(DOWNLOAD) "Dept. of Public Works v. Lewis" by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: Dept. of Public Works v. Lewis
- Author : Supreme Court of Illinois
- Release Date : January 24, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The Department of Public Works and Buildings filed its petition in the circuit court of White County to condemn lands for
widening and otherwise improving State Bond Issue Route No. 14. Defendants Ella Wilson Pyle and nine others, owners of part
of the property sought to be condemned, filed a traverse and motion to dismiss, alleging a lack of necessity for the taking.
The motion was denied as to the larger portion of defendants' tract, but as to a strip of land about 610 feet in length and
10 feet in width, the motion was sustained and a judgment entered dismissing the petition. Plaintiff prosecutes a direct appeal
pursuant to section 12 of the Eminent Domain Act. (Ill. Rev. Stat. 1951, chap. 47, par. 12.) A freehold is also involved. Route No. 14, a State Aid Bond road running from Carmi in a westerly direction, is also a Federal Aid highway designated
as Federal Route No. 460 and leading from St. Louis to points east. Throughout the area in question it runs over flat, low
land, and is constructed on a rather high fill, the general elevation of the pavement above the surrounding land being about
five feet. There are hills at the east and west ends of the low, flat area in which the land in controversy lies. At the present
time, Route No. 14 has a sixty-foot right of way, an eighteen-foot concrete pavement, six-foot shoulders on each side, and
a slope to the ground level in front of the ten-foot strip of three feet horizontally to one foot vertically. There is no
drainage ditch at the bottom of the slope along the ten-foot strip.