Note 88 — LEGAL ASPECTS OF THE PLAN OF CHICAGO

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.”

Art. IV., Sec. 13. “The provisions in this Act contained authorizing the city to acquire the absolute title in fee simple to lands in or over which the city is authorized to acquire easements or rights, shall be subject to the provision that any lands so taken for such purpose shall, unless appropriated to some public use within ten (10) years after acquisition of the title thereto, be sold and disposed of by the city in the manner now or hereafter provided by statute for the sale and conveyance of property no longer required for the use of the city, subject, however, to such easements or rights in said lands, and to such conditions, covenants and restrictions respecting the use or improvement thereof as the city, upon recommendation of the board of park commissioners, shall, in the deed of conveyance, impose or reserve, and subject further to the power (which is hereby granted) of the city council, with the consent of the board of park commissioners, to release, waive or (by or with the consent of the grantee or owner of the conveyed premises) alter any such easements rights, conditions, covenants or restrictions.”