Elizabeth daily monitor. [volume] (Elizabeth, N.J.) 1868-1880, 1869-08-17

| manner in which the commissioners are TO
proceed and make their reports, in cases
ken for street and the remaining part adj
| joining thereto are either damaged or bene-
| fitted by the Improvement. One opinion
| seems to be, that if the remaining lands are
1 benefited, such benefit cannot be deducted
1 from the value of the lands taken, but must
be left for assessment along with other
lands which are to be assessed for the benetit
of the improvement.
But it seems to me, after carefully reading
| the nnety-sixth section, that it Is the duty OF
the commissioners, i'll estimating the dama-
| ges sustained by q land owner by the taking
| of portion of his lands, in the first place to
| estimate the fair value of the lands taken ];
| then to add thereto any damages which will
| accrue from the improvement to his remain
| ing land adjoining; or to substract therefrom
| any benefit which will accrue to such remain
ing land The sum, in the one case, and the
difference, in the other, will be the true dam
ages to be assessed to that land owner. And,
! ifiasmuch as his advantage as well as injury
has thus been already taken into the account,
his land cannot be brought into the assess
ment for benefits. But if the advantage
which his remaining land Will receive from
the proposed improvement shall be estimated
| to EXCEED the value Of his land taken. then
| all that the commissioners are to do, in their
first report, is to specially assess the value of
| the land taken, and state that the benefits to
| the remaining land will exceed that amount.
| Then the remaining land will be open to as
sessment like all other lands to be assessed );
and from such assessment for benefits, when
made, will be deducted the value of the land
taken-as stated in the first report. In other
| words, in the assessment for benefits, he Will
be credited the value of his land taken for
| the street.
| do not overlook the fact that the one hum
bred and first section requires the assessment
| for benefits to be made upon ALL THE LAND
AND. REAL ESTATE benefited by the improve
ment. This is true. But this must be inter-
preted reasonably. 1t cannot reasonably and
| equitably be made on those lands the benefit
to which has already been taken into account
in assessing the damages. That would not
ba Just AND EQUITABLE assessment.
| The question has been raised as to what
| shall be done where the City Council purchas-
| es the land necessary to be taken for street !?
| When making such purchase, may they also,
at the same time, make an amicable arrange
ment with the owner as to the damage on ben
eft TO his remaining lands adjoining the
! lands taken On reflection | cannot see any
objection to this course. II is simply ques-
ton of POWER. Has the City Council POWER
| to settle the damages as well as the value of
the land taken ? 1 think that power is fairly
implied in the ninety-ffth section, taken in
connection with the ninety-slxth The City
| Council certainly have not power to make a
| GENERAL assessment Of benefits. That be-
| longs to the Commissioners, under the one
| hundredth and first section. But an agree
ment for the value of the land to be taken
would naturally involve an agreement as to
| the whole damage or benefit sustained by the
owner thereof, and could hardly be made
without including an agreement as to the
latter l therefore think, on the whole, that
| such an arrangement is within the power of
| the Council to make JOSEPH 2. BRADLEY.
Newark, August II, 1869.
Which was received and ordered published.
The Committee on Streets and Highways,
\ to whom was referred, August 4, 1869, the
certificate of the Street Commissioner of the
4 work of paving Grove street, from Grier ave
llue to Broad street, reported the same cor
rect, and in favor Of paying the contractor
81. 402.25 less previous payments.
| Which was received
The same Committee, to whom was referred
July 20, 1863, the certificate of the Street
/ Commissioner of the work of regulating
grading, curbing and gathering Morrell
street, from Elizabeth avenue to Jersey street,
reported the same correct, and in favor of
| paying the contractor 81, 04463, less previous
payments.
Which WAS received.
The same Committee, to whom was referred
this evening the certificate of the Street Com
missioner Of the work of regulating grading
| and curbiag Maple avenue, from Grove street
to Garden street, reported the same correct,
and in favor of paying the contractor
81. .05 less previous payments.
| Which was received.
The same Committee, to whom was refer
red July q, 1868, the certificate of the Street
| Commissioner, of the work of tagging the
sidewalks of Marshall street, from Third
street to High street, reported the same cor
rect, and in favor Of paying the contractor
So, 114.94, less previous payments.
Which was received.
Il The same Committee to whom WAS referred
/ August 4, 1868, the petition of j. B. Morton,
for permission to construct vault under the
sidewalk in front of his property, corner of
Broad street and Mill lane, reported in favor
of granting the prayer Of the petitioner.
Which was received,
The same Committee, to whom was refer
rcd August /, 1869, the petition of jeremiah
Cummings and others, asking that Geneva
street, from Elizabeth avenue to Second ave-
nue., be graded, eurbed and guttered, report
ed in favor Of granting the prayer of the pc
titioners
Which was received.
The Committed on Sewers and Drainage, to
whom was referred this evening the certif-
cafe OF The Street Commissioner Of the work
of constructing sewer in William stceet,
from Madison avenue 20 Catharlne street, re-
ported the same correct, and in favor OF pay
ing the contractor S2,098.32, less previous
/ payments, upon the said contractor giving
bonds 10 the city to keep the same in repair
for period OF twelve months from The com
pletiou thereof
Which was received. -+5s ...!-.,r.,-
The Committee on Lamps, Gas and Water,
to whom was referred to petition OF Charles
Rommell and others, asking that the paving
of Catharine street be postponed until the
water pipes are land in said street, reported
I that as there is no probability that the water
pipes viii be laid in said street for several
years, and that the street isin q very bad con-
dition in each autumn and spring, they do not
think it wise to postpone the pavement, aud