Springfield daily republic. [volume] (Springfield, O. [Ohio]) 1887-1888, 1888-05-24
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The CANAL COMMISSION.
up q Hornets Nest-Sufts to be Insr,-
tuted Against Property Owners Along
~

up q Hornets Nest-Suits to be Instf
tuted Against Property Owners Along
the Canal.
COLUMBUS. May A.-Indications are that
the Canal Commissioners will, at no late
date, stir upa hornets nest both in the
country and the cities of the State. At
first it was supposed that the duties of the
commission would be more of an orna-
mental than useful nature, but as the in
vestigatiOn progresses a wonderful sight of
work looms up which will not only lead TO
legal complications but in some instances
work hardships. According to the original
law the canal Is entitled to forty feet of
water surface with towpath and BERN
bank with One-and-a-half foot slope, which
would make in all about eighty feet in
width. In almost all of the cities of the
State parties have encroached upon the
BERN banks to the waters edge, and in
some instances they have erected buildings
projecting over the canal. Buildings from
two to five stories have been thus con-
structed on the State property, from twen-
ty up to as high as eighty feet This prop
erty has become immensely valuable in
cities, in some instances being estimated as
high as $500 per front foot. The law pro-
vides that where the commission finds this
to be the case, that an equitable value shall
be placed on the property and the person
using the same shall pay a rental equal to
six per cent. on the appraised value
But the worst case is in Newark. In that
place some parties in years gone by have
deliberately filled up q portion of basin
and erected thereon several three-story
buildings. How many times this property
has changed hands cannot be surmised but
certain it is that the party or parties con-
,tructing the buildings were certainly aware
that the title to the real estate was not vested
in themselves. but for the sake of making
q large amount of money they took haZ-
ardous risk of securing it at some future
time from the State.
The country people are also to come in
for a share Of dancing to the music for
assuming possession of State lands In
many places where the canals made a
detour around the base of hills no effort
was made to make BERN bank, so the
water spread over the lands to the base of
the Hill, which made it canal lands. &C.
cording to the general construction of the
law. In some instances the farmers own
ing adjacent property have made small fills
and in others railroad companies have
made fills, thus reclsiming and making
tillable from one to fifteen acres. This
land the thrifty farmer, who owned ada
cent property, was quick to swoop down
upon, and by extending a few fences they
become possessed OF some OF the most val
liable and tillable lands in the State.
However, possession does not give the
alleged owner any title to the property for
twenty-one years. does not hold good either
agaist the state or the United States. The
law creating the State Canal Commission
ers makes it their duty to hunt up Just
such cases as these and make them pay.
When the people who have been in pos
session of state property for from ten to
forty years are called upon to pay a reason
able per cent. on the appraised value there
will be wonderful howl go up. and the
sum thus realized will net many thousands
at is hard but it's honest" will be the
general verdict, especially in the counties
where the people have for many years been
paying into the treasury good money to
sustain the canals.