Illinois Central Railroad v. Illinois
Encyclopedia
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
.
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 (12,140.6 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 However, due to political controversy and poor public opinion of the railroad company, the legislature repealed the Lake Front Act in 1873.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.
On March 1, 1883 the Illinois Attorney General filed suit against Illinois Central in order to stop construction on the land known as Lake Park.
Company, asking the court to determine who possessed title to submerged lands under Lake Michigan adjacent to the Chicago shoreline. Illinois also sought a court order to remove structures the railroad company had constructed over the lakebed, as well as an injunction against Illinois Central continuing this construction. Upon motion, the case was removed to the federal Circuit Court for the Northern District of Illinois. Justice Harlan, then a circuit-court judge, ruled that the state held title to the submerged lands, and therefore had the right to revoke the license granted to Illinois Central in the Act, which Illinois Central had contested. This decision also established that the City of Chicago held title to the land of Lake Park (present day Millennium Park
). Illinois Central appealed to the Supreme Court
.
State legislature and the city of Chicago, which was added as a party at trial because of its interest in the case. The respondent was the state of Illinois.
affirmed the lower court’s holding that the state held title to the lakebed. Field found that Illinois lacked the authority to grant title to submerged lands held in the public trust
with two exceptions – for grants not impairing the public interest and grants that actually improved the public trust. But neither exception was found to apply in this case and therefore the railroad did not possess title.
Justice Field expressed the doctrine of public trust as follows:
Justice Field determined that the public trust doctrine applies to the Great Lakes, despite the fact that they are not subject to the ebb and flow of the tides. Initially, the United States adopted English Common law which limited the definition of navigable waters to those that were subject to the ebb and flow of the tides. In the United States the tidal requirement was removed because many rivers can be navigated for great distances by large commercial vessels. Great Lakes, while not subject to the tides, are the conduit of a great deal of transnational and interstate commerce, and it is was this value the common law sought to protect in the public trust doctrine. The public trust doctrine limits private property rights to lands submerged by navigable waters. The Great Lakes
are owned in common to be preserved for the common good, and no private encroachment is allowed.
Justice Field argued that the 1869 grant Illinois made to Illinois Central Railroad was merely a grant of the right to lay track, not a transfer of title to a portion of the lakebed. The grant was expressly limited to this purpose and it particularly limited the transfer of a right of way across the lake so as not to interrupt the navigation of streams.
Justice Field agreed with Illinois Central that title to land bordering navigable waters carries with it the right to access these waters and to develop a pier for personal or public use. However, this right extends only to the “navigable point” of the water. Since no evidence had been presented indicating that the railroad’s pier and docks extended that far, Justice Field remanded this particular issue back to the lower court.
The 1869 act establishing the Illinois Central Railroad Company, granted the company title to a section of the submerged lakebed of Lake Michigan. The state legislature
later repealed this piece of legislation. Justice Field posed the question whether the legislature was authorized to transfer title to the submerged lake bed in the first place. It is up to courts to determine on a case-by-case basis whether a state legislature’s transfer of rights to submerged lands sufficiently protects the public interest.
In this case, Illinois Central was granted unrestricted rights to an enormous, 1000 acres (4 km²) section of submerged land, which occupied the entire aquatic area bordering the Chicago harbor. Justice Field found the state can never permanently transfer authority over these submerged lands, but only grant revocable permissions to them. Therefore, the Illinois state legislature’s original grant had no effect on the state of Illinois’s ultimate authority over the submerged land.
agreed that ownership of state lands extends to those lands submerged under its navigable waters
; however, Shiras argued that the grant of the submerged lands by the state legislature functioned like any land transfer contract and effectively transferred title to Illinois Central. Shiras pointed out that the act granting the submerged lands expressly denied Illinois Central the rights to resell or transfer the lands or to impair the public right to navigation. Shiras makes it clear that this dissenting opinion does not contradict the point that states cannot transfer control of the public’s rights to navigable waters, however, these rights are only violated once Illinois Central acts to obstruct them. To otherwise empower the legislature to revoke legislative acts granting property rights would offend “the right of the citizens to the free enjoyment of their property legally acquired.”
law, it was several decades before, in Martin v. Waddell’s Lessee, that the Supreme Court ratified the public trust doctrine. Still, Illinois Central has been referred to as “the Lodestar in American Public Trust Law” . As of 2010, the courts of 35 states had cited Illinois Central in their articulation of the public trust doctrine.
Public trust doctrine
The public trust doctrine is the principle that certain resources are preserved for public use, and that the government is required to maintain them for the public's reasonable use.-Origins:...
. The Supreme Court held a four to three split decision that the State of Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
did not possess the authority to grant fee title to submerged lands held in the public trust as navigable waters
Navigability
A body of water, such as a river, canal or lake, is navigable if it is deep, wide and slow enough for a vessel to pass. Preferably there are few obstructions such as rocks or trees to avoid. Bridges must have sufficient clearance. High water speed may make a channel unnavigable. Waters may be...
.
Background
In the mid-1800s, ChicagoChicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
was growing rapidly and was becoming increasingly interested in creating an outer harbor at the junction of Lake Michigan
Lake Michigan
Lake Michigan is one of the five Great Lakes of North America and the only one located entirely within the United States. It is the second largest of the Great Lakes by volume and the third largest by surface area, after Lake Superior and Lake Huron...
and the Chicago River
Chicago River
The Chicago River is a system of rivers and canals with a combined length of that runs through the city of the same name, including its center . Though not especially long, the river is notable for being the reason why Chicago became an important location, as the link between the Great Lakes and...
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
Illinois Central Railroad
The Illinois Central Railroad , sometimes called the Main Line of Mid-America, is a railroad in the central United States, with its primary routes connecting Chicago, Illinois with New Orleans, Louisiana and Birmingham, Alabama. A line also connected Chicago with Sioux City, Iowa...
made an offer to the City of Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
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 (12,140.6 km²) of shoreline along Lake Michigan
Lake Michigan
Lake Michigan is one of the five Great Lakes of North America and the only one located entirely within the United States. It is the second largest of the Great Lakes by volume and the third largest by surface area, after Lake Superior and Lake Huron...
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
Michigan Avenue
Michigan Avenue may refer to:* Michigan Avenue * Michigan Avenue , a designation for much of both current and former U.S. Route 12 in Michigan...
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.
On March 1, 1883 the Illinois Attorney General filed suit against Illinois Central in order to stop construction on the land known as Lake Park.
Procedural History
In 1883, Illinois filed suit in state court against the Illinois Central RailroadIllinois Central Railroad
The Illinois Central Railroad , sometimes called the Main Line of Mid-America, is a railroad in the central United States, with its primary routes connecting Chicago, Illinois with New Orleans, Louisiana and Birmingham, Alabama. A line also connected Chicago with Sioux City, Iowa...
Company, asking the court to determine who possessed title to submerged lands under Lake Michigan adjacent to the Chicago shoreline. Illinois also sought a court order to remove structures the railroad company had constructed over the lakebed, as well as an injunction against Illinois Central continuing this construction. Upon motion, the case was removed to the federal Circuit Court for the Northern District of Illinois. Justice Harlan, then a circuit-court judge, ruled that the state held title to the submerged lands, and therefore had the right to revoke the license granted to Illinois Central in the Act, which Illinois Central had contested. This decision also established that the City of Chicago held title to the land of Lake Park (present day Millennium Park
Millennium Park
Millennium Park is a public park located in the Loop community area of Chicago in Illinois, USA and originally intended to celebrate the millennium. It is a prominent civic center near the city's Lake Michigan shoreline that covers a section of northwestern Grant Park. The area was previously...
). Illinois Central appealed to the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
.
Parties
The petitioners were Illinois Central Railroad Company, a corporation created by act of the IllinoisIllinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
State legislature and the city of Chicago, which was added as a party at trial because of its interest in the case. The respondent was the state of Illinois.
Issues
- Whether the state of Illinois possessed the authority to grant title to its lands submerged by navigable waters.
- Whether Illinois Central Railroad Company acquired riparian rights to the lake bed immediately adjacent to the lakefront property to which it possessed title.
Illinois Central’s Arguments
Illinois Central Railroad asserted three arguments in support of their claim on a portion of the lakebed under Lake Michigan. First, Illinois Central argued it had been granted by the state and by city ordinance a 200 feet (61 m) wide corridor into the lake to construct a raised railway track, pier and warehouses. Second, Illinois Central argued that they had acquired riparian rights by virtue of their ownership of lands surrounding the lake. Third, the railroad company argued they had received title to a bounded parcel of submerged lakebed from the State of Illinois in 1869.State of Illinois’s Argument
In seeking to enjoin the railroad, the state claimed “title to the bed of Lake Michigan, and exclusive right to develop and improve the harbor of Chicago by the construction of docks, wharves, piers, and other improvements….“Majority Opinion of the Court
Writing for the majority, Justice FieldStephen Johnson Field
Stephen Johnson Field was an American jurist. He was an Associate Justice of the United States Supreme Court of the United States Supreme Court from May 20, 1863, to December 1, 1897...
affirmed the lower court’s holding that the state held title to the lakebed. Field found that Illinois lacked the authority to grant title to submerged lands held in the public trust
Public trust
The concept of the public trust relates back to the origins of democratic government and its seminal idea that within the public lies the true power and future of a society; therefore, whatever trust the public places in its officials must be respected....
with two exceptions – for grants not impairing the public interest and grants that actually improved the public trust. But neither exception was found to apply in this case and therefore the railroad did not possess title.
Justice Field expressed the doctrine of public trust as follows:
"It is the settled law of this country that the ownership of and dominion and sovereignty over lands covered by tide waters, within the limits of the several states, belong to the respective states within which they are found, with the consequent right to use or dispose of any portion thereof, when that can be done without substantial impairment of the interest of the public in the waters, and subject always to the paramount right of congress to control their navigation so far as may be necessary for the regulation of commerce with foreign nations and among the states"
Justice Field determined that the public trust doctrine applies to the Great Lakes, despite the fact that they are not subject to the ebb and flow of the tides. Initially, the United States adopted English Common law which limited the definition of navigable waters to those that were subject to the ebb and flow of the tides. In the United States the tidal requirement was removed because many rivers can be navigated for great distances by large commercial vessels. Great Lakes, while not subject to the tides, are the conduit of a great deal of transnational and interstate commerce, and it is was this value the common law sought to protect in the public trust doctrine. The public trust doctrine limits private property rights to lands submerged by navigable waters. The Great Lakes
Great Lakes
The Great Lakes are a collection of freshwater lakes located in northeastern North America, on the Canada – United States border. Consisting of Lakes Superior, Michigan, Huron, Erie, and Ontario, they form the largest group of freshwater lakes on Earth by total surface, coming in second by volume...
are owned in common to be preserved for the common good, and no private encroachment is allowed.
Justice Field argued that the 1869 grant Illinois made to Illinois Central Railroad was merely a grant of the right to lay track, not a transfer of title to a portion of the lakebed. The grant was expressly limited to this purpose and it particularly limited the transfer of a right of way across the lake so as not to interrupt the navigation of streams.
Justice Field agreed with Illinois Central that title to land bordering navigable waters carries with it the right to access these waters and to develop a pier for personal or public use. However, this right extends only to the “navigable point” of the water. Since no evidence had been presented indicating that the railroad’s pier and docks extended that far, Justice Field remanded this particular issue back to the lower court.
The 1869 act establishing the Illinois Central Railroad Company, granted the company title to a section of the submerged lakebed of Lake Michigan. The state legislature
Illinois General Assembly
The Illinois General Assembly is the state legislature of the U.S. state of Illinois and comprises the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1818. Illinois has 59 legislative districts, with two...
later repealed this piece of legislation. Justice Field posed the question whether the legislature was authorized to transfer title to the submerged lake bed in the first place. It is up to courts to determine on a case-by-case basis whether a state legislature’s transfer of rights to submerged lands sufficiently protects the public interest.
In this case, Illinois Central was granted unrestricted rights to an enormous, 1000 acres (4 km²) section of submerged land, which occupied the entire aquatic area bordering the Chicago harbor. Justice Field found the state can never permanently transfer authority over these submerged lands, but only grant revocable permissions to them. Therefore, the Illinois state legislature’s original grant had no effect on the state of Illinois’s ultimate authority over the submerged land.
Justice Shiras' Dissenting Opinion
Justice ShirasGeorge Shiras, Jr.
George Shiras, Jr. was an Associate Justice of the Supreme Court of the United States who was nominated to the Court by Republican President Benjamin Harrison. At that time, he had 37 years of private legal practice, but had never judged a case...
agreed that ownership of state lands extends to those lands submerged under its navigable waters
Navigability
A body of water, such as a river, canal or lake, is navigable if it is deep, wide and slow enough for a vessel to pass. Preferably there are few obstructions such as rocks or trees to avoid. Bridges must have sufficient clearance. High water speed may make a channel unnavigable. Waters may be...
; however, Shiras argued that the grant of the submerged lands by the state legislature functioned like any land transfer contract and effectively transferred title to Illinois Central. Shiras pointed out that the act granting the submerged lands expressly denied Illinois Central the rights to resell or transfer the lands or to impair the public right to navigation. Shiras makes it clear that this dissenting opinion does not contradict the point that states cannot transfer control of the public’s rights to navigable waters, however, these rights are only violated once Illinois Central acts to obstruct them. To otherwise empower the legislature to revoke legislative acts granting property rights would offend “the right of the citizens to the free enjoyment of their property legally acquired.”
Importance
Though Illinois Central is frequently cited as the source for American public trustPublic trust
The concept of the public trust relates back to the origins of democratic government and its seminal idea that within the public lies the true power and future of a society; therefore, whatever trust the public places in its officials must be respected....
law, it was several decades before, in Martin v. Waddell’s Lessee, that the Supreme Court ratified the public trust doctrine. Still, Illinois Central has been referred to as “the Lodestar in American Public Trust Law” . As of 2010, the courts of 35 states had cited Illinois Central in their articulation of the public trust doctrine.