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Charles Yung v. State of Illinois

12 Ill. Ct. Cl. 415 Illinois Court of Claims Filed 1943-03-09 No. 2839
Disposition: (No. 2839-Claimant awarded $400.00.) Award: $400.00 Agency: Department of Public Works and Buildings
Cite as: Charles Yung v. State of Illinois, 12 Ill. Ct. Cl. 415 (1943)
Legacy General 12 awarded 1940s Charles Yung v. State of Illinois 12 Ill. Ct. Cl. 415 1943-03-09 (No. 2839-Claimant awarded $400.00.) /opinions/v12-p0432-1/

CHARLES YUNG, Claimant, ‘v. STATE OF ILLINOIS, Respondent. Opznion filed March 9, 19Jd. L. N. NICKPERRIN, JR., f o r claimant.

Case summary

Claimant sought damages for depreciation to his land caused by construction of State Bond Issue Route 13. The court found the evidence supported an award of $400.00.

Claim type: Property Damage

Cases cited: Chicago Title & Trust Co. v. State, 11 C.C.R. 205; Dept. of Public Works & Buildings v. Caldwell, 301 Ill. 42; Dept. of Public Works & Buildings v. McBridge, 338 Ill. 347

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

Headnotes

  1. DAMAGE TO P R o m RTY - n o t taken for fniblic use- resulting from constrzictzon of public zmprovement- award m a y be made for-measure of. Where private property is not taken for public use, but is damaged by reason of the construction of a public improvement, an award may be made for such damage, and the proper measure thereof, is the difference between the fair, cash market value of the property, unaffected by the improvement and its fair cash value as affected thereby.

This claim is for damages to land owned by claimant resulting from the construction of State Bond Issue Route 13 by the Department of Public Works and Buildings during the years 1934 and 1935. The property is described as Lots 20 to 27, both inclusive, and 34 and 35 in “Herzler Heights” according to plat thereof recorded in the recorder’s office of

’ St. Clair County, Illinois, in Book of Plats “0” at page 45. Claimant alleges damages in the sum of Five Thousand Dollars ($5,000.00).

The record consists of the claim, filed February 11,1936, transcript of evidence, stipulation, abstract of evidence, and statement, brief and argument of respective counsel.

Where private property is not taken for public use, but is damaged by being depreciated in value, by reason of the construction of a public improvement, compensation may be had for such damage, and the proper measure of the damage is the difference between the fair, cash market value of the property, unaffected by the improvement and its fair cash market value, as affected by it.

Chzcago Tatle & Trust Co. vs. State, 11 C. C. R. 205.

Dept. of Publzc Works & Bziildiiigs vs. Caiclwell, 301 111. 42.

Dept. of Publac Works & Bicildaz?tgs vs. NcBridge, 338 Ill. 347.

All material allegations of the complaint are sustained by the evidence excepi the amount of damages alleged to have been suffered by claimant. On behalf of claimant, -Edgar M. Hermann testified that the property was depreciated between - $450.00 and $500.00 as a result of said highway construction. Testifying on behalf of respondent, Frank H. Carson and [*416]

41G

William Voellinger were in agreement that the depreciation

amounted to a total of $400.00.

From all the eviden’ce, it appears that the reasonable

amount of damages sustained by claima.nt as a result of the

construction of State Bond Issue Route 13, is the sum of

$400.00, and claimant is entitled to an award for such sum.

An award is, therefore, entered in Eavor of claimaiit

Charles Yung, in the sum of Four Hundred Dollars ($400.00).

Official volume 12 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between: July 1, 1941–June 30, 1943)  ·  All opinions in this volume  ·  Also on CourtListener

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