City planning -- Illinois -- Chicago -- History -- 20th century
[34] In the case of _Chicago, Burlington & Quincy Railway Co._ v.
_People_, 212 Ill. 103, 116, the Supreme Court quotes with approval the
following language from the American and English Encyclopædia of Law:
“The police power is to be clearly distinguished from the right of
eminent domain; and the distinction lies in this: that in the exercise
of the latter right, private property is taken for public use and the
owner is invariably entitled to compensation therefor, while the police
power is usually exerted merely to regulate the use and enjoyment of
property by the owner, or, if he is deprived of his property outright,
it is not taken for public use, but rather destroyed in order to
promote the general welfare of the public, and in neither case is the
owner entitled to any compensation for any injury which he may sustain
in consequence thereof, for the law considers that either the injury
is _damnum absque injuria_ or the owner is sufficiently compensated
by sharing in the general benefits resulting from the exercise of the
police power.”
This decision was affirmed by the Supreme Court of the United States,
200 U. S. 561.
[35] Hurd’s Statutes of Illinois, edition of 1908, p. 1532.
[36] Hurd’s Statutes of Illinois, edition of 1908, p. 1546.
[37] Hurd’s Statutes of Illinois, edition of 1908, p. 1574-5.
[38] Acts of 1893, chap. 407.
[39] Hurd’s Statutes of Illinois, edition of 1908, p. 1129.
[40] See _Russell_ v. _High School Board_, 212 Ill., 327.
[41] House bill No. 350, introduced in the Illinois legislature, March
23, 1909, provides (Art. IV, Sec. 9) that “the city shall have power
to acquire, by dedication, gift, purchase, or condemnation, lands or
easements inside or outside of the city limits, for park purposes, and
for ways connecting parks with the city or with each other.”
[42] Constitution of Illinois, Art. IV, Sec. 34.
[43] Hurd’s Statutes of Illinois, edition of 1908, p. 316.
[44] Hurd’s Statutes of Illinois, edition of 1908, p. 336.
[45] _Shoemaker_ v. _United States_, 147 U. S. 282; _Dunham_ v.
_People_, 96 Ill. 331; _People_ v. _Brislin_, 80 Ill. 423.
[46] Hurd’s Statutes of Illinois, edition of 1908, p. 421.
[47] House bill No. 350, Illinois, 1909, already mentioned, which
contemplates the merger of the park boards in the city government,
provides (Art. IV, Sec. 19) as follows: “The provision of the statutes
governing the making of local improvements in the city shall be as
nearly as possible applied to the proceedings for the taking of lands
and the meeting of the expenses in connection with such improvements,
except that the board of park commissioners shall act in place of the
board of local improvements.”
[48] Hurd’s Statutes of Illinois, edition of 1908, p. 321.
[49] _Kreigh_ v. _Chicago_, 86 Ill. 407.
[50] _Harder’s Storage Co._ v. _Chicago_, 235 Ill. 58.
[51] _Cicero Lumber Co._ v. _Cicero_, 176 Ill. 9; _Brodbine_ v.
_Revere_, 182 Mass. 598.
[52] _People_ v. _Walsh_, 96 Ill. 232.
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