City planning -- Illinois -- Chicago -- History -- 20th century
[72] House Bill No. 352, introduced in the Illinois legislature on
March 23, 1909, proposes to confer on the city complete legal power
to create harbors and provides as follows: “Sec. 14. For the purpose
of acquiring or constructing wharves, docks, levees, or in connection
with such wharves, docks, or levees, elevators, warehouses, vaults
or necessary or appropriate tracks or terminal facilities, the city
may reclaim the submerged lands under any public waters within the
jurisdiction of or bordering upon the City of Chicago, and shall
thereupon be vested with the absolute title, in fee simple, to the
lands so reclaimed; and for any of the purposes aforesaid the city
may acquire, by purchase, condemnation or otherwise, the title of the
private or public owners, if any there be, to lands lying beneath such
public waters and to any lands penetrating into or abutting on such
public waters, and also the riparian or other rights, if any there be,
of the owners of the shore lands abutting on such public waters in or
over such public waters or the submerged lands under such waters. The
city and the owner or owners of any such abutting lands or riparian or
other rights are hereby authorized to agree upon a division of the said
submerged lands between the said city and the said owners, and upon a
boundary line dividing the submerged lands acquired or to be acquired
by said city, and the submerged lands to be taken, owned and used by
said owners in lieu of and as compensation for the release or transfer
of such riparian or other rights to said city; subject, however, to the
requirement that in all cases in which said city shall have agreed upon
any such division, the said city shall file a petition or petitions
in chancery and obtain a decree of court thereon, in like manner as
is provided with respect to boards of park commissioners in and by a
statute of the State of Illinois entitled, ‘An Act authorizing park
commissioners to acquire and improve submerged and shore lands for park
purposes, providing for the payment therefor, and granting unto such
commissioners certain rights and powers and to riparian owners certain
rights and titles,’ approved May 2, 1907.”
[73] _Lobdell_ v. _Chicago_, 227 Ill. 218
[74] See Report of National Civic Federation Commission on Public
Ownership and Operation, Part 1, Vol. 1, p. 25.
[75] Digest of City Charters, prepared for Chicago Charter Convention,
pp. 25, 26.
[76] Vol. xx, p. 43.
[77] _McPherson_ v. _Village of Chebanse_, 114 Ill. 46.
[78] _Welch_ v. _Swasey_, 193 Mass. 364.
[79] _Attorney General_ v. _Williams_, 174 Mass. 476.
[80] _City of St. Louis_ v. _Hill_, 116 Mo. 527; _Chicago_ v. _Gunning
System_, 214, Ill. 628.
[81] _City of St. Louis_ v. _Dorr_, 145 Mo. 466.
[82] _Dunham_ v. _Hyde Park_, 75 Ill. 371.
[83] _Matter of Albany Street_, 11 Wend. 148.
[84] _Embury_ v. _Conner_, 3 N. Y. 511; _Dorgan_ v. _Boston_, 12 Allen,
223.
[85] _Brooklyn Park Comm’rs._ v. _Armstrong_, 45 N. Y. 234, 243.
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