City of Mount Carmel v. Partee

385 N.E.2d 687, 74 Ill. 2d 371, 24 Ill. Dec. 546, 1979 Ill. LEXIS 241
CourtIllinois Supreme Court
DecidedJanuary 26, 1979
Docket50260
StatusPublished
Cited by33 cases

This text of 385 N.E.2d 687 (City of Mount Carmel v. Partee) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Mount Carmel v. Partee, 385 N.E.2d 687, 74 Ill. 2d 371, 24 Ill. Dec. 546, 1979 Ill. LEXIS 241 (Ill. 1979).

Opinion

MR. JUSTICE CLARK

delivered the opinion of the court:

The city of Mount Carmel, the plaintiff and a municipal corporation, petitioned the circuit court of Wabash County to condemn land in an unincorporated area for a street right-of-way. (Ill. Rev. Stat. 1975, ch. 24, par. 11—61—1.) Upon the motion of defendants Clarence E. and Clifton M. Partee for a change of venue, the cause was transferred to the circuit court of Lawrence County, which dismissed the petition. The appellate court, with a dissent, affirmed (54 Ill. App. 3d 449), and we granted leave to appeal (65 Ill. 2d R. 315).

The issue is whether the city is authorized by section 11— 61—1 of the Illinois Municipal Code (Ill. Rev. Stat. 1975, ch. 24, par. 11—61—1) to condemn property outside the corporate limits, a substantial portion of which is not adjacent or contiguous to those corporate limits, for street or highway purposes.

Defendants own 42 acres of unincorporated land which is improved with farm buildings and used for pasture and growing hay for raising horses. The 42 acres are bounded on the south by the city’s corporate limits, on the east by 926.09 feet of corporate limits as well as by an unincorporated area, and on the north by a county road across which is an unincorporated area. The city seeks a 2.19-acre strip which is. 60 feet wide by 1,587 feet long and runs from the city’s limits on the south to the county road on the north. The strip is adjacent and contiguous to the city’s corporate limit only for a distance of 60 feet on the south end; otherwise it fails to border the city, located just over 150 feet from and running parallel to the east edge of the Partee property.

Section 11—61—1 (Ill. Rev. Stat. 1975, ch. 24, par. 11— 61—1) provides: The defendants argue the circuit court properly granted their traverse and motion to dismiss because the property to be condemned must itself be outside but contiguous and adjacent to a municipality under the statute above, because 60 feet is insufficient contiguity, and because there is a public policy against the taking of strip or corridor property by a municipality. The city contends that under the statute the property to be condemned need not itself be contiguous and adjacent but need only be located “in unincorporated areas” which must be contiguous and adjacent to the municipality. The city maintains that, if the plain language of the statute does not, the doctrine of last antecedent certainly does, require that conclusion. Under this doctrine, relative or qualifying words or phrases modify words or phrases which are immediately preceding, and do not modify those which are more remote. (Stevens v. Illinois Central R.R. Co. (1922), 306 Ill. 370, 373; People v. Thomas (1970), 45 Ill. 2d 68, 72.) It is the city’s view that the word “areas” in section 11—61—1 of the Illinois Municipal Code is more immediately preceding than the word “property.” Hence, “areas” is the antecedent of the modifying phrase “outside of but adjacent and contiguous to”; and only “areas” must be contiguous and adjacent to the municipality — not the property sought.

“The corporate authorities of each municipality may exercise the right of eminent domain by condemnation proceedings in conformity with the provisions of the constitution and statutes of the State of Illinois for the acquirement of property useful, advantageous or desirable for municipal purposes or public welfare including property in unincorporated areas outside of but adjacent and contiguous to the municipality where required for street or highway purposes by the municipality.”

That argument is appealing. However, we believe that interpretation is not the intent of the legislature. The legislature, we conclude, intended that property outside the petitioning municipality and sought for street and highway purposes must be in an unincorporated area (as distinguished from in another municipality) and contiguous and adjacent to the municipality. People v. Thomas (1970), 45 Ill. 2d 68, 72, above, also noted that “the entire section must be read to ascertain legislative intent.” As the appellate court observed, the city’s argument — that “outside of” modifies “unincorporated areas” — would make the words “outside of” surplus language since unincorporated areas are by definition “outside of” a municipality. We have held that a “statute should be so construed, if possible, that no word, clause or sentence is rendered meaningless or superfluous.” (People ex rel. Barrett v. Barrett (1964), 31 Ill. 2d 360, 364-65.) If the legislature did not intend “outside of” to be superfluous, it must have intended the phrase to modify “property,” and it surely meant the prepositional phrase “in unincorporated areas” to refer to “property” so as to distinguish that “property” from property located outside the municipality but in another, possibly adjacent, municipality. (Cf. Village of Schiller Park v. City of Chicago (1962), 26 Ill. 2d 278, where this court found that sections 11—102—1 and 11—102—4 of the Illinois Municipal Code expressly authorized condemnation of land, for use as airports, outside a municipality of 500,000 or more in population, even though the land was in another municipality. The sections do not refer to contiguity.) In Village of Deerfield v. Rapka (1973), 54 Ill. 2d 217, 222, this court remarked that section 11—61—1 “was intended to insure a power to condemn, for street purposes, land outside but adjacent and contiguous to the municipality.” This statement is admittedly dicta, but it reflects a public policy of discouraging unlimited appropriation of unincorporated property by a municipality.

More specifically, this State has an announced public policy of not permitting the taking of a “strip” or “corridor” of land in order to join or facilitate the joining of different parts of a municipality. To accomplish this policy, the legislature requires contiguity and adjacency of the desired land. (E.g., Ill. Rev. Stat. 1975, ch. 24, pars. 7—1—1 et seq. and 11—61—1.) And “contiguous” means to “touch or adjoin *** in a reasonably substantial physical sense.” (Western National Bank v. Village of Kildeer (1960), 19 Ill. 2d 342, 352.) This court has been consistent about this policy as evidenced in its interpretation of “contiguous”:

“The intent of the legislature, as expressed by the word ‘contiguous,’ is that the territory to be annexed must have a substantial common boundary. Neither the use of a strip of land one-half mile long and 50 feet wide to connect two tracts of land to be included in the territory to be organized into a village [citation] nor the annexation of a 75-mile network of roadways leading to a village merely because one can enter this disconnected maze from a point within the boundary of the village, complies with the statutory requirements of contiguity.” (Spaulding School District No. 58 v. City of Waukegan (1960), 18 Ill. 2d 526, 529, where this court found that “a common boundary of approximately one and one-half miles, largely in the form of streets” met the requirement of contiguity.)

The Spaulding decision, referring to the improper annexation of the 75-mile roadwork above, cited People ex rel. Adamowski v. Village of Streamwood (1959), 15 Ill. 2d 595, 601, in which this court concluded:

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Bluebook (online)
385 N.E.2d 687, 74 Ill. 2d 371, 24 Ill. Dec. 546, 1979 Ill. LEXIS 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-mount-carmel-v-partee-ill-1979.