FRANK A. SCHOENHOLZ, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought damages for a depression caused by highway construction that prevented use of his land. The court found claimant was damaged and awarded $500.00.

Claim type: Property Damage

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

PROPERTY DAMAGE-when award will be made for. Where it appears OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE-

PROPERTY DAMAGE-when award will be made for. Where it appears from all the evidence that claimant is prevented from the use of his property by reason of the construction of a State Highway, an award will be recommended for such damage. HENRY G. WARNER, for claimant. OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON, Assistant Attorney General, for respondent.

MR. CHIEF JUSTICE CLARITY delivered the opinion of the court:

This is a claim to recover damages by reason of construction of State Highway Number 2, between Dixon, Illinois, and the village of Grand Detour, Illinois.

Previous to the construction of this road, there was a slope of the entire distance, down to the old road, but in the reconstruction of the new highway at the increased level, a depression four feet in depth was caused, which prevented the use of the land by claimant.

It appears from all of the evidence that the claimant was damaged and it is therefore recommended that the claimant be allowed the sum of $500.00.