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Property cannot be taken without compensation. Extent of rule. Sec. 2, Art. 13, constitution.

Epling v. Dickson, 170 III. 329. Land underneath an elevated structure held to be “taken" in condemnation.

West Side “L” R. R. Co. v. Springer, 171 Ill. 170. Where condemnation disturbs a perpetual easement, a property right is taken and must be compensated.

West Side “L” R. R. Co. v. Springer, 171 III. 170.

Condemnation of public street across railroad right of way entitles railroad company to compensation.

I. C. R. R. Co. v. Commissioners, 161 Ill. 247. Condemnation-railroad company not entitled to compensation for street railway crossing its track in public street.

C. B. & Q. R. R. Co. v. W. C. St. Ry. Co., 156 III. 255 (267),

Measure of damage.

Elements and measure of damages in condemnation.

St. L. & I. B. Ry. v. Barnsback, 234 Ill. 344.
C. & A. R. R. Co. v. Scott, 232 Ill. 419.
Freiberg v. South Side El. Ry. Co., 221 Ill. 508.

C. T. T. R. R. Co. v. Bugbee, 185 Ill. 353. The value of land taken or not taken as shown by the evidence in condemnation proceedings, should be the value at the time the petition was filed, not "near future" value.

C. & S. Line Ry. Co. v. Mines, 221 Ill. 448.
Martin v. C. & M. Elec. Ry. Co., 220 Ill. 97.

C. & S. L. Ry. Co. v. Kline, 220 I11. 334. Damages in condemnation may be measured with reference to any motive power the company are authorized to use, where the railroad company refuses to stipulate what power it will

use.

St. L. & S. Ry. Co. v. Smith, 216 Ill. 339.

C. & M. E. Ry. Co. v. Diver, 213 Ill. 26. Damages may be estimated by the jury on the theory that

the company may use a right of way condemned, in any manner lawfully authorized by its charter.

St. L. & S. Ry. Co. v. Smith, 216 III. 339.
What are not elements of damages in condemnation.

Conness v. I. I. & I. Ry. Co., 193 Ill. 464. Contingent and speculative damages not allowed in condemnation.

Cook & Rathbone Co. v. Sanitary Dist., 177 Ill. 599.

Special elements of damage.

Damages are not allowed in condemnation because of moving station of elevated road or because express trains are to be operated.

Freiberg v. South Side El. Ry. Co., 221 III. 508. One holding a lease of dower and homestead interests from a surviving wife, made before dower and homestead were set off and assigned, cannot set up a claim for damages to such leasehold in condemnation proceedings.

C. B. & D. Ry. Co. v. Kelley, 221 I11. 498. Danger of fire from passing engines is an element of damage in condemnation.

I. I. & M. Ry. Co. v. Ring, 219 Ill. 91.
I. I. & M. Ry. Co. v. Freeman, 210 Ill. 270.
Cook & Rathbone Co. v. Sanitary Dist., 177 Ill. 599.

C. P. & M. R. R. Co. v. Atterbury, 156 Ill. 281. The placing of a depot and elevator near land to be taken by condemnation will not reduce the damage to the property, where the deed to the land for a depot is conditional and may be cancelled at any time.

I. I. & M. Ry. Co. v. Barnes, 219 Ill. 179. The fact that a railroad company is not required to fence the right of way condemned, for six months, may be considered by the jury in fixing damages.

St. L. & S. Ry. Co. v. Smith, 216 Ill. 339.

Measure of damages in condemnation where a part of a building is taken for the purpose of widening a street.

W. Chicago Masonic Ass'n v. City of Chicago, 215 Ill. 279. Religious ideas or purposes held by an owner has no bearing on the value of land to be condemned.

Dowie v. C. W. & N. S. Ry. Co., 214 Ill. 49 (60). Danger to persons or owner crossing tracks, not an element of damage.

I. I. & M. Ry. Co. v. Freeman, 210 III. 270.

C. & M. Elec. Ry. Co. v. Mawman, 206 Ill. 182. Noise, smoke and dirt from passing trains is an element of damages to abutting owner-railroad built in street.

Calumet, etc. Dock Co. v. Morawetz, 195 Ill. 398.

C. M. & St. P. Ry. Co. v. Darke, 148 Ill. 226. Fact that extending a street across a railroad will deprive the company of a place for storing, is an element of damages in condemnation.

C. & N. W. Ry. Co. v. City of Morrison, 195 Ill. 271. Verbal lease of premises is not basis for damages in condemnation.

Conness v. I. I. & I. R. R. Co., 193 Ill. 464. Increased cost of insurance is an element of damages in condemnation; also increased danger from fire.

I. I. & I. R. R. Co. v. Stauber, 185 Ill. 9. Depreciation of rental value is not necessarily speculative, and may be considered in measuring damages.

R. I. & E. I. Ry. Co. v. Gordon, 184 Ill. 456. Fact that right of way cuts off access to land is an element of damage.

R. I. & E. I. Ry. Co. v. Gordon, 184 Ill. 456.
That track will remain unfenced for six months an element.

H. & S. R. R. Co. v. Nolte, 243 Ill. 594.
Loss of profits of business not an element.

West Park Commissioners v. Boal, 232 Ill. 248.

Damage to an estate in remainder, of land not taken, may be considered in condemnation-rule.

I. I. & I. R. R. Co. v. Conness, 184 111. 178. That land is adapted for dock and wharf purposes is an element of damage—when.

R. I. & P. R. R. Co. v. Leisy Brwg. Co., 174 Ill. 547. That owner is deprived of ice privilege is an element of damage.

R. I. & P. R. R. Co. v. Leisy Brwg. Co., 174 Ill. 547. Cost of removing business and personal property may be an element of damage-when-foundation must be laid for such proof-procedure.

Braun v. Met. West Side “L” Co., 165 Ill. 434. Damage to sprinkling apparatus in condemned building not allowed specially.

West Side “L” Co. v. Siegel, 161 Ill. 638. Wages of employes and rent for new quarters—when not elements of damage.

West Side “L” Co. v. Siegel, 161 III. 638. Damages when premises occupied by gas works are condemned for railroad right of way.

Peoria Gas Light Co. v. Peoria Term. Ry. Co., 146 Ill. 372.

For land not taken.

The measure of damages to land not taken for a railroad right of way by eminent domain, is the amount, if any, the land will be depreciated in fair market value by the construction and operation of the road; allowing for any actual benefit, not speculative.

P. B. & C. Trac. Co. v. Vance, 234 I11. 36.
P. B. & Q. Trac. Co. v. Vance, 225 Ill. 270.
E. M. & S. W. R. R. Co. v. Everett, 225 Ill. 529.
Washington Ice. Co. v. City of Chicago, 147 Ill. 327.
I. I. & M. Ry. Co. v. Easterbrook, 211 III. 624.
G. & G. E. R. R. Co. v. Milroy, 181 III. 243.
West Side "L" R. R. Co. v. Springer, 171 III. 170 (181).
West Side "L" R. R. Co. v. Stickney, 150 III. 362.

Market value of property considered and defined.

Ligare v. C. M. & N. R. R. Co., 166 III. 249 (260). Depreciation of land not taken on condemnation due to greater danger from loss by fire and of live stock may be considered in estimating damages.

Chicago Southern Ry. Co. v. Nolin, 221 III. 367.

C. & A. R. R. Co. v. Staley, 221 Ill. 405. Damages for land not taken by a telegraph line along public highway may be shown in condemnation-elements of.

Board of Trade Tel. Co. v. Darst, 192 Ill. 47. Damage for land not taken may be had though it is platted and not connected with land taken.

West Side “L” Ry. Co. v. Johnson, 159 Ill. 434 (436). Damage to a tract of land separated from land taken, by a street, cannot be recovered in condemnation proceedings, but must be by action at law.

White v. West Side "L" R. R. Co., 154 III. 620.

For land taken.

What is a “taking” of land.

Drainage Commissioners v. Knox, 237 Ill. 148. Measure of damages for land taken by condemnation, stated as the difference in fair cash market value before and after construction.

P. B. & C. Trac. Co. v. Vance, 234 III. 36.
Bartlow v. C. B. & Q. Ry. Co., 243 Ill. 332.
C. B. & D. Ry. Co. v. Kelley, 221 Ill. 498.
Braun v. Met. “L” Co., 166 Ill. 434.

Value of land taken is value as part of farm as a wholewhat is incompetent.

I. I. & M. Ry. Co. v. Humiston, 208 Ill. 100. Use to which land taken is adapted, may be considered in estimating damage.

G. & G. E. R. R. Co. v. Milroy, 181 Ill. 243.

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