Griffie v. Spanski

This appeal lies from a final order of the circuit court of Mason County vesting title to certain land in the town of Bath, county of Mason, pursuant to a petition for condemnation filed by the petitioner under the purported authority of section 6 — 801 of the Illinois Highway Code (Ill. Rev. Stat. 1977, ch. 121, par. 6 — 801). We reverse.

The factual matters are not essentially in dispute. Petitioner is the highway commissioner for the town of Bath. He desired to obtain about one acre of respondent’s land for the purpose of straightening and aligning a township highway. The land in question…