The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-01
Supreme Court
THE OPENING OF PAnx PLACE.

pecis'on y ron. Judge Mitchell.
oc7 2o-xn tho Natter Of Extending Park Place
The ground aken 65 feet by 1856 feet 10 inches belongs
to Columbia College, which also owns about so feet
the north side Of it, and As the south side For the
land TAKEN the college is allowed 5000 000 and for the
benefit Of the rest of the land is assessed sl0
One Of the directors values the two strips remaining to
the college at $500 600 when the street shall be opened
The part taken is than half Of what is left and at
the same rate would be worth $500 600 and upwards It
would be most extraordinary improvement il the bene-
tit more than doubles the value of the land yet such
would be the result ii 5000 than the present
value Of the land taken There are however, proofs
to the value the amount of damages, that the
court is left to the judgment Of the Commissioners, and
such facts apparent on the face OF the maps II
at first commended that in the lower part Of the
II no buildings taken, the whole assessment for
benefit should be borne by the Land half way between
the improvement and the two streets either side Of it,
This is statutory rule to lands the Commission
erB map and MS It applies to the whole property that
map its effect generally equal and JUST each lot thus
generally pays for half Of the street in front Of it, and
the expense of opening it, and no more But no such
general rule has been applied to the lands in the
lower part Of the city, but then for every improve
ment every lot that benefited, however much II
might be, has been made to pay its fair share Of
way for the widening of West Broadway, Of College
place and perhaps even for the extension of Hudson
street in olden time from Duane to Chambers street,
and probably will have to pay again when Robinson
street shall be widened in continuation Of tho present
improvement The true rule is as counsel and parties
seemed finally to concede on the argument, that the
benefit is to be assessed to the adjoining the i'm
provement and to all others in proportion to the benefit
received by EACH and that If the benefit to the adjon
ing owners equal 10 the loss to them, and there
benefit also to other owners, the other must
be assessed in common with the adjoining owners zach
and there Is law against It, The college is
for benefit to land 1875 feet by 3s5 feet 10 inches
and the directors do not consider that too MUCH but
too little that land would make about "a lots each rs
by SO feet and the assessment then Is equal to more
than 900 average every such lot left to the
college. DR.. renor holds the house and lot on the
If r,1Io n1o nd
which is Is feet inches College place by 100 fee.
inches and he is assessed 81 about of the
smaller than his. Mr.. Ellsworth holds the house and
lot the southwest of the street which
fee. College place by 70 feet and he is aessed s745
about onet tenth Of the average tho college lots, al
though his lot large theirs. Robinson street Il
about SO feet wide that the proposed srset being s.
feet wide, and directly opposite to Robinson street will
give opening of Is to each Of their house,
directly through the street aud Broadway, al
vintage almost equal TO having an entirely new stree
Eusworth's, Is assessed less, because IL Is mar
rover and does not directly the opening. The lot
Of Mr. Bard next to Mr. Mason's l. assessed the
IL a'' The s s On rule
deemed to receive the less benefit The Of the
above two lots also say that at future day Robinson
street win be widencd and then fifteen feet will be taken
from the width OF each Of their lots and they say,
they win not enjoy the benefit Of the Improvement II it
IL an improvement to the extent OF the assessment las
ths argument assumes their property Will De worth
inst 80 much more and will be valued accordingly when
the opening shall take place, and then the
win be repaid the amount Of this assessment They also
say that they essees under the college, and that the
college wi at the end Of the leases receive the benefit
Of the improvement That a very remote benefit as IL
will not for sixteen years. and only
partially then, as the lessees entitled to renewal
But the liability Of the essecs to pay for
arises only from their voluntary contract and
been considered BY both parties when the leases
made and the amount Of rent must have been regulated
accordingly Some Park place urge that they
should not be assessed they allege that they or their
predecessors in ownership coded the site OF the
street gratuiously In that the former doubt
wisely consulted their interest and they have reap
ed great benefit from III and when it was DONE that
part Of the street being occupied for private residences
only great part of Its beauty the college grounds
with their ancient trees and green lawn forming fine
back ground the view that at that time, the
would have paid rather to keep those grounds they
are than to have them open. In the meanwhile, these
grounds have been unproductiye to the college, while
those the ceded street have been highly profitable
That part was coded when the cesson necessary In
order to give any value to the lots and when the land
coded was OF but little value Now the land taken IL Of
very great value The college party to the
sion and there Is no understanding, express implied
when cession Of street Is made, that the adjoining
lands are not to y assessed for any benefit TO them from
subsequent Improvement in continuation Of that made
by the cessi0n. The report Is confirmed