JOHN A. HANNA AND HATTIE HANNA, Claimants, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimants sought damages for crop destruction allegedly caused by state construction of the Illinois Waterway at Starved Rock Dam. The court dismissed for lack of jurisdiction, holding that the Illinois Waterway Act vests exclusive authority to determine such claims in the Department of Public Works and Buildings.
Statutes cited: Cahill's Illinois Statute, Chap. 19, Paragraph 114
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Headnotes
- ILLINOIS WATERWAY - claims against for damages to property - how determined and fixed - how paid. Under the provisions of Section 24 of the Act known as the Illinois Waterway Act all claims for damages to property shall be ascertained, determined and fixed by the Department of Public Works and Buildings and paid out of any monies which shall from time to time be provided for the payment of such claims.
- SAME - same - Court of Claims without jurisdiction in. In view of the provisions of Section 24 of the Act known as the Illinois Waterway Act, the Court of Claims is without jurisdiction to make award for destruction of crops claimed to have been caused by blockading and obstructing natural flow of water across land of claimant by servants and agents of State in the construction of and work upon the Illinois Waterway.
The declaration in this case claims relief for damage and destruction of crops of grain growing upon farm lands of claimants located between the Illinois and Michigan Canal and the Illinois River in Section Fifteen (15), Township Thirty-three (33) North, Range Two (2) East of the Third P. M., in the County of LaSalle and State of Illinois; that such damage and destruction of crops was caused by the blockading and obstructing of the natural flow of water across the lands of claimants by the servants and agents of the State of Illinois in the course of construction of and work on the Illinois Waterway at a portion of same commonly referred to as the “Starved Rock Dam Site.”
A motion to consolidate this cause with the case of John A. Hanna et al. vs. State of Illinois, No. 2191, has been filed by claimants, and an agreement made between the respondent and the parties interested that case No. 2191 and No. 2297 may be consolidated. The motion to consolidate Nos. 2191 and 2192 is denied.
The Attorney General, on behalf of the State, has filed a motion herein to dismiss this case for lack of jurisdiction of this court, and because of the provisions of Section 24 of the Act known as the Illinois Waterway Act, approved June 17, 1919.
The Illinois Waterway Act provides as follows: “All claims for damages to persons (except to employees) and all claims for damages to property, real or personal, shall be ascertained, determined and fixed by the Department of Public Works and Buildings, and paid out of any monies which shall, from time to time, be provided for the payment of such claims.
-28 [*354] "* * * All claims for damages to persons or property shall be filed with the Department of Public Works and Buildings within five years after the injury complained of."
Cahill's Illinois Statute, Chap. 19, Paragraph 114.
Claimant contends that this section does not exclude jurisdiction by the Court of Claims, but this court has repeatedly held and is of the opinion that it has no jurisdiction over the matter complained of herein and the motion of the Attorney General will be allowed.
Motion allowed. Claim dismissed.