Page:John Nolen--New ideals in the planning of cities.djvu/110

NEW IDEALS IN THE PLANNING OF construction. Therefore cities are beginning to insert in their charters the provision for the adoption officially of a city plan, the effect of which is to make it unlawful for any official or city employee to depart in city construction from the plan adopted. The power officially to adopt or change the city plan should be lodged with the common council, or other regular city authority.

One useful, if not indispensable, power in the construction of the public features of a city is that of excess condemnation. Under our national and state constitutions, -private property may be lawfully taken only for public use. In constructing a street, a park, or almost any other public works, it is often desirable to take land outside the physical limits of the main improvements. This is done for some purpose regarded as incidental to the principal enterprise.

The early advocates of excess or incidental condemnation urged it chiefly as a method of recouping a part of the cost of public works. This phase of the subject is considered in the next chapter. The greatest need of excess condemnation, however, is as a method of controlling the land adjacent to a public improvement. For example, the cutting through of new streets or the widening of existing ones necessarily leaves outside the lines of the street remnants of lots of such a size and shape as to be unsuitable for building. For this reason the city without the power of excess condemnation often pays the owner of the lot nearly the value of the entire lot. The remnant itself is unsuited to development, and shuts ofif the property back of it from the street and prevents its improvement also.

The guidance of private development is an important field of public control by legislation. In the absence of such control it is impossible to insure proper city development.

Building regulations to secure light and air, so necessary