People ex rel. Bransom v. Walsh

Citations

• 96 Ill. 232
• 1880 Ill. LEXIS 26

Syllabus

<p>1. Streets—control of may be given to park commissioners. It is competent for the legislature to transfer the control of the streets of a city or village to park commissioners, to be by them improved and controlled for boulevard and park purposes, where such purposes are not inconsistent with their use for ordinary travel.</p> <p>2. Same—the fee is in the city for the public. A city, as the agent or representative for the public, holds the fee of the streets therein for the use of the public,—not for the citizens of the city alone, but for the entire public, of which the legislature is the representative.</p> <p>3. Same—legislative control. So long as the use of streets is not exclusive, the mode of their exercise is within the control of the legislature. Embankments for railways, tunnels for crossing streets, notwithstanding they abridge the ordinary mode of uses, are within the power of the legislature to authorize.</p> <p>4. Same—injury to private persons by change of use. For any change of the use of a street dedicated to the public for ordinary purposes, since the adoption of our present constitution, to the extent that it damages private individuals, they will be entitled to recover. If they waive their rights, neither the public nor other persons can litigate for them. If the new use affects private rights, proceedings for condemnation may have to be invoked, but so far as affects the public alone, the legislature, as its representative, may do as it pleases.</p> <p>5. Where no private rights are involved or invaded, the legislature may close a highway or street, or relinquish altogether its use by the .public, or it may regulate its use or restrict it. In the absence of constitutional restriction, the legislature may vacate or discontinue a street or highway, or invest municipal corporations with this authority.</p> <p>6. Same—grant of control with reservation. Where a city is authorized by statute to grant the control of certain streets to park commissio