A Government Body Cannot Encourage Public Use

Of privately owned property.

That's a 5th Amendment violation under the U.S. Constitution.  Clear and simple.  It's a takings.

The IL state constitution has a takings clause that also considers damage to private property by the government.  Compensation is required.  A recent IL SC case confirmed this. 

Interesting, eh?  Especially when one considers that upstream subdivisions are allowing a lot of trash into the creek that runs through our subdivision...and we pay to dredge at our stage of the creek.  Don't forget the wear and tear on the GV trail by public users; GV HOA maintains the trail through its HOA assessments.

Here is some analysis of Illinois' takings law and case history in light of Kelo.  It appears to be more restrictive than Kelo, as many states adopted more restrictive takings provisions.  Indeed, the takings would be for public use and enjoyment, but the City would have to "condemn" the property first to take it.