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6 Ill. Ct. Cl. 147

Soland v. State

Court of Claims of Illinois

Decided February 13, 1929

Court of Claims of Illinois · decided 1929-02-13

Decided 1929-02-13

Mr. Chief Justice Clarity

¶1delivered the opinion of the court:

¶2The above named claimants are all represented by the same attorney and all the cases are considered jointly by the Attorney General and therefore this court will consider them in one opinion.

¶3This court has heretofore held in similar cases that there is a liability on the part of the State on account of the construction of the viaduct over the Elgin, Joliet and Eastern Railroad where it intersects with Route 23, just east of the City of Joliet, in the County of Will and State of Illinois.

¶4It appears that all three claimants were owners of property adjacent to or near this viaduct and that the viaduct did damage the property.

¶5It appears from the statements of the Attorney General, that the damages of these claimants was fairly shown by a real estate expert and from the evidence of this expert and the statement of the Attorney General in which it appears that the amount of damages would be as follows. And this court is of the opinion and does recommend allowance of the following amounts to the above named claimants in the following manner:

¶6To Joseph and Mary Soland, No. 1303, the court recommends an allowance of Twenty-five Hundred Twenty-five ($2,525.00) Dollars.

¶7To Viola Yonkers, No. 1304, the court recommends an allowance of Fourteen Hundred Forty-five ($1,445.00) Dollars.

¶8To Bertha Roark, No. 1305, the court recommends an allowance of Two Thousand Eighty-five ($2,085.00) Dollars.

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