An Act to enable park commissioners having control of any boulevard or driveway bordering upon any public waters in this State, to extend the same.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every board of park commissioners existing under the laws of this State that now has, or may hereafter have, control over any boulevard or driveway connecting with any public park under the control of such board, and bordering upon any public waters in the State, shall have power, subject to the limitations in this Act contained, to extend such boulevard or driveway of the width of not more than two hundred feet over and upon the bed of such public waters: Provided, however, that no such boulevard or driveway shall be extended under the provisions of this Act in such a manner as to interfere with the navigations of such public waters for the purposes of commerce, and that the lands adjacent to such public waters and connected with the termini of such boulevard or driveway as extended under the provisions of this Act shall lie within the district or territory, the property of which shall be taxable for the maintenance of the parks under the control of such board.
Section 2. Whenever such board of park commissioners shall determine to extend any such boulevard or driveway under this Act, said board shall prepare a plan of such proposed extension, and make an estimate of the cost thereof, and shall obtain the consent in writing of the owners of at least two-thirds of the frontage of all the lands not appropriated to or held for public use abutting on such public waters in front of which it is proposed to extend such boulevard or driveway for the making of such extension, and shall also obtain the consent of the supervisor and assessor, corporate authorities of the town or towns in which the lands abutting on such public waters in front of such proposed extension may lie, to the making of such extension. The riparian or other rights of the owners of lands on the shore adjoining the waters in which it is proposed to construct such extension, the said board of park commissioners may acquire, by contract with or deeds from any such owner; and in the case of inability to agree with any such owner, proceedings may be had to condemn such right according to the provisions of article nine of an Act entitles, “An Act to provide for the incorporation of cities and villages,” approved April 10, 1872.
Section 3. Upon complying with section two of this Act, said board shall have power to contract in writing with any person or persons for the construction of such extension of such boulevard or driveway, according to such plan, and under the supervision of said board, and in all cases where any boulevard or driveway is extended under the provisions hereof, the submerged lands lying between the shore of such public waters and the inner line of the extension of such boulevard or driveway shall be appropriated by the board of park commissioners to the purpose of defraying the cost of such extension and to that end such board of park commissioners are authorized to sell and convey such submerged lands in fee simple, by deeds duly executed on its behalf by its president and under its corporate seal, and every deed executed in pursuance hereof shall vest a good title in the grantee to the premises intended to be conveyed thereby.
Section 4. Upon the completion of any such extension of such boulevard or driveway, the title thereto and to the bed thereof, shall be vested in such board of park commissioners, for the purpose of a boulevard or driveway, and shall 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 boulevards and driveways under its control.
Section 5, In case any public streets shall extend to the shore line of said pubic waters in front of which extension of such boulevard or driveway shall be constructed under this Act, and such streets, if extended, would cross such extension, such streets (unless the municipality in control thereof shall otherwise direct) shall extend to the inside line of such extension of said boulevard or driveway. Nothing in this Act shall be construed to repeal section twenty of an Act entitled, “An Act in regard to the completion of public parks and the management thereof,” approved June 16, 1871, and amendments thereto heretofore made, or which may be hereafter made, unless expressly so declared. Approved June 4, 1889.
An Act to grant the title of certain submerged land in Lake Michigan to the commissioners of Lincoln Park and enable them to exercise police power over the water adjacent thereto.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: that a right, title and interest of the State in and to the bed of Lake Michigan, on which the driveway connected with Lincoln Park is now constructed, or on which any extension thereof may hereafter be constructed, and a strip of such submerged land between the east line thereof and a line fifty feet east of the breakwater protecting said driveway and any extension of the same, be and is hereby granted to the commissioners of Lincoln Park and their successors in office, to be held for the use and benefit of the public as a part of said park, and for no other purpose whatever.
Section 2. That said commissioners may have and exercise police control over the waters of Lake Michigan along the east side of said driveway, and any extension thereof, for a distance of two hundred and fifty feet in same way as over the grounds of the park, and sand may be taken therefrom by permission of said commissioners.
Approved June 4, 1889
From the 1911 Report of the Submerged and Shore Lands Legislative Investigating Committee:
The Lincoln Park Board under this act of the Legislature located its driveway over and upon Lake Michigan in such a manner that ninety-three acres of submerged land lying between the shore and the western boundary of the driveway were reclaimed. This large tract of reclaimed land was, under the provisions of this act, sold by the Board of Commissioners to the shore owners, each shore owner obtained that portion of the reclaimed land lying opposite the tract of land by him owned. In consideration of the sale of these lands, the shore owners agreed to construct the driveway in the lake and fill in the submerged lands between the driveway and the shore.