Section 118. The legislature has the unquestioned authority to delegate the power to take private property for public use to municipal corporations, subject, however, to all constitutional restrictions. The right of eminent domain is not inherent in a municipality and it has no authority to condemn property, unless authorized to do so by the legislature in express terms or by necessary implication.7

3 Cooley, Const. Limitations, Pars.

528 and 541; Weckler vs.

Chicago, 61 III, 142. 4 47 Mo. 479. 5 Harbeck vs. Toledo, 11 Ohio St., 219; Kidder vs. Peoria, 29 III., 77. 6 Harvey vs. Aurora and Geneva Ry. Co., 174 III., 295; Goddard vs. C. & N. W. Ry. Co., 202 III., 362; 96 N. Y., 351.

"Not only must the authority to municipal corporations, or other delegated legislative agents, to take private property be expressly conferred, and the use for which it is taken specified, but the power with all constitutional and statutory limitations and directions for its exercise, must be strictly pursued. Since the power to condemn private property against the will of the owner is a stringent and extraordinary one, based upon public necessity or an urgent public policy, the rule requiring the power to be strictly construed, and the prescribed mode for its exercise strictly followed, is a just one, and should, within all reasonable limits, be inflexibly adhered to and applied." 8