Ells

The question in this case is whether the General Assembly has authorized the Department of Public Works and Buildings to condemn school district property for highway purposes. The circuit court of Lake County held that such authority had not been granted to the Department and dismissed its petition to condemn the school property. The Department has appealed directly to this court. Ill. Rev. Stat. 1961, chap. 47, par. 12.

The Department’s petition was based on section 4 — 501 of the Highway Code, which authorizes it to acquire, by purchase or by eminent domain, “any land, rights, or other…