Illinois Court of Claims Opinions
Legacy General
Download PDF

Herbert Cutshall v. State of Illinois

21 Ill. Ct. Cl. 150 Illinois Court of Claims Filed 1960-01-08 No. 4372
Disposition: (No. 4372-Claim denied.) Agency: Department of Public Works and Buildings
Cite as: Herbert Cutshall v. State of Illinois, 21 Ill. Ct. Cl. 150 (1960)
Legacy General 21 denied 1960s Herbert Cutshall v. State of Illinois 21 Ill. Ct. Cl. 150 1960-01-08 (No. 4372-Claim denied.) /opinions/v21-p0178-1/

HERBERT CUTSHALL,EMMA CUTSHALL, LEROY HARLEY AND RUTH HARLEY, Claimants v. STATE OF ILLINOIS, Respondent.

Case summary

Claimants sought damages for reduced well water and contamination after the state constructed a storm sewer and subway on condemned land. The court denied the claim, holding that the condemnation decree already included all past, present, and future damages.

Claim type: Property Damage

Cases cited: C.R.I. & P. Ry. Co. vs. Smith, 111 Ill. 363; C.P. & St. L. Ry. Co. vs. Niz, 137 Ill. 141; C.P. & St. L. Ry. Co. vs. Blume, 137 Ill. 448; St. L. & B. Ry. Co. vs. VanHoorebeke, 191 Ill. 633; A.T. & S.F. Ry. Co. vs. Jones, 110 Ill. App. 626; Lampp vs. State, 6 C.C.R. 349; Baker vs. State, 9 C.C.R. 115; Siekmann vs. State, 10 C.C.R. 286; Longden vs. State, 12 C.C.R. 129; Sauerhage vs. State, 16 C.C.R. 217

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

Headnotes

  1. CONDEMNATION-jUrkdiCtiOn. A decree in condemnation includes all damages past, present and future, both to lands taken and lands not taken. Therefore, the Court of Claims is without jurisdiction to make an additional award.

The claimants, Herbert Cutshall and Emma Cutshall, own the following described real estate, to-wit : The East one-half (E.%) of the Northwest onequarter (N.W.%) of Section twenty-one (21), Township Nine (9) North, Range five ( 5 ) West of the third Principal Meridian, lying West of the right-of-way of U. S. Highway Route No. 66 and Federal Aid Route No. 5 , situated in Montgomery County, Illinois, containing seventy (70) acres more or less; subject, however, to Articles of Agreement for a Warranty Deed.

On October 21, 1947, the Department of Public Works and Buildings of the State of Illinois filed a petition, making claimants herein parties defendant thereto, seeking to condemn a certain portion of the real estate described herein for the purposes of a right-ofway, and also seeking to condemn an easement for the construction and maintenance of a storm sewer over and across the real estate herein to drain a proposed subway to be constructed under the Illinois Central Railway.

A final decree of the local Circuit Court was entered on July 14, 1948 granting the prayer of the petitioner, and directing petitioners to pay the sum of $2,742.00 to

I

defendants. The payments were made as directed by the Court, and the subway, storm sewer and highway have been constructed on the respective lands.

I The claimants have filed their complaint herein seeking to recover for damages to lands not taken, which are alleged to have resulted from the construction of the subway and storm sewer. Claimants allege that the supply of water in a dug well, located near the condemned property, about 21 feet deep, used to water livestock, and to furnish water for household purposes, was greatly diminished after completion of the storm [*152] sewer. It is further alleged in claimants' complaint that the State of Illinois drilled the well 120 feet in depth, and water was obtained, but that this water was contaminated, and could not be used for livestock purposes.

The record consists of the complaint, transcript of evidence, motion of claimants for an extension of time to file abstract and brief, order of Chief Justice granting the motion, motion of claimants for a further extension of time to file abstract and brief, abstract of evidence, statement, brief and argument of claimants, statement, brief and argument of respondent, and respondent's exhibit "A".

A decree in condemnation includes damages both to lands taken and lands not taken, and includes all damages past, present and future.

C.R.I. & P. Ry. Co. vs. Smith, 111 Ill. 363.

C.P. & St. L. Ry. Co. vs. Niz, 137 Ill. 141.

C.P. & St. L. Ry. Co. vs. Blume, 137 Ill. 448.

St. L. & B. Ry. Co. vs. VanHoorebeke, 191 Ill. 633.

A.T. & S.F. Ry. Co. vs. Jones, 110 Ill. App. 626.

Lampp vs. State, 6 C.C.R. 349.

Baker vs. State, 9 C.C.R. 115.

Siekmann vs. State, 10 C.C.R. 286.

Longden vs. State, 12 C.C.R. 129.

Sauerhage vs. State, 16 C.C.R. 217.

From the record in this case the general proposition of law applies.

The Attorney General has asked leave to withdraw respondent's exhibit "A", being a certified copy of final order and decree of the Circuit Court of Momtgomery County, Illinois. Respondent is hereby granted leave to withdraw said exhibit.

This claim is, therefore, denied, and the complaint dismissed.

Official volume 21 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between: July 1, 1951–April 30, 1954)  ·  All opinions in this volume  ·  Also on CourtListener

This text is OCR/derived from the official volume and may contain errors. The PDF is authoritative. Boundary pages shared with the adjacent opinion are reproduced whole, so the page image may show a neighbor's opening or closing lines; the transcript text itself is opinion-scoped. See About & sources.