Excerpt from Law of Eminent Domain, and of Railroads and Warehouses
Illinois has been one of the first states which has attempted to regulate and control railway and other corporations by general laws, and many questions have arisen both as to the constitutional power of the legislature to regulate the same, and as to the proper construction of laws enacted for that purpose. These questions have been ably discussed by eminent counsel on both sides, and it would seem that almost every question has been presented and passed upon by our courts. This has resulted in many decisions, which lie scattered through nearly all our State reports, thus making them difficult of access. This fact induced the author to present this compilation of the statutes and decisions in a single volume, hoping thereby to serve the profession and the courts. He has presented all the statute laws on the subject of Eminent Domain, Railways and Public Warehouses, together with the decisions of the Appellate Court and Supreme Court of the State and those of the Federal Courts, and some of the more important decisions of the courts of last resorts in other states.
That part of the work relating to Eminent Domain will be found useful in many if not all the states. The decisions collected include all made since the admission of Illinois into the Union. They embrace much relating to the right to condemn land for public use, and by what bodies or agencies, and the mode of the exercise of the right, both under the Constitution of 1848 and that of 1870. This is especially true as to the proper measure of the compensation and damages to be paid by the bodies seeking to condemn. The cases given relate to condemnation by cities and villages of land for parks and other public uses, and for railway purposes. The cases denning the right of one railway company to condemn a right of way over or along another railway, or to condemn property already devoted to a public use, will be found useful, not only to the profession in this State, but throughout the whole country.
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