Statutory dedication generally vests the legal title to the grounds set apart for public purposes in the municipal corporation, while the common-law method leaves the legal title in the original owner."Īt common law, dedications were limited to highway purposes, but in this country the doctrine of dedication has been given a wider application, and land may now be dedicated to the city for almost any purpose for the use and enjoyment of the public. According to McQuillin's Municipal Corporations, "a statutory dedication is one pursuant to the terms of a statute, and is almost universally created by the filing and recording of a plat. If the land is intended for sale to the municipality for a certain purpose, it may first be reserved for that purpose to allow time for the transaction to take place. If it is given to the municipality, the dedication may be voluntary or it may be required by law. Land for public purposes may be transferred to the municipality by gift or by sale. This Information Report will analyze a number of ordinances adopted since 1940 which require or recommend dedication or reservation of public open space and will discuss some of the legal and administrative aspects of such requirements. Numerous requests made to PLANNING ADVISORY SERVICE in the last two years have indicated the need for published information on the current status of such requirements. Lautner's Subdivision Regulations, (Public Administration Service, Chicago, 1941).
Information on the practice of communities with respect to public open space in new developments was first compiled over ten years ago in Harold W. Many cities and counties, in order not to repeat the mistakes of the past and in the belief that new residential developments should contain an adequate amount of public open space, have incorporated in their subdivision regulations a suggestion or requirement concerning land for public purposes. It is presumed that this determination of future open spaces is made only after a thorough investigation of the need and a consideration of other parts of the master plan. Similarly, public open space in areas to be developed in the future is designated on a map. Over a period of years, an attempt is made by the city to acquire land where needed and to convert it to park, recreation or school use. To correct the deficiency of park and school areas in densely built up cities, the planning commission may develop a master plan of parks, using some standard acreage of land per person, located within a reasonable distance from all residential areas. One characteristic of the slum in many cities is its inadequate park and playground space, and one lesson that the slum has taught us is that once subdivision and development have taken place, it is virtually impossible for the city to provide that open space without either demolishing buildings or completely redeveloping the area. Certainly, environmental conditions are near the top of the list. Whether the condition of the dwelling structure or the condition of its physical surroundings is the most significant in slum-building is difficult to determine. On the other hand, they are permitting the construction of new residential areas, which, though good or excellent in residential structure, are lacking in the environmental features which result in wholesome and enduring neighborhoods.Ī number of factors contribute to the making of slums and blighted areas. On the one hand cities are demolishing their old slums and replacing them with good buildings and well-planned, integrated neighborhoods. Yet, hundreds of square miles of residential subdivisions containing no more open space than the minimum amount required in private yards are being developed every year in the United States. It has long been agreed that accessible parks, playgrounds, and schools are as necessary to a good living environment as are proper densities and compatible land uses. One of the most difficult and at the same time most important aspects of land subdivision is the provision of public open spaces. Membership for Allied Professionals & CitizensĮducation, Work, and Experience Verificationġ313 EAST 60TH STREET - CHICAGO 37 ILLINOIS
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