LEGISLATIVE REFERENCE BUREAU. GOVERNOR FRANK O. LOWDEN, Chairman. SENATOR EDWARD C. CURTIS, Grant Park. SENATOR RICHARD J. BARR, Joliet. REPRESENTATIVE EDWARD J. SMEJKAL, Chicago. REPRESENTATIVE WILLIAM P. HOLADAY, Danville. E. J. VERLIE, Secretary. W. F. DODD, in charge collection of data for constitutional convention. II. CONSTITUTIONAL PROVISIONS RELATING TO EMINENT DOMAIN 457 Text of Constitutional provisions..... Changes introduced by constitution of 1870. . Condemnation of land for roads for public and private use 474 Condemnation of land for drainage purposes.. Corporate franchises and property. Constitutional provisions extending state functions.......478 VI. CONCLUSION. PAGE. .499 Changes introduced by the constitution of 1870..... ....499 APPENDIX No. 5. AMENDMENTS PROPOSED IN, BUT NOT SUB I. SUMMARY. The purpose of this pamphlet is: (1) To present a summary of the constitutional aspects of the law of eminent domain in Illinois. (2) To indicate the changes which were introduced in the constitution of 1870. (3) To compare the law of eminent domain in Illinois with the law in other states. (4) To indicate the questions which have arisen out of existing constitutional provisions and which are likely to come before the convention. (5) To discuss recent constitutional changes in the law of eminent domain which have been adopted in other states. There are, in general, two types of questions likely to come before the Convention: (1) those which have arisen out of existing constitutional provisions, (2) those which involve an extension of the power of eminent domain. In the first group the following questions may arise: The question of the advisability of amending the general eminent domain clause, (1) So that all governmental agencies which possess the power of eminent domain may be permitted to set off benefits to the portion of land not taken for the improvement in diminution of the value of the part of the tract which was taken. (2) So that the General Assembly will possess the power of authorizing the condemnation of the rights of private property owners acquired under restrictions as to use imposed upon property dedicated to public uses. (3) By eliminating the constitutional guaranty of jury trial on issues of compensation. (4) By eliminating the constitutional provision which prevents the General Assembly from authorizing railroad companies to condemn the fee in land taken for railroad tracks. (5) So that in all cases it will be certain that the General Assembly may authorize the taking of a fee. In the second group of constitutional questions the following may arise: The question of the advisability of authorizing: (1) The condemnation of land for the conservation of all natural resources. (2) The condemnation and leasing of public utilities by municipalities. (3) The condemnation of land for purposes of reclamation. (4) The condemnation of land for the purpose of abating slum areas. (5) The condemnation of land for the purpose of relieving congestion. and in furtherance of housing projects. |