City planning -- Illinois -- Chicago -- History -- 20th century
This legislation did not authorize the condemnation of riparian
rights, but only the acquisition of such rights by negotiation. To
facilitate settlement, an Act passed May 2, 1907,[70] empowered the
park commissioners, with the approval of the Circuit Court, to agree
with the riparian owners upon a boundary line between the public park
and the private shore lands, and to convey to the riparian owners
all submerged land lying inside of the boundary line thus fixed by
agreement; in other words, the park board, having received from the
state a grant of its title to the bed of the lake, is authorized to
sell and convey to the shore owners so much thereof as may be necessary
to induce them to release their riparian rights. If any shore land is
owned by persons who are incompetent to contract or who are unknown,
the power is given to condemn their riparian rights, pursuant to the
provisions of the statute of eminent domain. That power should not be
limited to the lands of unknown or legally incompetent owners. Under
this legislation, the park board has power to build a boulevard far out
into the lake and to settle with the riparian owners by conveying to
them as wide a strip of the submerged lands as may be deemed expedient;
and the shore owners will then have the right to fill in such
submerged strip, thus adding extensive areas of valuable shore land
to their present holdings. The constitutionality of this legislation
is virtually settled by the case of _People_ v. _Kirk_, 162 Ill. 138,
sustaining a similar arrangement between the Lincoln Park board and the
proprietors of the shore south of Oak Street. The Lincoln Park board
has been given power to condemn shore lands and riparian rights under
an amendment of Section 2 of an act passed June 15, 1895, and court
proceedings are authorized for the establishment of the boundary line
between the park lands and the lands of private owners.[71]
Public-domain text, read in full here on John Shaqi.
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