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132 The lands were absolutely unusable; in fact, their existence prevented the efficient use and development of the harbor. The State condemned the area, drained it, and provided proper protection with the result that usable land was created. A large portion was sold at a profit to the State. In a test case the court of Massachusetts upheld the project as constitutional.

Philadelphia, Pa.—An effort to take marginal land for the protection of an improvement began in Philadelphia in 1903. In 1907, Fairmount Parkway was begun, and the legislature passed a law giving the city the right to take property within 200 feet of the boundaries of the improvement. In 1912, the city condemned certain areas abutting on the parkway. Such land-taking was declared illegal in 1913 in the case of the Pennsylvania Mutual Life Insurance Co. v. City of Philadelphia (22 Pa. Dist. Reports, 195). However, the city continued the work by purchasing without condemnation all the land possible, and by 1916 had acquired all but about 160 of the 1,000 parcels desired. After this unfavorable decision, the attempt to obtain legal sanction for marginal condemnation was continued, and in 1933 Pennsylvania adopted a constitutional amendment permitting the extended use of the power of eminent domain.