Springfield & Illinois Southeastern Railway Co. v. Hall
Illinois Supreme Court
Springfield & Illinois Southeastern Railway Co. v. Hall, 67 Ill. 99 (Ill. 1873)
Lawrence
Springfield & Illinois Southeastern Railway Co. v. Hall
Opinion of the Court
delivered the opinion of the Court:
This was a proceeding to condemn a right of way, commenced under the act of 1852. ■ Before the trial in the circuit court the act of 1872 had taken effect, and the damages were assessed under the rule prescribed in that act. This was un.questionably right. The later act expressly repealed all conflicting provisions in the former, and where proceedings of this character were in fieri, it would necessarily follow that they must be completed under the new law. The State has the right to say on what terms it will allow its right of eminent domain to be exercised, so long as anything remains to be done by the corporation in order to complete the condemnation of the land.
Judgment affirmed.
Reference
- Full Case Name
- The Springfield and Illinois Southeastern Railway Company v. Robert Hall
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- 1. Right of wat—effect of change in law after proceedings awe commenced. The State has the right to say on what terms it will allow its right of eminent domain to be exercised, so long as any thing remains to be done by the corporation in order to complete the condemnation of the land. 2. A proceeding to condemn land for a right of way was commenced under the act of 1852, relating to that subject, but, before a trial was had, the act of 1872 had taken effect, and the damages were assessed according to the provisions of the latter act, which expressly repealed all conflicting laws: Held, that the assessment was properly made under the latter act, as the proceedings were in fieri when it took effect.