City planning -- Illinois -- Chicago -- History -- 20th century
[86] _Heyward_ v. _New York_, 7 N. Y. 314; _Rexford_ v. _Knight_, 11 N.
Y. 308; _Malone_ v. _Toledo_, 34 Ohio, 541.
[87] _Meyer_ v. _Teutopolis_, 131 Ill. 552; _People_ v. _Wieboldt_, 233
Ill. 572; _Wisconsin River Improvement Co._ v. _Pier_, 118 N. W. Rep.
857.
[88] House Bill No. 350, Illinois, 1909, already mentioned, contains
the following provisions, the legality of which is based upon the
conclusions above stated.
Art. IV, Sec. 10. “The city council, on recommendation of the board
of park commissioners, shall have power to extend the park system
of the City of Chicago, both within and outside of the city limits,
by adding to or otherwise enlarging any parks, and by opening and
establishing new parks, and by extinguishing or acquiring such title
to, or such easements and rights in or over, any lands abutting on or
in the vicinity of any existing or projected park as may be necessary
or appropriate to control the surroundings of such park so as to
increase the advantage thereof to the public, or secure to the public
the full benefit, use and enjoyment thereof. For any such purpose the
city may extinguish easements or rights in land, and may acquire lands
and easements and rights in or over land, by gift, devise, dedication,
purchase or condemnation, and may in its discretion, take under the
power of eminent domain or otherwise the title in fee simple absolute
to any land which the city is authorized to acquire, or in or over
which it is authorized to acquire easements and rights as aforesaid,
and such title shall not terminate or be defeated by cessation or
abandonment of the use for which it was acquired. The declaration of
the city council that any such lands or easements or rights in or over
land are necessary or appropriate for any such purpose shall constitute
sufficient prima facie evidence of such necessity or appropriateness.
The city council may vacate streets and alleys within the limits of or
adjacent to any lands acquired for the purpose of this section.”
Public-domain text, read in full here on John Shaqi.
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