Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-12-29
THE POST OFFICE SITE.
The Instructions to the mmissioners to
Condemnation of the Land.

In the Court in General Term this morning.
Judges Hagner, Cox and James on the bench, the
latter rendered the opinion Of the court in Civ
ing instructions to the commissioners-Messrs.
1T. Lehman, John A. Hamilton and W. 8.
Thompson-to appraise the property in square
3ls Obetween c, d, 18th and 18th streets for
the site of the city post Office
Judge James said that the fifth amendment
10 the Constitution provided that in the taking
osprivste property for apublic use the eompeu-
sation should be fixed by valuers who stood i'm
partial and Just, who should ascertain the
value by full inquiry. 1t had been suggested
that the property could only be taken through
n common law Jury. This was. however not a
the parties. but il was the exercise of sOyer-
eighty; the assertion Of a paramount right; and
the commissioners were not limited to the ordi-
nary judicial inquiry, but to full. impartial
inqairy. and thew should enter upon their duty
with full knowledge that their proceedings
legitimate. and not a. To mere litigation
After discussing the various questions, ex-
planning the grounds of the conclusion, the
court read the instructions. rs follows:
THE COURTS INSTRUCTIONS.
I. The lots contained in square 1913 are TO be
appraised as several properties, but il the same
party owns several contiguous parcels the COM
missioners may make an aggregate award Gov
erins the value Of such interests.
z. The government is To pay the fair market
value of the property with reference to the
more advantageous use to which it can be put
by private persons corporations
8. IL there are several interests, as estates for
life and remainder or leasehold and reversion in
one parcel. the proper course is to ascertain
the entire compensation to be paid for the fee
simple not divided into successive interests and
tion the same among the different parties in
interest by deducting thsretrom the market
value of such life estate or leasehold.
4. The market value of lease is the present
value in money Of the remainder of the term;
that is. what IL would be worth (above the OBJ
legations of the lease) to an assignee or pur-
chaser. who willing and able to assume
ard perform all the obligations of the lease.
,. When an unexpired term of a lease is
found by tie commissioners to be of value
they will first Tx and ascertain the amount of
such value in sum and then state the
amount that such sum is to be reduced per
month until the actual taking of the property
by the United States. and If such lease expires
before such occupation then the tenant shall
not be entitled to anything and the amount of
such reduction in the one case and of the total
disallowance in the other shall be payable to
the owner of the fee.
6. While it is proper to show how the prop
erty Is used. az evidence OF the uses to which ii
is adaptable. it is incompetent to go into the
profits of the business carried on upon the
property.
.. No damages can be allowed for injury to
business arising from a removal or for the
expenses of moving.
8. No damages can be allowed for loss in the
value of fixtures arising from removal thereof.
3. No compensation can be allowed tenants
whose only interest in the property is a tenancy
at will or by sufferance
10. The commissioners are authorized in es-
timating the value of the Globe Theater build
ing on original lot 10. square 323. to include
and value as part thereof the scenery, drop
curtains. asbestos curtain. orchestra chairs
heating furnaces, electric lighting apparatus.
plumbing and gas fixtures, stag boxes gal
lery and other fittings belonging to said build
ing and not placed there and belonging to any
lessee thereof.
IL. The 10-foot alley not appearing upon the
original plan Of the square. but being laid out
and taken from several of the lots originally
laid out, the fee of the same was not con-
demned nor dedicated to public use. and only
an easement for an alley way taken. The
commissioners will therefore appraise the
present market value of each parcel of land
originally contributed subject to the perpetual
easement for the alley: the same to be paid if
found to have market value to the persons
shown to be the owners of such contributed
parcels respectively
THEY MAY TAKE TESTIMONY.
They are further instructed that they NAV
hear the parties at interest and take testimony;
that the petitioner. Secretary Window, repre-
senting the government will first be given CD
portunity ~ offer evidence; that they shall d
their days and hours of meeting, &c.