Illinois Central Railroad v. Illinois
| Illinois Central Railroad v. Illinois | |
|---|---|
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| Decided December 5, 1892 | |
| Full case name | Illinois Central Railroad Company v. Illinois |
| Citations | 146 U.S. 387 (more)
146 U.S. 387, 13 S.Ct. 110
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| Holding | |
| Navigable waters are of special interest to the public and are held in trust by the state. | |
| Court membership | |
| Case opinions | |
| Majority | Field |
| Dissent | Shiras |
The Supreme Court decision in Illinois Central Railroad v. Illinois, 146 U.S. 387 (1892), reaffirmed that each state in its sovereign capacity holds permanent title to all submerged lands within its borders and holds these lands in public trust. This is a foundational case for the public trust doctrine. The Supreme Court held a four to three split decision that the State of Illinois did not possess the authority to grant fee title to submerged lands held in the public trust as navigable waters.
In the mid-19th century, Chicago was growing rapidly and was becoming increasingly interested in creating an outer harbor at the junction of Lake Michigan and the Chicago River because local currents often resulted in either the formation of sandbars or areas of erosion, increasing congestion and complicating navigation. Then, in 1851, the Illinois Central Railroad Company made an offer to the City of Chicago that in exchange for allowing tracks to be laid along the lake front, the railroad company would pay for and build a breakwater to protect the harbor. Illinois then officially granted 3 million acres (12,000 km2) of shoreline along Lake Michigan to create a north-south railroad under the state charter titled "An Act to Incorporate the Illinois Central Rail Road Company". This charter gave Illinois Central the authority to "enter upon and take possession of, and use all and singular any lands, streams and materials of every kind." To further confirm their rights to this area, the railroad lobbied the state, and in 1869, the State of Illinois passed the Lake Front Act, granting Illinois Central “appropriation, occupancy, use and control” of a large portion of the harbor. The legislature’s goal in passing the act was to bring a new train depot, an outer harbor and better parks to the residents of Chicago. The portion of land stretched from present-day West Randolph Street south to Twelfth Street, and from South Michigan Avenue east into Lake Michigan. However, due to political controversy and poor public opinion of the railroad company, the legislature repealed the Lake Front Act in 1873. Both before and after the repeal, Illinois Central continued to construct tracks, piers and other facilities along the lake front. This construction also included filling in several hundred feet into Lake Michigan to provide land for these new facilities.
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