E. E. HECKABA, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought damages for an alleged change in location of State Route No. 11 in front of his farm. The court denied the claim, holding that the State has the right to change the road system at any time, and that claimant admitted he had not yet been damaged.

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

OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE-

Highways-when State not liable for damages resulting from a change in the location of a State highway. Where the evidence shows that no damages resulted by reason of a change in the location of a State highway, no award will be made. E. E. HECKABA, pro se. OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON, Assistant Attorney General, for respondent.

MR. JUSTICE LEECH delivered the opinion of the court:

This is a claim for damages resulting from an alleged purposed change in the location of State Route No. 11 in front of claimant's farm.

We are of the opinion that the claim for damages of this matter would not lie against the State of Illinois even if the route was changed on the theory that the State has the right to change any part of said hard road system at any time it deems advisable. The claimant on cross-examination in answer to this question: "You have not been damaged any, as yet, because of any change or contemplated change, have you?" his answer was, "I have not been hurt any yet, no."

The claim is denied and the cause dismissed.