Johnson v. Joliet & Chicago Railroad
Illinois Supreme Court
The points raised, as well as the pleadings in this case, are very fully stated and discussed in the opinion of the court. This cause was heard by J. M. Wilson, Judge, at November special term, 1858, of the Common Pleas Court.
1Opinion of the CourtBreese, J.
The right of eminent domain, by which private property may be taken for public use, is an inherent sovereign power, and can be exercised ad libitum, by making just compensation to the owner. Section eleven, of Article thirteen, of our constitution, provides that “ No person shall, for the same offense, be twice put in jeopardy of his life or limb ; nor shall any man’s property be taken and applied to public use without the consent of his representatives in the General Assembly, nor without just compensation being made to him.” (Scates’ Comp. 73.) With this limitation, the manner in which it…
2Cases cited2 opinions
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
- Owners of Ground v. Mayor of AlbanyNew York Supreme Court · 1836
3Cited by27 opinions
- Wilson v. Board of TrusteesIllinois Supreme Court · 1890
- Owners of Lands v. People ex rel. StookeyIllinois Supreme Court · 1885
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Anderson v. Board of County CommissionersSupreme Court of Kansas · 1908
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