City planning -- Illinois -- Chicago -- History -- 20th century
“It would be difficult to adjust the matter; and in many cases it
might operate harshly upon the owner to compel him to take and pay
for the improvements. On the whole, therefore, the plan of compelling
the city to take the land in fee simple, and the owner to part with
his whole title for a just compensation, would seem to be the most
simple and equitable that could be adopted; unless there is some
objection on the ground that a fee simple is more sacred than an
estate for life or years, or than an easement of greater or less
duration. We can see no ground for regarding one of these titles as
more sacred than another, or for regarding land as more sacred than
personal property. * * *
“Whether land be taken under the clause authorizing the making of
wholesome and reasonable laws, or by virtue of the clause authorizing
the appropriation of private property to public uses, it must in
either case be left to the legislature to decide what quantity of
estate ought to be taken in order to accomplish its purpose, and do
the most complete justice to all parties.”
If a municipality were justified in taking an area in order to control
the surroundings of a park or boulevard, the proceeding would not
be rendered illegal by the fact, if fact it was, that the hope of
pecuniary profit was a strong, or even the controlling, motive. If
there is a sound basis which justifies the action of public officials,
the motive by which those officials are actuated is not open to
judicial inquiry.[87]
If, then, it be a legitimate part of a public improvement—as few would
question that it is—to impose appropriate restrictions upon the use
and improvement of adjacent property, and if, as seems probable, the
condemnation of the entire title can be authorized for that purpose,
a municipal body could be empowered by the legislature to acquire
title to land outside of the physical area of improvement; and if the
municipality had also been authorized by the legislature to sell any
interest no longer needed in any of its land, it could sell the land
subject to all necessary conditions or restrictions; nor would it lie
in the mouth of any court to question the proceeding or brand it as
illegal because the real, efficient motive may have been to get the
benefit of the enhancement in the value of the property.
There is probably no constitutional obstacle to legislation investing
a city, park board, county, or other appropriate agency with power
to condemn as part of or supplementary to a public improvement such
contiguous area as the reasonable needs of the improvement itself might
require to be subjected to proper restrictions; nor could such a law
be condemned by reason of its also authorizing the sale of the land
subject to such conditions or restrictions as the public authorities
saw fit to impose upon it.[88]
Public-domain text, read in full here on John Shaqi.
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