New-York tribune., 1873-05-24
A MASKED LOBBY.
orpppr IMPROVEMENT PLOTS.


tho proper authorities authorized to prepare maps
showing existing and proposed street improvements
below fifty -afthst and the maps
when filed after duo process were to become tno sa
dards for such improvements and streets hoS aPpoh
on the maps TO be regarded as closed Ing maps
were duly filed. and certain old streets or parts vi
did not appear on them and were therefore pracucay
closed. Examples OF this are tho BloominSu"no
Road from Eighty TO one-hundred-anu-
thirdst., and from ne-hundred-and-eghth-st'
to Observation-Disclosures; also NUMBER oi
lanes above One-hundred-and-nfth-st. IL e'l'
dent that the closing OF such streets, though OK
pedent for the city at LARGE might greatly inJure 10"
propertyowner and that they should be compensated
for their loss. house STOOD for example In the DocK
bounded by Ninety-nnth and one-hundredth-sts' and
the Boulevard, and BOomingdale Road. 1t had no
means OF access either TO the Boulevard or TO Ninety
ninth or One-hundredth-sts, and the only remaining
boundary street, the Bloomingdao Road was closed
from Eightysxth 10 Onehundred-and-thrdst,w whereby
the property was greatly damaged and ts owner should
be compensated.
bill has, accordingly, been introduced into the Leg
islature by Mr. Hemann. IL Is understood to have en-
anated from Mr.. Dovlin. real estate lawyer having
many clients in the upper part OF the city, but pro
fesses 10 meet such cases. 1t ia No. 32 and s entitled
act TO authorize Board OF Assessors to ascertain
and fix the damages for closing streets and ROADS IN tue
City Of NewYork, and making provision Tor the pay
ment Of the same" Its preamble sets forth tho neeo OF
the bill and it then launches forth adventurously thus
SECTION It shall be lawful for, and the duty or the
Roord Of AssessOrs OF the City OF NewYOrk upon the
written application OF the owner OF any LaDd Ou9ngs,
structures thereon damaged Dy tne closnE VI e1 ~
street. road or avenue, by under or IN t "
chapter Of the laws OF 1851 TO examine lntO te
ters concerning the same, and to mako just ana equ
able estimate of such damages ana ~rIttSn a"pd d
thereof specifying the amount OF damages so uone a
the name OF the owner OF the land building or 0ther
structure so damaged, and the said Board sha Wluh
ten days after its completion ME sucn aWaru IN Iii thG
be debt against the said Mayor Aldermen aud Com
monalty OF the City OF NewYOr, and be paid by the
Controller thereof within -FOUR months from the s Va
SEC IL shall be Lawful for the said Controller to bor
row from time TO time, by the issue OF bonds OF
the Mayor, Aldermen, and Commonaly Oh ON, tno
City OF New-York, bearing such rate OF l@htel. inter
per cent per annum such sums OF may be re-
qured for the payment OF such awards ana te
shall raise by taxation, from time to time such amounts
as may be necessary to pay the interest OF such Don9
and the principal thereof as the same respectively DC
SEC g. This act shall take effect Immediately.
This act is its own commentary. 1t authorizes the
Board Of Assessors make award Of damages which,
straghway without passing the courts or being In any
way publicly noticed. becomes debt against the city
and with the same assurance provides for the issue OF
bonds TO pay that debt. gentleman cOnversant with
the facts estimates that the passage OF this Dill Vouiu
involve the city to the extent Of s2,OOO,OoO
The other BILL No. 80, introduced by Mt Deering,
and s entitled An act 70 regulate the opening and I'm
provement OF the Streets avenues, roads, and pubic
places north of Ftynmthst., in the City OF New-IOrk,
and to reduce the several acts relating particularly
thereto into one act" With regard to the feasibility OF
such an act much may be said both Sides On the one
hand It is thought that the employment OF single com
mission would reduce the minuti9 and legal quloOles
attendant on street improvements; would AFFORD fach
ties for akng connected land hence less expensive and
more accurate surveys would afford opportunity or
more general and equitable system OF awards ana
assessments; and would cost the CITY much
less On the other hand, II cannot be
denied that the commta Of such immense interests to
single commission would DO attended with great risk
AT all events If such act is TO become law 1t should
be as lust and fauess possible, and should not Do
hurredly passed. The act in question Is very long,
covering 1t pages of the large bill forms. prominent
LAWYER OF this city gone IL carefully and made
a number of annotations, from which 1t appears that
the act is full OF flaws and should on that account
be thoroughly revised Two features Of the bill are
however too garng to be overlooked The first of these
Is involved in the following section
SEC 49, II shall and may be lawful for the said Com
misOners OF Estimate and Assessment to agree for and
in behalf Of the Mayor Aldermen, and COmmOnalty
with the essees parties and persons entitled unto, or
premises that may be required for any OF the purposes
aforesaid with any oreither OF such owners or parties
interested therein, for and about the cessOn OF the
lands enements hereditaments required OF hn her or
herein before stated in the section Of this act that the
adjacent lands premises or heredtaments OF the said
pares or persons so Interested as aforesaid shall
be for any OF the said purposes condition
the said parties or persons so interested give l
ana clear title 10 the said premises TO the said Mayor
Aldermen and COmmonay of the said city for the said
purposes aud release TO them all and every claim Tor
damage compensation recompense thereof by
the lands premises being used OF devoted to
the purpose Of sHch street or avenue; Provided,
however, that no such agreement shall be made
unless within 60 from the date Of the appointment
OF the said Commissioners, the said parties or per-
sons so interested aforesaid give notice TO the
said Commissioners of their desire 10 make such agree
ment whereupon sald Commissioners shall. with all
reasonable dispatch prepare execute, and deliver,
without charge the said agreement 10 the parties re-
spectyey, who have given notice or their intention
agreement shall be made executed to any party or
parties or persons so interested as aforesaid
unless agreement or agreements sufficient 70 cover
all the lands premises and heredtaments required for
the purposes OF such street or avenue between the ave
streets the may be- on each side thereof
be made and executed as 10 all the parties or persons
owning the between the said avenues or street
the may be- for the space Of one block On the
making aud delivery OF the agreements herein provided
for such street or avenue shall be deemed duly opened
for such space may be agreed for as herein provided
the said space OF portion Of said street or
avenue had been duly taken by the proceedings now
regulated by this act.
To tho PROVISIONS Of this section there several
strong objections In the first place. 1t would seem to
place action out OF the reach Of the court II that tribunal
should desire to correct IT, The Commission may not
make It's report to the court for year more, but
tce for the action In question must be given the Com
missioners within sixty days, whereupon the Commis-
soners with all reasonable dispatch" must execute
the agreement, on the making apd9siyery" Of which
such street Or avenue shall be deemed duly opsned the
same as the said space portion OF such street
avenue had been duly taken by the proceedings now
regulated by this act" The matter in other words Is
not be submitted to the court at all the final power is
" be left with tho Commissioners the delivery OF the
agreement which must DO made ut once Is to open the
street.
that the arrangement In question IL only TO be made
with those who, within limited tme apply for such an
arrangement The unthnkng property holder in other
words does not get the advantage but he who having
good lawyer, has the matter suggested to him, and
acts accordingly III arrangement Of the kind Is ever
desirable IL would seem that it should be made optional