Legal Opinion

De Koven v. City of Lake View

Illinois Supreme Court

Decided January 21, 1890PublishedCited by 3 opinions

Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. Appellee having condemned the right of way to extend one of its streets, filed a supplemental petition, under section 53, article 9, chapter 24, of the Revised Statutes, to raise, by special assessment, the amount of money necessary to pay the compensation and damages awarded property owners for land condemned.

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Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. Appellee having condemned the right of way to extend one of its streets, filed a supplemental petition, under section 53, article 9, chapter 24, of the Revised Statutes, to raise, by special assessment, the amount of money necessary to pay the compensation and damages awarded property owners for land condemned. The court found the amount necessary to be raised to be $8125, and appointed commissioners to make an assessment of benefits to raise that amount. The extension is eastward to the lake, and the…

1Opinion of the CourtJustice Wilkin

It is provided by the first clause of section 144, article 9, supra, that any person interested in any real estate to be affected by a special assessment, may appear and file objections to the commissioners’ report. The second clause authorizes a default, and confirmation of the report as to all premises to the assessment of which objections are not filed. The next section makes the report of the commissioners competent evidence, and authorizes either party to introduce such other proof as may tend to establish the right. It provides that “the hearing shall be conducted as other cases at law;…

2Cited by3 opinions

  1. City of Chicago v. BlairIllinois Supreme Court · 1894
  2. City of Chicago v. Van Schaack Bros. Chemical Works, Inc.Illinois Supreme Court · 1928
  3. Schemick v. City of ChicagoIllinois Supreme Court · 1894

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