2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 1570/ - Lincoln Park Commissioners Land Condemnation Act.

(70 ILCS 1570/0.01) (from Ch. 105, par. 78.9)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Lincoln Park Commissioners Land Condemnation Act.
(Source: P.A. 86-1324.)
(70 ILCS 1570/1) (from Ch. 105, par. 79)
Sec. 1. 
		
		That the commissioners of Lincoln Park, a board of park
commissioners existing under the laws of this State and having control of a
certain park or parks, boulevard and driveways bordering upon the public
waters of Lake Michigan in the County of Cook in this State, shall have the
power to extend such parks, boulevards and driveways over and upon the
submerged lands under the waters of Lake Michigan and over and upon lands
adjacent or adjoining thereto, in the manner hereinafter set forth.
(Source: Laws 1931, p. 689.)
(70 ILCS 1570/2) (from Ch. 105, par. 80)
Sec. 2. 
		
		Whenever the commissioners of Lincoln Park shall decide to make
such an extension over and upon submerged lands under the waters of Lake
Michigan, it shall adopt and cause to be filed with the Secretary of State,
a plan showing the line of division between such proposed extension and the
submerged lands, title to which is to remain in the State, and thereupon
the title of the State to the submerged lands lying on the landward side of
such line shall be vested in and is hereby granted to the commissioners of
Lincoln Park in fee simple for the purposes hereinafter in this Act set
forth. A certified copy of the said plan shall be filed in the office of
the recorder for Cook County.
(Source: P.A. 83-358.)
(70 ILCS 1570/3) (from Ch. 105, par. 81)
Sec. 3. 
		
		The commissioners of Lincoln Park may, by contract with
or deeds from the owner or owners thereof, acquire the riparian rights
appurtenant to the shore lands adjacent to and adjoining the submerged
lands so granted and so much of the shore lands and interests therein
and such right to impose restrictions upon the use thereof as to
the commissioners of Lincoln Park shall seem necessary and desirable and in
acquiring such rights and interests the commissioners of Lincoln
Park may agree with such owner or owners upon a boundary line dividing the
submerged and adjacent and adjoining lands to be held and used for the
proposed park, boulevard, or driveway extension and the submerged and
adjacent and adjoining lands to be retained and held by such owner or
owners in lieu of and as compensation for the release of such riparian and
other rights and shore lands and interests therein to the
Commissioners of Lincoln Park.  In all cases where the
Commissioners of Lincoln Park shall have acquired or contracted to acquire
such shore lands and interests therein and riparian and other rights
appurtenant thereto or shall have agreed with any owner or owners upon a
boundary line as hereinabove provided, the owner or owners of such shore
lands and interests therein and riparian and other rights appurtenant
thereto may file a complaint in the
Circuit Court of the county in which the lands are situated, in which complaint
the Commissioners of Lincoln Park shall be made defendants,
praying that the boundary line between the lands of the plaintiffs in the
action and the lands acquired by the
Commissioners of Lincoln Park under this Act, may be established and
defined by the judgment of the Circuit Court.  The defendant shall be served
with process in the action so instituted in the same manner as in other
civil cases, and the proceedings in the cause may be conducted
in the same manner as in other civil cases, and the court shall have power by
its final judgment in the cause to establish the dividing or boundary line
between the lands of the plaintiffs and the lands of the Commissioners of
Lincoln Park adjacent thereto, and the line so established by the judgment of
the Circuit Court shall be
the permanent boundary line of the shore lands which shall not be affected
or changed thereafter, either by accretions or erosions, and the owners of
the shore lands shall have the right to improve, protect, sell and convey
the shore lands up to the boundary 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 of existing accretions,
if any, to the shore land.  In the event that any owner or party
interested in any of the shore lands shall be unable to contract with the
Commissioners of Lincoln Park by reason of minority or other
disability, a complaint may be filed by the guardian or
next friend or other legal representative of such owner in the circuit
court in the county in which such lands are
situated, in which the Commissioners of Lincoln Park shall be made
defendant, praying that such proceedings may be had and such order or
judgment entered as may be necessary or proper to protect
the interests of the plaintiff in the shore lands. The defendant shall
be served with process in the same manner as in other civil cases and the
proceedings in the cause shall be conducted in the same manner as in other
civil cases, and the court shall have power by its final judgment upon such
terms and conditions as it may deem reasonable and fair, to transfer to the
Commissioners of Lincoln Park all the riparian rights of the plaintiff, and
also to establish the boundary line between the lands owned by the plaintiff,
and the lands of the Commissioners of Lincoln Park.
(Source: P.A. 91-357, eff. 7-29-99.)
(70 ILCS 1570/5) (from Ch. 105, par. 82)
Sec. 5. In case the Commissioners of Lincoln Park are unable to
agree with the owner or owners of or any persons interested in such
adjacent and adjoining lands or interests therein or riparian or other
rights appurtenant thereto or are unable to agree upon a boundary line
between the lands to be held by the Commissioners of Lincoln Park and the
lands to be held or retained by such shore owner in lieu of or as
compensation for the release of such adjacent or adjoining lands and
interest therein and riparian and other rights appurtenant thereto, or in
case any owner is incapable of consenting or his  name or residence is
unknown or he  is a non-resident of the State, proceedings may be had to
condemn such lands and interests therein and the right to impose
restrictions upon the use thereof and the riparian rights appurtenant
thereto 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 1570/5.5)
Sec. 5.5. 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 1570/6) (from Ch. 105, par. 83)
Sec. 6. 
		
		The submerged lands thus granted and the shore lands and interests
therein and riparian rights appurtenant thereto, and the right to impose
restrictions thereon thus acquired in accordance with the preceding
sections the Commissioners of Lincoln Park shall hold for the following
uses:
1.  For the purpose of filling, reclaiming, improving, maintaining and
holding the same as a public park;
2.  For the purpose of constructing and maintaining boulevards, driveways
and parkways for public convenience;
3.  For the purpose of creating, constructing and maintaining lagoons and
harbors for boats and for establishing and maintaining rules and
regulations for the use thereof by the public;
4. For park purposes generally.
(Source: Laws 1931, p. 689.)
(70 ILCS 1570/7) (from Ch. 105, par. 84)
Sec. 7. 
		
		The cost of the acquisition of such shore lands and
interests therein and riparian and other rights appurtenant thereto
from such shore owners, together with the cost of the construction
of the said boulevards, driveways and parkways therein and of the
reclamation and improvement of such submerged lands may be paid by
the Commissioners of Lincoln Park, either out of its general
revenues or out of the proceeds of such interest bearing bonds
as the Commissioners of Lincoln Park may, from time to time,
lawfully issue.
(Source: Laws 1931, p. 689.)
(70 ILCS 1570/8) (from Ch. 105, par. 85)
Sec. 8. 
		
		The powers granted by this Act to the Commissioners of Lincoln Park
shall not be construed to have been exhausted by one use of the same, but
under the same conditions and limitations and in the manner proscribed, the
said the Commissioners of Lincoln Park may from time to time, proceed with
further park, boulevard, or driveway extensions, provided, however, that
all such extensions lie within the district or territory the property in
which shall be taxable for the maintenance of the said Lincoln Park or
within the waters of Lake Michigan adjoining or being a part of such
district or territory.
(Source: Laws 1931, p. 689.)
(70 ILCS 1570/9) (from Ch. 105, par. 85a)
Sec. 9. 
		The following Act is hereby repealed: 
		"An Act to enable park
commissioners having control of any park bordering upon public waters in
this State, to enlarge the same from time to time and granting submerged
lands for the purpose of such enlargements and to defray the cost thereof";
approved June 15, 1895, in force July 1, 1895, as amended; said repeal to
take effect at the time at which this Act takes effect; provided, however,
that the repeal of such Act shall not affect suits pending or
rights existing at the time this Act takes effect, nor shall such repeal be
taken, construed or held to avoid or impair any grant made or right
acquired or cause of action now existing under such Act or the amendments
thereto, except as such rights may be altered or affected by agreement,
contract or deed hereunder or by judgment or decree of a competent court
hereunder, or by condemnation under the authority hereof.
(Source: Laws 1931, p. 689.)