Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-02-02
RICHMOND. FEBRUARY .. 1899.
10 Inc Editors OF he Eng,itrer.


10 me Editors Of TIE enquirer.
The frequent repetition in every company
of the question, what is the ubjecr of the Ken
lucky mission here ? indicates so little ac-
qha'ntancc with subject deeply affecting the
honor of Virginia, and the interest OF her c-
tzeDs, as may we'll produce alarm, lest that
honor and those interests may he compromit-
ted IN the negociation, which the commission
ers of kentucky are about TO open with our
government.
Great injury may result to the citizens of
Virginia from the government doing too little,
as well as from dung too much.
With Il view to facilitate the enquiries of
those, whose duty or inclination may lead
them to investigate this subject will endc;,-
vor tn give some explanation of the objects of
Kentucky, SD far as understand them toge-
Their with reference 10 such acts of her Ie-
Sislature and decisions other courts, and those
of the United States, as are most Intimately
connected with the subject, and at the same
time suggest some points which Virginia
ought TO have brought into discussion. BY
reference to the preamble to the resolutions
of the Legislature of Kentucky, published in
the Enquirer, of the 9Th inst, i'm pursuance of
which, the commissioners have been appoint
ed, it will be seen that the project of this
mission has grown out of a decision of the SUI
preme court Of the U. S. declaring the law
passed by Kentucky, in 1897, and that pass
ed in 1912, to protect the occupants Of lands,
void, ms being incompatible with the compact
entered into by kentucky at her separation
from her pareut state. The Instructions from
Kentucky to her commissioners, as expressed
IN the resolutions of her legislature, are first
to ask of Virginia recognition of the power
IN kentucky TO enact those laws, and her as
sent to their provisions which might be ex-
pressed by resolution of the General AS
sembly; if that shall be refused, then to ask
the appointment ola board of commissioners,
as provided by the compact, to settle the con-
struction of that instrument, and hIessrs
Clay and Bib are empowered to act as com
lnlssoners on the part of Kentucky in consti-
| tuting that board.
The provisions of the occupant laws of
Kentucky, are very little understood in Virgi-
MA, though by the operation of those laws
vast amount of property has been unjustIy
| wre,ted from her citizens
The first of those laws is that OF 1897 list
Littel, 64l.) 1t provides that persons evicted
| from lands TO which they can shew plain
and connected title in law or equity without
actual notice of an adverse claim. shall be ex-
| empt from all suits for rents or profits prior
| TO actual notice, aud shall be paid by the sue
cess!ul claimant for all valuable improvements
made upon the land, prior to such notice Ii
farther provides, that the court pronounciug
the Judgment, shall appoint commissioners to
assess the value of the improvements, and the
value of the land exclusive of the improve
ments If the value of the improvements tx
coed the value of the land in its uniynproved
state, the successful claimant may transfer his
title 10 the other party and take judgment
against such party, for the estimated value of
the land But, if the value of the improve
menls does not exceed the value of the land
then the party eyicied may have Judgment
for the estimated value of the improvements,
after subtracting the amount of damage done
10 the land by waste.
The second law upon this subject is that Of
| 1912, 4th Lttel, S45.) Which provides that
the occupant who improves lands, supposing
| them To be- his own by reason of II claim
which can be traced to public record, shall
upon eviction by a better title, be paid by the
successful claimant, the value of all improve
ments made before the Judgment of the court,
and shall not be liable for rents or profits he
fore the date of the Judgment and if the va
uc of the improvements do not exceed three
fourths Of the value of the lands i'm their I'M
improved state, the occupant may take IA
Judgment against the successful claimant for
the estimated value of the improvements hut
II the value of the improvements exceeds
III cC-lOuTlilS tlie value Oh the ianu, tnen the
mprOver shall pay the value of the lands Go
vernon Scott refused to approve this act, and
assigned his reasons at length, which furnish
an able commentary upon this, as well as the
act Of 1897.
The third and last act upon this subject, is
that of 1890, published in the sessions acts of
that year, page l48, which provides that eve
ry bona fide and innocent occupant who
Claims under any written contract, although
the title cannot be derived from any grant
by the government, shall OH eviction be paid
the value of all improvements made upon the
lard before the Judgment, and shall hold pos
session after Judgment, without becoming LA
bic for rents or profits, until the successful
claimant tenders to him the amount of the
value of the improvements, and so much of
the laws of 1897 and 1919, as gives 20 the
right owner his election to pay for the inn
proyemcnts, or to take Judgment for the
value of the land, is, repealed. The practical
effect of this law is, in four cases out of five
tn transfer the land to the occupant for, the
improvements are very frequently valued at
more than the LaHd and improvements will sell
for.
Encouraged by these laws, citizens of Ken
lucky have improved land in many instances,
which they well knew did not belong to them,
and have expended all their means in making
expensive improvements, with the hope that
the owner of the land would rather abandon
hIs claim, than pay for them.
The decision OF the supreme court in the
case of Grernvs Biddle, reported in the Ma
ii0nd Inteliigencer Of the 18th March 1921,
entirely defeats such specuations as the whole
benefit of the Improvements will under the
operation of that decision accrue to the right
owner of the land without any compensation
to the intruder. You may marine fbe cv-
citement produced in Kentucky, by this de-
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