Thompson v. Trs. of Sch. for Rio Tp.

• Decision Date: 20 December 1905
• Citation: 218 Ill. 540,75 N.E. 1048
• Parties: THOMPSON et al. v. TRUSTEES OF SCHOOLS FOR RIO TP.
• Court: Illinois Supreme Court

218 Ill. 540

75 N.E. 1048

THOMPSON et al.

v.TRUSTEES OF SCHOOLS FOR RIO TP.

Supreme Court of Illinois.

Dec. 20, 1905.

Appeal from Knox County Court; J. D. Welsh, Judge.

Petition by the trustees of schools for Rio township, Knox county, for the condemnation of a tract of land owned by Jeptha C. Thompson and others. From a judgment of condemnation, defendants appeal. Affirmed.

Williams, Lawrence & Green, for appellants.

Carney, Carney & Frank, for appellees.

BOGGS, J.

This was a petition filed by the appellees, trustees of schools for Rio township, Knox county, praying for the condemnation of a certain tract of land described therein by metes and bounds, and for convenience herein spoken of as ‘the Thompson site,’ to be used as a site for the location of a township high school. The petition was filed in pursuance of a resolution adopted by the board of education of Rio township high school asking that such action be taken by the school trustees. The appellants, owners of the tract of land sought to be condemned, entered a motion to dismiss the petition on the ground the trustees were lacking in power to exercise the right of eminent domain as to this tract of land. The motion was denied, and after a hearing judgment of condemnation was entered as prayed, and this appeal has been perfected to reverse the judgment.

The motion raised the question of the power of the board of trustees to take the property of the appellants without their consent by the exercise of the right of eminent domain. This power, if it exists, is conferred by the statute. Boards of education of township high schools are empowered to discharge the duties of directors of schools for school districts. 3 Starr & C. Ann. St. 1896, p. 3661, c. 122, art. 3, § 41. The authority of boards of directors to acquire a site for a school house by condemnation of the land necessary for such site is to be found in sections 31 and 32 of the school law. 3 Starr & C. Ann. St. 1896, p. 3689, c. 122, art. 5. These sections are as follows:

‘Sec. 31. It shall not be lawful for a board of directors to purchase or locate a schoolhouse site, or to purchase, build or move a schoolhouse, or to levy a tax to extend schools beyond nine months, without a vote of the people at an election called and conducted as required by section 4 of article 9 of this act. A majority of the votes cast shall be necessary to authorize the directors to act: Provided, that if no one locality shall receive a majority of all the votes cast at such election, the directors may, if in their judgment the public interest requires it, proceed to select a suitable schoolhouse site; and the site so chosen by them shall in such case, be legal and valid, the same as if it had been determined by a majority of the votes cast; and the site so selected by either of the methods above provided shall be the schoolhouse site for such district; and said district shall have the right to take the same for the purpose of a schoolhouse site either with or without the owner's consent by condemnation or otherwise.

‘Sec. 32. In case the compensation to be paid for the schoolhouse site mentioned in the preceding section cannot for any reason be agreed upon or determined between the school directors and the parties interested in the land taken for such site, then it shall be the duty of the directors of such district to proceed to have such compensation determined in the manner which may be at the time provided by law for the exercise of the right of eminent domain: Provided, that no tract of land lying outside of the limits of any incorporated city or village, and lying within forty rods of the dwelling house of the owner of the land, shall be taken for a school site without the owner's...