(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.)
|