Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-07-16

sncc ia snid xrt - ths so<4stxuetsco Il
tbs stone saiis- Ntlkhsf A. fhs tisi~
nos Ia the aef Itself DO ! mod sns Ia
til4asioa that zny p<xspn "a am costus
afioE, other than th't city - satberlxed
- <xpeesed 10 s1sLi the Sali aatil the
ske.s condemnation pTocxsshngs have
been coua pleted. The no8ef collected -
pay the awards and IA the treasury for
that purpes-. after the Hue has h that
lss been tEiee permanently nxed
section :, page iaj, and second BY
section IL p>9s lhah
Whss ~Lss~s'' Me~a~
II 10 true that mxny times IN title and
enactment reference - nsade 10 perina
neat hne or lines. and Il 10 true that
wkeaeyer the ~ all - spoken Il in that
connection these worsis are useJ. The
city shall have the right Ia cause Ia BE-
constructed. ETC." tut prefer 10 give
skese terms a reasonable. rather than a
ssasst~r and misleading interpretation,
and % | accept the definition gwen in
section :. that the legislature liked the
permanent dock lines when Il said Ia
seetion = such dock. safety. sanitary
AMI building lines are hereby perua-
gently established and fixed and also
10 section Is. where II says: whenever
the amount IL such compensation - ia
The treasury. the dock. safety. sanitary
and buslding lines established under
cod by virtue d sneh proceedings that
ss. The condemnation pfoceedingsi shall
Leeoms permanently fixed These
permanent lines being fixed twice IN the
same act. befor. anyone Is required 10
buiii wallis. [ cannot consistently in
terprct permanent lines o. mean
walls Of masonry. 1 shall. rather.
IN this case. interpret that language
a. mean Just what IL would seem 10
mean. that when authority was given 10
the city ~ cause walls IA ne built. 1t
means that the city Is at liberty 10 butld
walls. and let the contract. at Its own
expense. aud cannot by any stretch Of
imagination make II appear Ia mean
that the legislature intended to authorize
the city 10 cause walls to be built at the
expense Of come private person or per
sons. No such Interpretation can rea-
~onabiy be given a. any expression mp
a. the time subsequent Ia the conclusion
81 the condemnation proceedings. preyi-
Gus 10 which the on ner has had no
notice that he was expected 10 build
such wall. and the jury in the condemna-
ton proceedings have had no hint that
they were 90 allow just compensation 10
him for building such wslls. without re
ference 10 benefits or injuries; no mat
ter What the condition. he must build
~all u any height. thickness or slope
determined by the board Of public
works and pay for IL himself.
Jury Awards.
will now procs ed IN discover, II
can. what the legislature has authorized
the city 90 condemn and what awards
the jury can make aud for what pur
pose-
First The legislature tsection onel
declares the permanent establishment
u dock. safety. sanitary and build
ing lines a public necessity. Section
two permanently establishes them and
describes them and provides that before
anything IN this section or IN this act
contained shall deprive the owner or
owners Of rights. estates or lands Dor.
dering on the waters Of said Grand
river from building out beyond
the lines IN this section estab.
lished or In this act provided 10
be- established. il shall be the duty
of said city aud IL Is authorized To pro
cure and obtain from every such owner
the rights. estates or lands 10 be affect
ell by the establishment and maInten-
ance 81 such permanent line or lines 10y
purchase or written release. or by con
demnation proceedings. a. hereinafter
provided. or otherwise the indefeasible
right To the city 81 maintain such line
or lines permanently. together with the
right fo cause 10 be constructed suita
BILE stone walls. etc" How easy, at this
point. IL would have been 10 have added
the words. by the owners II the ada
cent property" il the intention had
been 20 fairly give them or the legisla
ture notice ~ such intention.
Section Z is as follows: "For the pur-
pose NJ obtaining such rights 10y and on
the part - the city. and for the pur-
pose ~ depriving riparian owners. etc.
% rights. estates or land. and all rights
and privileges which they NAV have to
avail themselves ~ any advantage. priv
lsgr or right To build out into the river
beyond such permanent dock. etc. lines
hereinafter established. or to all that
portion ~ such lines situated between
the north line - said city and the north
line q said Fulton street bridge. the
said city shall institute proceedings IN
the superior court for the purpose Of
taking such private property not Tor
building walls for the use aud benefit
Il the public. within constitutional
lirnits.r
Section describes how the proceed
ings shall commence TO carry out the
objects Il TINS act IA regard To mot
building walls. but taking private
property. describing IL "a near as
may b., Zoe such public improve.
ment. There -. IN all ~ the
proceedings. no description whatever 81
any wall. Section four also states "and
that such improvement is for the use
and benefit Of the public and not the
individual
section ) gives directions ~ 20 how
- proceed. and a the petition for con
demnstion proceedings SAYS. 1T shall
state. among other things. that II l. the
commencement n judicial proceedings
~ ssid city IN pursuance - this act. to
acquire the right "a take private prop.
erty FOR tho use % the public, without
the consent ~ the owner. for a public
improvement. designating N. for inst
compensation 10 10 made Tor it. See
page -. And N the whole condemns
ton proceedings. ] again repeat. there
- no description q stone wall. nor
referenoe 10 ~. building ~ one. II
must 10 remembered that whatever ls
taken b. these proceedings must b. Tor
sonie public u<e. snd = taken from pFi
vste persons section three. page l35.
-For the purpose n dspfiving the
riparian owner and other owners q
rights. estates oF lads q all rights ~
privileges which they may have. etc.
a