The record-union., 1896-07-11
THE ROAD TO Be OPENED.
That Which is to Cross the Harvey
Ranch.
The Supervisors Decline to Allow
Damages Beyond the Sum
of $3.50.

The proposed new road over the Har-
Fey fanch, near Gait, was the chief
topic OF discussion before the Board of
supervisors yesterday. Mr.. Harvey is
the non-consenting land owner interest
ed In the matter. That is, he has
claimed the road would not only be OF
no benefit to him, but positive in
jury, as it would divide his land. He
mas not objected to the road being
opened, but if it was he would expect
to be paid for the damage it would do
to his property, and originally placed
the sum at $1,000
The viewers reported in favor of al
lowing Mr.. Harvey $3.50, but when the
matter was before the Supervisors some
time ago definite action was deferred
until Mr.. Harvey could be heard on the
subject.
Yesterday he appeared before the
board, accompanied by Attorney r. T..
Devlin The latter addressed the board
on behalf of Mr.. Harvey and said that
rather than have it said that he was not
disposed to be liberal in the matter he
would accept $1,000 for the damage
the cutting up of his land would entail.
But if the road were laid out it would
be necessary to construct a bridge over
a swale that afforded a natural drain
age for the land.
Chairman Morrison said the board
would attend to that matter-that Mr.
Harvey had nothing to fear. The county
cannot interfere with or obstruct a nat
ural drainage course.
Mr.. Harvey then explained that the
course of the road, as laid out, would
not be straight. He would as soon give
sixty-six feet in width as forty, and
would ask no more damages therefor.
Mr.. Devlin said that if Mr.. Harvey
wanted to cut up his land to sell it,
that would be one thing, but as 1t is he
preferred to keep it in one piece. Any
expert would allow him several thou
sand dollars damages for putting the
proposed road through the land. But
he only asked for consequential dam
ages for the cutting of his land in two.
1t was not an acreage proposition-the
mere value of the land taken cut no fig
ure. The State can condemn land for
public use but allows damages 1t
is not a fair proposition TO say to a man,
Il want one acre Of your land and will
pay you it's value. Would it be fair to
take a certain number of acres out of
the middle of Mr.. Harvey's land and
pay him S35 an acre for it? It would
be the duty of the public to make him
whole for consequential damages"
Mr.. Harvey doesn't want the road,
said Mr.. Devlin, but if the people out
there and the Supervisors demand it,
it would only be right to compensate
him for damages. He is willing TO con-
cede much for the public benefit, but
if not allowed reasonable compensa-
tion for the injury to his property he
will have to go to the courts for it.
This would entail expense on the county,
for any fair jury would give him much
more than he is willing to accept.
There are already roads over the prop
erty, used by the public, but probably
a county road would be preferable.
Supervisor Jenkins said the people
were tired of opening gates. The era of
gate-opening had passed. If a man is
lucky enough to own a large tract Of
land, is it right for him to inconven-
ience the public?
Mr. Devlin conceded that the road is
needed, but all that Mr.. Harvey asked
was fair treatment. he burden should
not be borne by him, but by everyone.
He comedies much, because he desired
the good will of his neighbors. But he
should have a fair compensation for his
loss, and if he cannot get it he must
rely on the courts.
Mr. Harvey told the Supervisors that
he and his father before him, had given
much land for roads. He was willing to
always act generously with the county
in such matters. The $500 allowed him
by the viewers was not fair. The fenc-
ing required would cost nearly or quite
that sum, and he would have another
line of fence to keep in repair.
Chairman Morrison thought the pro-
posed road would be benefit to Mr.
Harvey, instead of a damage.
After some further discussion the
board declined to increase the sum
recommended by the viewers and
adopted the report. Supervisor jenkins
was instructed to confer with the Dis
trict Attorney in the matter of having
the road opened.