Meeker v. City of Chicago

The only question requiring consideration is whether an action of assumpsit can be maintained against the city of Chicago, defendant in error, to recover the amount awarded as compensation for land sought to be taken in the condemnation proceeding.

It has been repeatedly held that the city has the right to abandon the condemnation and the improvement. It is under no legal obligation to pay the compensation awarded unless it shall choose to do so. It can not, however, lawfully take possession of the property unless with the owner’s consent, until it has so paid. City of Chicago v. Hayward, 176…