out, widening, enlarging, extending and maintaining memorial grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public buildings, and reservations in and about and along and leading to any or all of the same; and after the establishment, lay out, and completion of such improvements, may convey any such real estate thus acquired and not necessary for such improvements, with reservations concerning the future use and occupation of such real estate, so as to protect such public works and improvements, and their environs, and to preserve the view, appearance, light, air, and usefulness of such public works.

APPENDIX NO. 4. PROPOSED AMENDMENTS
REJECTED BY PEOPLE.

1. New Jersey, 1915.

The legislature may authorize the state, or counties, cities, towns, boroughs or other municipalities, or any board, governing body or commission of the same, to take more land and property than is needed for actual construction in the laying out, widening, extending or re-locating the parks, public places, highways or streets; provided, however, that the additional lands and properties so authorized to be taken shall be no more than sufficient to form suitable building sites abutting on such park, public place, highway or street, after so much of the land or property taken has been appropriated for such park, public place, highway or street as is needed therefor, the remainder may be sold or leased and reasonable restrictions imposed.

2. California, 1913, 1915, 1918.

The State or any county, city and county or incorporated city or town, taking or appropriating property within the limits thereof for public use for any proposed public improvement may also take and appropriate under the power of eminent domain, additional, adjoining or neighboring property within the limits thereof, in excess of that actually to be devoted to or occupied by the proposed improvement, and such additional land so taken shall be deemed to be taken for public use. The estates in such additional property so taken shall be a fee simple estate, and such additional property may be sold, leased or otherwise disposed of in whole or in part, under such terms and restrictions as may be appropriate to preserve or further the improvement made or proposed to be made. For the purpose of acquiring, constructing, enlarging or improving a public park, playground, boulevard, street, building or ground therefor, any county, city and county, incorporated city or town may condemn lands outside of its boundaries and within the distance of ten miles therefrom, provided that no land within any other county, city and county, incorporated city or town shall be taken without the consent to be given in any manner that may be provided by law. The conditions under which such additional property may be taken or appropriated, the means and method of providing payment therefor and the terms and restrictions under which such property may be sold, leased, or otherwise disposed of shall be prescribed by general law.

1918 proposal, Sec. 20: The State, any county, city and county, or municipality may acquire, by eminent domain, the title in fee simple. to property in excess of that actually needed for an improvement. Property so acquired in excess of that actually needed for such improvement, shall be deemed to be acquired for a public use. The procedure for such acquisition and the use, sale and lease or other disposition of property so acquired shall be prescribed by general law.

3. New York, 1911.

When private property shall be taken for public use by a municipal corporation, additional, adjoining and neighboring property may be taken. Property thus taken shall be deemed taken for a public use.

4. Wisconsin, 1914.

When private property shall be taken for public use by a municipal corporation, additional, adjoining and neighboring property may be taken. Property thus taken shall be deemed taken for a public use.

APPENDIX NO. 5. AMENDMENTS PROPOSED IN, BUT NOT SUBMITTED BY, LEGISLATURES.

1. Massachusetts, 1914.

For the purpose of establishing parks, public reservations, wharves, and docks the general court may by special acts authorize the taking by the commonwealth, or by a county, city or town, or by a commission authorized by a special act of the general court, of more land than is needed for the actual construction of such parks, reservations, wharves, or docks provided the land and property authorized so to be taken are specified in the act; and after so much of the land or property has been appropriated for such parks, reservations, wharves, or docks as is needed therefor, the commonwealth, county, city, town or commission, as the case may be, may hold, lease, sell or use, with or without restrictions, the remainder thereof.

2. Pennsylvania, 1915.

The State, or any municipality thereof, acquiring or appropriating property or rights over or in property for public use, may, in furtherance of its plans for the acquisition and public use of such property or rights, and subject to such restrictions as the legislature may from time to time impose, appropriate an excess of property over that actually to be occupied or used for public use, and may thereafter sell or lease such excess, and impose on the property so sold or leased any restrictions appropriate to preserve or enhance the benefit to the public of the property actually occupied or used.