2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 1230/ - Park Commissioners Water Control Act.

(70 ILCS 1230/0.01) (from Ch. 105, par. 91.9)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Park Commissioners Water Control Act.
(Source: P.A. 86-1324.)
(70 ILCS 1230/1) (from Ch. 105, par. 92)
Sec. 1. Every board of park commissioners existing
under the laws of this state, which has now, or may hereafter have or
acquire control over any public park, boulevard or driveway bordering upon
any public waters in this  state shall have the power to extend such park,
boulevard or driveway over and upon the bed of such public waters, and that
every board of park commissioners existing under the laws of this state,
which now has, or may hereafter have or acquire, control over two or more
separate public parks, whether they constitute a part of one park system or
not, bordering upon any public waters in this state, shall have power to
connect the same by constructing a park, boulevard, driveway or parkway,
extending over and upon the submerged land and bed of such public waters,
and over and upon any lands adjacent to or adjoining upon or penetrating
into such waters, and may extend any such park by constructing a park,
boulevard, driveway or parkway over any private property, and over any
navigable river or any part thereof which lies within the territory, the
property of which shall be taxable for the maintenance of the park under
the control of said board of park commissioners, so as to connect such
park, boulevard, driveway or parkway with any park, boulevard, driveway or
parkway now or hereafter constructed, and connected with or forming a part
of any other park system; and in extending such park or in constructing
such park, boulevard, driveway or parkway, the said board of park
commissioners may construct such viaducts, bridges or tunnels or parts of
viaducts, bridges or tunnels, within its said territory as to it may seem
necessary, and that every such board of park commissioners may acquire the
lands, or the riparian or other rights of the owners of lands, or both,
whether of individuals or corporations, on the shores adjacent to or
adjoining the public waters or rivers in which it is proposed to construct
any such park, boulevard, driveway or parkway, or extension or connection,
also the title of the private or public owners, if any there be, to lands
lying beneath, adjacent to or adjoining such public waters or rivers, also
the title of any lands penetrating into such public waters and the title of
any lands into, upon or over which it is proposed to construct any such
park, boulevard, driveway or parkway or any such extension or connection,
or any viaduct, bridge or tunnel forming a part thereof, by contract with
or deed from any such owner or owners, whether individuals or corporations,
or by condemnation: Provided, however, that no extension which shall be
made shall interfere with the practical navigation of such public waters or
rivers for the purposes of commerce, without due authority from the proper
official of the United States government having control thereof. Said board
of park commissioners and said riparian or adjacent owners are hereby
authorized to agree upon a boundary line dividing such adjacent, adjoining,
submerged and penetrating lands,
acquired or to be acquired by said board
of park commissioners, and such adjacent, adjoining, submerged and
penetrating lands to be taken, owned and used by said riparian or other
owners in lieu of and as compensation for the release of said lands and
riparian rights to said board of park commissioners. In case said board of
park commissioners are unable to agree with and such owner or owners
or persons interested, either as to such boundary or dividing line and such
lands to be taken by such riparian or other owners and persons interested
as compensation for the release and granting of said lands and riparian or
other rights or in case the compensation to be paid for or in respect of
the property, riparian or other rights, the adjacent, adjoining, submerged
and penetrating or other lands sought to be appropriated or damaged for the
purposes mentioned in this act, cannot be agreed upon by the parties
interested, or in case the owner of the property is incapable of
consenting, or his  name or residence is unknown, or he  is a non-resident of
the state, or, if in any event, the said board of park commissioners shall
elect to acquire the riparian or other rights, or the adjacent, adjoining,
submerged, and penetrating or other lands, or any such rights or lands,
proceedings may be had to condemn the said riparian or other rights and the
said adjacent, adjoining, submerged and penetrating or other lands, or any
of them, according to the provisions
for the exercise of the right of eminent domain under the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 1230/1-a) (from Ch. 105, par. 93)
Sec. 1-a. 
		
		The fact that any individual, corporation, or other person shall
be made a party defendant to any such condemnation proceedings hereby
authorized, shall not establish any presumption as to the validity or the
extent of the title of such defendant, but before damages shall be assessed
to any such defendant, the court shall first find and adjudge the right,
title, and interest of such defendant in the property sought to be taken or
damaged, and through such condemnation proceedings the said board of park
commissioners shall acquire whatever right, title, interest or claim such
defendant may have.
(Source: Laws 1903, p. 256.)
(70 ILCS 1230/1-b)
Sec. 1-b. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 1230/2) (from Ch. 105, par. 94)
Sec. 2. 
		
		In all cases in which said board of park commissioners shall have
acquired or contracted to acquire the riparian rights of the owners of any
lands along the shore adjoining such public waters or rivers, or have
acquired or contracted to acquire lands owned or claimed by such owners,
and have agreed upon the dividing line aforesaid, such board of park
commissioners shall file petitions or complaints in
the circuit court of the county in which such lands are
situated, praying that the boundary line between the lands acquired or to
be acquired by the defendants in such suit and the lands acquired or to be
acquired by such board of park commissioners under this Act and under
such contracts, may be established and confirmed by the judgment of such
court, as agreed upon by such parties, to which complaints or petitions all
persons interested in such riparian rights and lands as owners or otherwise
as appearing of record, if known, or if not known, stating that fact, shall
be made defendants.  Persons interested whose names are unknown, may be made
parties defendants by the description of the unknown owners; but in all
such cases, an affidavit shall be filed by or on behalf of the petitioner
or plaintiff, setting forth that the names of such persons are unknown;
such board of park commissioners shall also give public notice of the
filing of each such complaint or petition by publication thereof once a
week for 3 consecutive weeks in a newspaper of general circulation
regularly published in the city in which or nearest to which such riparian
rights or lands are situated, which notice shall contain the title of the
suit and the designation of a return day at which the defendants are to
appear, the last of which notices shall be published not less than 10
days or more than 20 days before the day so designated for
appearance.  The defendants who do not enter their appearance shall be
served with process in the suits so instituted in the same manner as in
other civil suits, and the proceedings in such cause shall be conducted in
the same manner as in other civil suits.  Any legal voter or taxpayer within
the district or territory in which the property shall be taxable for the
maintenance of the park system under the control of such board of park
commissioners, shall be permitted to enter his appearance and become a
party defendant in the proceedings and may answer or may file any
appropriate motion as in other civil cases.  If, upon a hearing, the court
shall find that the rights and interests of the public have been duly
conserved in and by such an agreement, then the court shall confirm such
agreement and establish such boundary line; otherwise, the court shall, in
its discretion, dismiss such complaint or petition.  If the dividing line
agreed upon shall be so established and confirmed by the judgment
of the court, it shall thereafter be the permanent dividing and
boundary line of such lands, and shall not be affected or changed
thereafter, either by accretions or erosions; and the owners of such short
lands are hereby granted by the State of Illinois, the title to the
adjacent, adjoining, submerged, penetrating and other lands, whether of
natural or artificial formation, lying upon the inner or land side of said
boundary line when so established, and they shall have the right to fill
in, improve, protect, use for all lawful purposes, sell and convey the
submerged or other lands up to the line so established, free from any
adverse claim in any way arising out of any question as to where the shore
line was at any time in the past, or as to the title to any existing
accretions, and the board of park commissioners is hereby granted by the
State of Illinois, the title for park purposes to the adjacent, adjoining,
submerged, penetrating, artificially made and other lands lying upon the
outer or water side of the boundary line and opposite and adjoining to
the lands granted and confirmed by such judgment to such riparian, shore or
other owners.  It shall be the duty of the Attorney General to appear in
such proceedings and assert the claim of the State of Illinois, if any, as
to any lands involved in such proceeding, which have been improperly taken,
made or occupied, and the court shall proceed to hear and determine such
claim in the proceeding.  If it shall be found that any land has been
wrongfully taken, made or occupied to which the State of Illinois can
assert title, it shall be the duty of the court to enter a judgment
requiring proper compensation to be made by the person or persons or
corporation taking, making or occupying such lands, or in lieu thereof to
vacate the same, and such compensation and the claim of the Attorney
General shall be determined before any such agreement between any park
board and the alleged owners of such lands shall in any way become
effective.  The Attorney General shall have the right, upon behalf of the
State with the approval of the court, to compromise any claim which the
State of Illinois may assert upon such terms as shall be just and equitable
to the State of Illinois.  The court shall require notice of the pendency of
such proceeding to be given to the Attorney General, and before any judgment
shall be entered in such proceeding, proof shall be made that such notice
has been given.
(Source: P.A. 79-1366.)
(70 ILCS 1230/3) (from Ch. 105, par. 95)
Sec. 3. 
		
		Such board of park commissioners shall have the power to pay for
any such rights, lands or territory, thus acquired, and for the
construction and protection of such park, boulevard, driveway or parkway or
such extension or connection either out of its general revenues or by the
issue and sale, from time to time, of interest bearing bonds, in addition
to the bonds now authorized by law to be issued and sold by such board of
park commissioners: Provided, no bonds shall be issued under this act
contrary to the provisions of Section 12, Article IX, of the Constitution
of this State: And, provided, further, That the proposition to issue such
bonds shall first be submitted to a vote of the legal voters of such park
district and shall receive a majority of the votes cast upon such
proposition. And authority is hereby expressly granted to the board of park
commissioners issuing such bonds to levy and collect a direct annual tax
upon the property within their jurisdiction, in addition to the amount of
any tax now authorized by law to be levied and collected by them,
sufficient to pay the interest on said bonds as it falls due and also to
pay and discharge the principal thereof within twenty (20) years from the
date of issuing said bonds, and the county clerk of the county in which
such park district is located or such other officer or officers as are by
law authorized to spread or assess taxes for park purposes shall, on
receiving a certificate from such board of park commissioners that the
amount mentioned in such certificate is necessary to pay the interest on
said bonds and also to pay and discharge the principal thereof within
twenty (20) years from the date of issuing said bonds, spread and assess
such amount upon the taxable property embraced in said park district the
same as other park taxes are by laws spread and assessed, and the same
shall be collected and paid over the same as other park taxes are required
by law to be collected and paid.
(Source: Laws 1903, p. 256.)
(70 ILCS 1230/4) (from Ch. 105, par. 96)
Sec. 4. 
		
		The title to any such extension or connection of such park or
parks, boulevards, driveways and parkways, and to the bed thereof shall be,
and hereby becomes vested in such board of park commissioners for public
purposes, and the same shall thereby become a part of the public park or
parks under the control of such board, and shall thenceforth be maintained
and controlled by such board in the manner provided by law, for the
government and maintenance of other parks, boulevards and driveways under
its control, and in all cases where any boulevard, driveway or parkway is
extended, or constructed, under the provisions of this act, the title to
the submerged lands lying between the shore of such public waters, and the
inner line of the extension of such boulevard, driveway or parkway, shall
be, and thereby becomes vested in such board of park commissioners for
public purposes; and in case any such park, boulevard, driveway or parkway,
extension or connection as provided in this act, shall be made into, over
or upon the bed of Lake Michigan by any such board of park commissioners,
then the right, title and interest of the State of Illinois in and to the
bed of so much of said Lake Michigan shall be vested in such board of park
commissioners as in other cases provided in this act, and for the same
purposes and with the same rights and power.
(Source: Laws 1903, p. 256.)
(70 ILCS 1230/5) (from Ch. 105, par. 97)
Sec. 5. 
		
		No such board of park commissioners shall be hereby authorized to
extend any of its park or boulevard system outside of or beyond the limits
of the district or territory, the property of which shall be taxable for
the maintenance of the parks under the control of such board of park
commissioners, except into, over and upon public waters or rivers adjoining
or being a part of such district.
(Source: Laws 1903, p. 256.)
(70 ILCS 1230/6) (from Ch. 105, par. 98)
Sec. 6. 
		
		The powers granted by this act to any board of park commissioners
shall not be construed to have been exhausted by any one use of the same,
but said commissioners may, from time to time, proceed with further
enlargements or extensions: Provided, however, That all such enlargements
or extensions lie within the district or territory, the property in which
shall be taxable for the maintenance of the park systems under the control
of such board of park commissioners, or within public waters or rivers
adjoining or being a part of such district or territory.
(Source: Laws 1903, p. 256.)