Chicago, Rock Island & Pacific Railroad v. City of Joliet

Citations

• 79 Ill. 25

Syllabus

<p>1. Dedication—difference between a statutory and common law dedication. The difference between a statutory and common law dedication is, that the one vests the legal title to the ground set apart for public purposes in the municipal corporation, in trust for the public, while the other leaves the legal title in the original owtner, charged, however, with the same rights and interests in the public which it would have if the fee was in “ the corporation.</p> <p>2. Same—how and by whom the use of land dedicated to public use may be directed and controlled. Where land is described on a recorded plat as “public grounds,” it is an unrestricted dedication to the public use. In such case, the use is indefinite, and may vary, according to circumstances. The public not being able, through themselves, to manage it, the care of it must devolve upon some local authority or body corporate, as its guardian, who may direct its use, subject to the control of the law and the courts in case of any abuse of the trust.</p> <p>3. In such case, as between a municipal corporation holding title to the ground for public uses without restriction, and the general public, the legislature may direct and regulate the purposes for which the public may use it.</p> <p>4. Where a plat of a town, duly recorded, contained a block marked “public grounds,” and there is no incorporation of the town, the power of directing what public use shall be made of such public ground devolves upon the legislature, as the representative of the whole people.</p> <p>5. Where the legislature authorized the board of directors of a railroad company to locate and construct their road along and across the public grounds and streets of an unincorporated town, and the directors, in pursuance of that authority, did so locate and construct their road, they were, to all intents and purposes, public agents in so doing, and such location was the act of the State, and within the legislative authority, unless such location was i