Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-12-06

IL,
to prepare amended plans to the permanent
system of highways for any part of the
District outside of Washington; Provided,
That under the authority hereby conferred
no changes shall be made in parts of high
ways which at the time the changes are
being considered shall have been dedicated
or acquired under the highway act, nor in
parts OF highways lying wholly within then
after being duly certified by said Commits
sioners, shall be forwarded to the commits
sion composed of the Secretary Of War,
the Secretary Of the Interior and the chief
with the written opinions of the owners or
agents of the land directly affected, and of
the citizens association for the territory
within which the changes lie. and having
been approved by said commission they
snail be recorded in the office of the sur
Veyor OF the District of Columbia. and
when so recorded they shall take the place
OF the plans previously adopted for the
same territory and shall become q part
OF the permanent system of highways
sec. g. Whenever under sections 6 or Z
OF SAID act proceedings for the condemna-
tlon OF any land shall have been begun
ny the ming or an application by the Com
mlssio1ers of the District of Columbia as
therein provided all proceedings for the
coicctlon OF any taxes or special assess
nents thereafter levied upon such tract
snaI De suspended until the termination
OF SUCH condemnation proceedings and un-
III the question whether the land shall be
taken for public use shall be determined,
as provided In said act and it's amend
ments: Provided, That this section shall
apply only to cases in which it is sought
70 condemn at least one-haif of the tract;
that II the land is not finally taken such
taxes or assessments shall be paid with
out any additional interest or penalty
aCcruing through such suspension and that
II the land shall be so taken they shall be
proportionately Cancelled in amount pro-
portlonate to the relative amount Of the
tract taken.
Sec. I. That section Is of said highway
act be, and the same is hereby, repealed.
Board of Assessors.
Sec. 8. That whenever. in pursuance of
the provisions of section of said act of
Congress, approved March 2 1893, the
total amount of damages TO be awarded in
respect of existing subdivisions included in
any map filed under the provisions of sec
ton two of said act shall have been ascer-
tained and final judgment entered thereon
for the payment of the same and pro-
vision for the payment thereof made by
congress, the Supreme Court of the Dis
trict Of Columbia, holding special term
as district court of the United States,
upon application of the Commissioners of
the District of Columbia, shall appoint
board of assessors, composed of five
disinterested men not related to any per-
son interested in the proceedings and not
In the service or employment Of the United
States or the District of Columbia, and
shall administer to such board of assessors
an oath or affirmation that they will, with
out favor or partiality to any one. to the
best Of their judgment make the assess
rnent iiereinbelow provided for.
Such board of assessors, within ninety
days after their appointment, shall make,
sign and file in said court assessment
upon et.ch parcel of land included in such
map Excluding land owned by the United
States. or the District of Columbia, and
the Soldiers Home property in such sum
as said board shall find it to be specially
benefited by the establishment of the high
ways CT parts of highways laid down on
such map and so condemned, excluding
any prospective benefits that may be ex-
pected to result from the subsequent open
ing or improvement of such highways or
parts OF highways or any of them
When any such assessment shall have
been filed said court shall forthwith cause
public notice to be given for thirty days
in at least two newspapers of general cir,
culation published in the District of ColIm-
bia, that on day to be fixed therein 1t
will hear objections to such assessment.
Such notice shall designate the map COW
cred by the assessment and the aggregate
amount of all the assessments, and shall
warn all persons interested 20 appear in
said court on or before the lay fixed 10y
such notice.
All objections to the assessment, whether
made by land owners or by the Commits
sioners of the District of Columbia, shall
be filed in writing on or before The day
fixed by such notice, and shall specify the
parcel or parcels of land in reference to
which the objections are made. and shall
state specifically what the objections are.
The court shall then proceed 10 hear
and determine all objections in a summary
way; but the court shall not review the
action of the board of assessors in re-
gard to the extent Of the benefits in shy
case unless satisfied that the board has pro-
Ceeded under some manifest mistake as to
the law or the principles upon which the
assessment should be made. The court
shall direct the board Of assessors to make
such changes in the assessment as 1t may
deem necessary to make the same conform
to law, and to that end it may, if it sees
mt, remand the assessment back to the
board of assessors for alteration or for
the making Of a new assessment within
such short period the court shall pre-
scribe. and in that case the court shall
continue the case to day certain from
time to time to the end that all parties
In interest may continue in court until the
proceedings are terminated.
When the court is satisfied with the as
sessment as made. it shall enter a decree
confirming the came. From such decree
any party aggrived may, within ten days
thereafter. appeal to the Court of Appeals
of the District Of Columbia Said Court of
Appeals on such appeal shall consider only
questions of law, and its decision shall be
final. Proceedings under this act shall
have precedence over all other cases ex-
cept criminal cases.
When confirmed by the court, the assess
ment so made shall be a lien upon the land
assessed. and shall be collected as special
Improvement taxes in the District Of Co.
lumbia have been collected since February
y. 1871, and shall be payable in ten equal
annual instailments, with interest at the
rate of per centum per anrum from the
date of the confirmation Of the assessment
by the court.
Each member of the board of assessors
shall be entitled to compensation at the
rate of s. per day for each day Of actual
service. Said court in special term, upon
good ard satisfactory cause shown to it,
may extend, for not exceeding sixty days,
the time for filing any assessment beyond
the term of ninety days.
No assessment under this act shall fail
by reason Of the death or disability of any
member of the board of assessors occur
ring during the proceedings, but in that
CO Sc the remaining members of the board
shall proceed with the assessment: Pro-
yided that no assessment shall be valid
unless concurred in by at least three mem
bers of the board.
Assessment of Damages.
Sec. G. That whenever in pursuance of the
provisions of section of said highway
act the total amount of damages awarded
in respect to any highway or parts of
Highways included in any map filed under
ection . of this act have been ascertained