Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-12-19

Claims for Alleged Damages to Prop
erty by street improvements.

Claims for Alleged Damages to Prop
erty by street improvements
THE DISTRICT COMMISSIONERS DO NOT THINK
ANY FURTHER LEGISLATION IS NEEDED TO
SECURE PAYMENT OF ANY JUST DEMANDS OF
THIS CHARACTER.
For several years past efforts have been made
by certain claim agents and others of this city
to procure the passage OF a law for the adjust
ment OF claims for damages to real estate by
reason of public improvements, &c, but thus
far they have only partially succeeded in OPEN
ing the door to millions Of such claims.
In November last the Commissioners re-
ceived communication from Mr. f. w. Whit
aker, who has become interested in this large
class of claims, which he terms "meritoriOus,"
and he earnestly solicits, on behalf Of five hum
dred taxpayers, that the Commissioners will
refer to these in the annual report to the presi-
dent of the board, and suggest the much-needed
legislation to provide for the early settlement of
Them,
He says: "These claims have never had their
day in court, and include about One-half of
those caused by the late comprehensive plan Of
of public works i'm 1871 and completed by the
Commissioners in 1877. The board of audit
had Jurisdiction only OF those claims that arose
prior to June 20, 1874, and settled by certificate
in amount about $500, 900 of them designated
"That board was abolished by act of Congress
in March, 1875, and 1t never had authority To
consider or settle claims caused by public I'M
provements made subsequent to June 20. 1874;
slider large portion of those claims
over which it had Jurisdiction, as
its incomplete records amply. prove.
During 1876 and each subsequent session
Congress has been appealed to for legislation
providing for an equitable adjustment of the
balance of these claims. Numerous general and
special bills have been Introduced For want
of intelligent concert of action on the part Of
the scattered and unOrganized claimants, and
the further fact that to their losses i'll damages
has been added their further impOyershment
through erroneous special improvement taxes
levied on their specially damaged property for
alleged special benefits, none of the general
measures for relief have passed both houses of
Congress. One special act for the relief of the
Carroll heirs, involving what is desired and
establishing precedent passed both houses of
Congress last session and received the approval
OF the President. Every Board of Commission
OF the President to these outstanding claims, as
meritorious and needing legislation, in their
annual reports, &c"
REPLY OF THE COMMISSIONERS.
To-day the Commissioners replied to this
communication as follows:
AZ. ". Whitaker, Esq-Sr: In answer to your
memorial cal'ing attention to numerous claims
against the D,s.r.-t because OF grading streets
in past years, am instructed to say that. as the
commissioners understand 1t. they all are based
upon the fact that such grading brought the
streets in some places below, in others above,
the surface of the adjacent lots. The incOnve
nience this has caused the lOt-OwnerS cOnSti-
tutes the damage injury for which claims
are made. Neither the state courts nor United
states courts have recognized in such cases
any legal or equitable ground for allowing dam
ages. They hold that every owner holds his lot
subject to the municipal right to grade and i'm
prove the streets, and il the work be done in
skillful manner no damages are allowable.
The Improvements in Washington were made
in compliance with general demand therefor
by the people, and the Commissioners are now
urged TO continue them in all directions
They enhance the value OF property. promote
the beauty of the city and the comfort of the
citizens HAD the law allowed damages for all
possible Inconvenience the authorities would
doubtless have eXactcd waiver OF all claims
condition to making the improvements,
else if these claims were lawful tine improve
ments would have been vastly more expensive
and a larger part OF them could not have been
made.
The claimants now estimate their damages
amounting to some millions. and If they are
allowed out OF the District revenues further i'm
prOvements must be stopped for some years.
This would be not only serious detriment to
the prosperity OF the city, but unjust to those
who have paid I'd Xes and are yet denied the adj
vantage of these improvements in front OF their
premises. Indeed, The universal and urgent
demand for these improvements shows that
they are not considered as damaging, but quite
the contrary. However that may be. the debt
OF the District is SD large, the necessities for the
miSsiOnerS cannot recommend retrospective
legislation creating claims that no court OF law
or equity have hitherto allowed. In all cases
where damages were of such character that any
court would rccogniZ. them, suits have doubt
less been brought in the District courts-always
open TO claimants.
You say the board of audit allowed such
claims. The Commissioners are not aware of
any law requiring them to do SO, or to audit
damages not legal, but have heard that the
board did allow them, and that Congress, being
advised OF il, promptly abolished the board.
You urge that Congress allowed the Carroll
heirs to sue in the Court OF Claims. The Com
misSoners are advised that the law allows that
court To give no damages except such as the
law recognizes and such as the ordinary courts
OF the District will give clients In short
no one with claim that any court of law or
equity will recognize needs any legislation. To
create others anew out of past lawful transac-
tionS would, in the opinion of the Commits
siOners, tor the reasons aforesaid, be unjust, and
they cannot comply with your request to urge
them upon Congress