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Lakefront - Public Trust and Private Rights in Chicago (Hardcover)
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Lakefront - Public Trust and Private Rights in Chicago (Hardcover)
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How did Chicago, a city known for commerce, come to have such a
splendid public waterfront-its most treasured asset? Lakefront
reveals a story of social, political, and legal conflict in which
private and public rights have clashed repeatedly over time, only
to produce, as a kind of miracle, a generally happy ending. Joseph
D. Kearney and Thomas W. Merrill study the lakefront's evolution
from the middle of the nineteenth century to the twenty-first.
Their findings have significance for understanding not only
Chicago's history but also the law's part in determining the future
of significant urban resources such as waterfronts. The Chicago
lakefront is where the American public trust doctrine, holding
certain public resources off limits to private development, was
born. This book describes the circumstances that gave rise to the
doctrine and its fluctuating importance over time, and reveals how
it was resurrected in the later twentieth century to become the
primary principle for mediating clashes between public and private
lakefront rights. Lakefront compares the effectiveness of the
public trust idea to other property doctrines, and assesses the
role of the law as compared with more institutional developments,
such as the emergence of sanitary commissions and park districts,
in securing the protection of the lakefront for public uses. By
charting its history, Kearney and Merrill demonstrate that the
lakefront's current status is in part a product of individuals and
events unique to Chicago. But technological changes, and a
transformation in social values in favor of recreational and
preservationist uses, also have been critical. Throughout, the law,
while also in a state of continual change, has played at least a
supporting role.
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