Illinois General Assembly - Illinois Compiled Statutes

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70 ILCS 1230/1

(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.)