City planning -- Illinois -- Chicago -- History -- 20th century
The police power of the state is not available for merely æsthetic
purposes, and is quite inadequate to the solution of this special
problem. Owners of land, under existing constitutional limitations,
can with impunity lease to advertising companies the right to erect
safely constructed billboards and paint the sides and roofs of barns
with any advertisements not injurious to morals or contrary to public
decency; nor can vulgarities which merely offend the sight and shock
temperamental susceptibilities be construed as breaches of decency. “It
is believed,” says a writer in the Harvard Law Review,[76] “that both
on theoretical and practical grounds the law must be taken as settled
that, although public æsthetic ends may be effectuated by statute or
ordinance through the exercise of eminent domain, the same object may
not be accomplished by legislation under the police power without
compensation.”
In the case of _Chicago_ v. _Gunning System_, 214 Ill. 628, the
Supreme Court of Illinois declared that the legislature, by conferring
authority upon the city council to abate nuisances and enforce police
ordinances, had given that body ample power to regulate, within
reasonable limits, the construction of billboards upon private
property; but the court nevertheless condemned a particular ordinance
for the reason, among others, that the purpose of certain sections
seemed “to be mainly sentimental and to prevent sights which may be
offensive to the æsthetic sensibilities of certain individuals residing
in or passing through the vicinity of the billboards.”
A broader control may, however, be exerted under the power of eminent
domain. It is possibly within the capacity of the legislature to
authorize park boards or other governmental bodies to acquire by
condemnation proceedings, upon payment of compensation, the right,
even in country districts, to restrict the use of all land within view
of a driveway or park; but the exercise of that power with respect to
property which does not actually front on the park or driveway scarcely
falls within the domain of practical consideration in connection with
the present Plan.
Public-domain text, read in full here on John Shaqi.
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