City planning -- Illinois -- Chicago -- History -- 20th century
“The right of eminent domain, that is, the right to take private
property for public uses, appertains to every independent government.
It requires no constitutional recognition: it is an attribute of
sovereignty. The clause found in the constitutions of the several
states providing for just compensation for property taken is a
mere limitation upon the exercise of the right. When the use is
public, the necessity or expediency of appropriating any particular
property is not a subject of judicial cognizance. The property
may be appropriated by an act of the legislature, or the power of
appropriating it may be delegated to private corporations, to be
exercised by them in the execution of works in which the public is
interested.”
Parks, boulevards, and places of recreation are now universally
recognized as legitimate objects of public concern, for which the power
of eminent domain may appropriately be exercised; and it seems clear
that if private property can be taken to create such utilities, it may
also be taken for the purpose of realizing the full benefit of these
works by adequate control of the surroundings. The legislature might
at least authorize a city, park district, or other subordinate agency
to exercise the power of eminent domain by imposing upon property in
the neighborhood of a public place restrictions upon the location or
character of the buildings to be erected, or the kinds of business,
if any, to be conducted upon such adjacent land. It could not be
successfully argued that such a use was not public.
The conception of a public use must alter and expand with the
development of civilization, and especially with the growth of cities.
In sustaining an act of Congress providing for the condemnation of
land for a public park in the District of Columbia, and assessing part
of the cost upon the property specially benefited, the Supreme Court,
in the case of _Shoemaker_ v. _United States_, 147 U. S. 282, 297,
speaking through Mr. Justice Shiras, said:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account