METHODS OF ACQUIRING LAND
1. ACQUISITION BY GIFT, DEDICATION, OR DEVISE
There is nothing to prevent a city from taking and holding land for other than a public purpose, provided the tax payers’ money is not spent in the acquisition or holding of the land for the desired purpose. If in any specific case it were desired to grant real estate to a city for a purpose not covered in the city charter, the legislature would usually be found willing to pass enabling legislation. The character of most municipal administrations has not been promising enough to induce large holders of land to create trust estates which cities shall administer for the benefit either of all or of a certain class of their citizens; but there is nothing in legal theory which would prevent the acceptance on the part of a city, as trustee, of either real or personal property which the donor desires should be devoted to a certain use; as, for instance, to the providing of cheap and sanitary dwellings for its citizens. This is but one illustration of what might be done by the city as trustee, but the validity of any such trust would depend entirely on its administration without expense to the city.
2. ACQUISITION BY PURCHASE AND CONDEMNATION
The acquisition of land by the city for an unrestricted purpose either by gift, dedication, or devise is unusual, but its acquisition out of public revenue, for other than a public purpose either by purchase or by condemnation, is prohibited in all cities. In the latter case the city may take a fee, which is complete ownership of land, or an easement, which is the right merely to use the land for a specific purpose and one which will be interpreted as “public.” These restrictions on the right to acquire land by condemnation or purchase have a decided influence on a city plan.