The New York herald., 1877-12-01
NONE ALLOWED
Application to Have the Report Recon-
mitted for Further Proof

from the time OF the passage OF the hrst act up TO
June last, when such act was repealed, they had
been compelled TO hold on to their property and
meantime, not being able TO sell when real estate
commanded large prices were now heavy losers on
account OF shrinkags IN real estate values For the
purpose OF legal investigation into tho validity OF
these claims and awarding damages II it was decided
that the property were entitled to such dam-
ages tho Supreme Court some time since appointed
ex-Mayor Wickham. william q. Traphagen and Ber-
nard Smytbe commissioners to Investigate the
natter The commissioners having finally con-
cluded their investigation and mado out their
report Corporation Counsel Whitney yesterday
submitted It 10 Judge Lawrence In Supreme
Court, Chambers Tor confirmation Aessrs.
Graiz Nathan, John G. Shaw, William A. Deerng,
Luke A. Lockwood and H. M Whitehead, representing
various property owners, objected to The con-
urmation OF the report aud insisted recommit-
rnent to the commissioners the ground that evi-
dence had not been given, ii was expected there
would be- on the question OF running streets and
avenues the act OF 1865 through the land
selected Tor this proposed parade ground. Mr.
Whitney said that he did wish TO place any obsia-
clio In tho way OF property owners obtaining their
rights and suggested his willingness to leave the mat
ter entirely IN the hands ol the Court
Judge Lawrence said that he would take the report,
aud II the counsel could not agree among themselves
the point controversy ne Wouiu give ao oIoer
IN the case Tho following is the report
REPORT OF THE CoMxIssIoSERs.
The PROVISIONS Of tho statute unQer which were
appointed Chapter 44i Of the Laws OF 1877, provide
that we shall estimate and determine the loss and
damage legal or equitable. ifany, winch the owners OF
property the parade ground suffered by reason of
F.yst-The laying out OF the parade ground under
yecond-rne proceedings heretofore taken pursuant
to said act
7hird-The repeal of said act.
Immediately upon our appointment we organized
and gave notice BY public advertisement
the chairman for TIN presentation OF claims
and for the hearing oi proofs and arguments which
claimants and The city might desire 10 present The
claims presented amounted to about ST. 900 900, and
In the investigation OF the matters involved we
have met and been attended by the counsel Tor the
claimants and the Corporation Counsel almost daily
for the aud onehal mooths allowed US under the
statute in order that might have the fullest hight
and decide the matters involved after the fullest
bearing OF all concerned.
PKooP OFFERED.
The main proof made by the claimants for the
purpose of showing the great depreciation IN this
property between The time when the map was aed IN
April, 1878, ana the date oil the repeal OF
The act, June, 1871, me theory OF the claimants
being that the ding OF the map which indicated that
Inc property would be taken by the public tied up
,he properly they unable sell 1t, aud
that but Tor the map they might have realized upon
lhe property at the nigh prices which ruled IN 1873.
Inc Corporation Counsel has SHOWN by tho decision
p thu Court oi Appeals t6O N. y, 320 thut the nng
OF the map did not affect nc title oil the property 1t
was stili owner, with iui power OF alienation
before Ho could sell. transfer or mortgage alter
the map ued Just as uelore. BAL the claimants
say that though tney had the legal power tho
hung Of the map damased the properly so IN
The market that thai they were unable to
sell Tney say In substance but Tor tho
hling OF the map We might have sold out
tho high prices OF 1879 and, therefore, the city
should make II up to ua We are agreed IN the view
that not at liberty to award damages under
thus statute upon any surmise oil our own as TO what
these persons might have done win Their properly,
Md, matter OF fact, that they wouu have
done something which they prevented from
dong by the nlng OF the mop. IL i not enough 10
might have SOLD and would have sold II tAey had been
wise and had loreseen the decline in prices which
was impending, but must nnd,
justify awarding damages, that tDey would have
sold, in iact, they had not been prevented By the
hing Of the map.
CAUSE ASD EFFECT.
This must be the relation OF and effect between
the mpained of and the damage claimed result
IRON Ia order 10 JUSTLY our nIding damages against
the city. We think there proof laid before OF
any OF prevention No property owner there has
stated before the acts necessary to justify such
finding by us. We cannot assume without proof that
the failure to sell by these property due
this rather than other Cause II tEey hold
Ing the property as an veslment II they expected
higher prices in the immediate iuture II they believed
inat tho taking OF this eighty sores out Of the market
aud establishing there parade ground Itself
likely increase the value OF the property in tue
ket, which increased vaualon the city would have 70
pay when IL finally took the properly IL they deemed
the city likely TO be liberal purchaser ana that they
were likely 10 realize more from the CITY than from
sale in the market-either one OF these things may
have influenced them not 10 desire TO sell, and
agreed in the opinion that We haW got to say that
O
order 10 Justify IN nndng that II was this which
prevented sale. We do not think that, matter
TACT, the ing Of the map any sucn olect is
claimed. Instead OF Its having Deen INJURY, We
think IL was u benefit TO the property owners. We
are aware tna u was considered ut the time by prop
erty owners great advantage 10 nave TINS
contemplated public Improvement, the parade
ground. located upon their property, aud
these property owners have for some years
resisted all efforts wipe this parade ground of from
tho map OF the city, showing their feelings as to
whether an advantage disadvantage to them.
improvements,
wnero AZ the time there was no beneficial use 10
which the owners could put their properly, was OF
immense advantage the properly owners
Judgment and was considered at the tine and the
Testimony before US shows that II had the effect TO
increase the value oil the property IN the market
ENHANCING TpE PROPERTY.
The proof shows that between OCTOBER 1872, when
this selection made OF this ground map
oi II reported to the Park Department. ana April,
1873, when The map ned nnally establishing its
locaton the properly both IN and around the parade
ground made RAPID rise IN tho market, ranging IN
individual cases from 30 TO l60 per OF
We that tnis increase represents the of
the property owners and OF the pubic as TO the effect
OF this location OF tho parade ground there upon the
value Of the properly, and slder tnst was a
Just view and thai tbe Dg OF the map increased the
value OF the property IA the market The ming OF the
map did doubtless prevent the Improvement OF tho
property by the owners, because. the law uocs not
allow compensation 10 be awarded when the properly
is saksn any improvements made aIcr the ung OF
the map; but the testimony Shows tnat at no time
since 1873 could improvements have been made on
this properly mt pront, and therefore tho
properly owners suffered damage by icing pre-.
vented from Improving We ,n,nk the city cannot
Justly be made responsible Tor the decline values
which has Ia ken place since 1873 on this properly ID
has been due which have Affected all prop
srty aud particularly ubmproved real estate. Tue
testimony IS that tnis ana all similar properly has
declined sevcnty-dve per cent since 1873, the
decline IN property has boon the that
IA the case OF all other similar properly No damage
was ca i'm ed before have been caused by the
pcnl OF tne aci nc contrary, the testimony Of tho
severaf experts examined was 10 the effect that no
anee TOOK place la market value OF the
nd the time OF the repeal winch negatved, therefore,
Tie idea that had any effect TO cause damage 10 The
owners Of the property
NO DAMAoK THE REPgALIsG ACT
knd upon the theory put forward by tue claimants
sb ~ ths nling OF The map put a0 eDcunbranco upon
tie proDesty, which injury, II would seem 10
follow that removing the cncumbrance by the repeal
- ths act would have been benefit 10 them al all
n was nog claimed that the repeal resulted In
aarnaqc IL wns claimed yuat damage was caused to
Ihs property by reason OF the provision 70 the act o.
IAN vhsch provided that all tho streets intefsecDg
fhe parade ground should be from The time the map
Is ed forever closed And testimony was given as 70
she dnmaas wn fcn would DO accustomed 10 property by
iskfng away its frontage streets and by deprvng