Some of you wanted a legal basis, so enjoy.
http://www.chicagotribune.com/news/o...108-story.html
Lucas Museum site does not violate public trust
By Stephen Patton
Stephen Patton is corporation counsel for the City of Chicago.
"The Tribune's Jan. 4 editorial concerning the proposed Lucas Museum of Narrative Arts is based on a false premise and mistaken comparisons that lead to an incorrect conclusion.
Simply because the proposed museum site was formerly "submerged lake bed land" does not mean the state of Illinois is either its owner or "exclusive trustee." In fact, the Illinois General Assembly transferred title to this and other lakefront property to the Park District's predecessor in 1903 and
specifically authorized the Park District to contract with private organizations to construct, operate and maintain museums on this and other parkland starting in 1911.
That is why 11 museums currently occupy sites on Park District land without violating the public trust or any other legal doctrine. This currently includes on formerly submerged lake bed: the Field Museum, the Adler Planetarium, the Art Institute and the Shedd Aquarium, and their numerous recent additions.
Under your reasoning, the legality of all these museums would be subject to challenge.
The suggestion that the public trust doctrine has become more restrictive since these museums were built is also wrong. In its most recent decision on the doctrine, the Illinois Supreme Court rejected the claim by Friends of the Parks that use of public funds to renovate Soldier Field pursuant to a long-term lease with the Chicago Bears violated the public trust doctrine, relying on the fact that the property would continue to be owned by the Park District and that the public would also benefit from the improvements...."