Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-12-20

.
approval all owners Of land within the
territory embraced in IL shall have an
opportunity to be heard before the Com
to tAat effect
-. Collection of all taxes ami special
! assessments levied on land involved IN
condemnation proceedings after those pro-
ceedinSs have been begun by filing a pcti-
ton for condemnation to bc sus9end,i
until the termination of the proceedings.
IL the land is not taken the taxes 10 be
paid but without interest or penalty az
cruing during the interval. II the land
| be taken the taxes To d. CanCe.tl alto
Scther If the whole Of a Ioi bc taken. and
| 10 be Cancelled pronortionatcly ii but a
| part of IL be condemned.
3. Section - TO be repealed altogether,
this being the section winch imposes uyon
the District the entire cost OF the con-
formations. and which to condemnation
proceedings within existing subdivisions
as wei! as outside or them provides Tor an
assessment upon properly benefited OF one
half OF the total damages
u. A new section 10 b. added relating 10
| the assessment Of benefits in proceedings
| Under section Il 81 the original act for me
condemnation OF land in subdIN isious exist
| ing al the time OF the films OF any map.
| This assessment is TO be for actual benefits
tnlS and al parties in interest should be
/ EeaEI before ii IS confirmed. Id should not
| Toe made for each Subdivision sr,arat,,lN
! bat after all the subdivisions in any such
/ map have been acted upon and proVisiJ On
1 .ldst 4ot Alt payment OF the awards.
Board OF assessors should Ice appointed TO
! assess upon any lot OF land included in th,.
! map the benefits, If any. which the board
shall md TO have accrued from such con-
demEatlon in Subdivisions. These benefits
| should be confined to those which arise
| from the establishment OF the highways,
| excluding benefits that may be anticipated
| from the actual opening OF the street or
| from condemnation of other parts of the
same highway lying between subdivisions
| In making The assessments the board Of as
! SCISSORS should he required to give due
| credit to any parcel of land Part of which
| has been taken for any beneiits that may
| nave been deducted from the remainder Of
| The tract, so as to avoid a double assess
| ment on the same land
| .. The court shall he authorized in its
| discretion to have one jury sworn at the
| same time in respect of two or more sub
| DIVISIONS. the awards in each case to be
| filed separately
| % new section should be added pro-
| Nidlng for an assessment ia proceedings
| under section Z of the original act for tho
| condemnation of land outside of existing
| Subdivisions. This assessment to be made
by the same jury that determines the dam
| ages and to include at least one-half of the
| total award, and 1t may include more, up
| TO the fun lamount of the damages. IL the
| jury shall find property which is certainly
| benefited to that extent. II for any rea-
| son the assessment shall fail. the proceed
ing shall fail also. Proceedings for this
purpose to be instituted only when pro-
| vision is to be made for the immediate
| actual opening OF the street. and the bene-
fits are TO be deducted ANA the assessment
| made in that view. In calculating the one
half of the damages which is to be assess
ed, the amounts deducted for benefits
| should not he included. The assessment
| should be based upon the difference be-
| tween the fun value Of the land taken and
| other damages on the hand and the
! amount deducted for benefits on the other
| Express provision should he made for no.
tee to all persons whose land may be liza
BILE TO assessment so that they may have
| a hearing thereon before the assc Ssment
| becomes fixed upon their land.
| Nv hen the dedication of streets as laid
| down on the plan by any land owner will
| take an undue proportion of his holding
| h should have the right upon Offering
| 10 donate such reasonable proportion
to have condemnation proceedings insti-
| tuted for the remainder of the land requir-
ed, and to be paid therefor in fun value,
as ascertained by the jury. without any
| deduction for benefits. and without any
liability on the part of his tract TO an as
| SeSSment.
That part of the original act which pro-
| vides that awards shall be submitted 10
| ConSress for its approval to be repealed.
| and instead thereof provision TO be made
| for the immediate payment of awards
| when confirmed by the courts and approved
| by the President of the United States: such
| approval as to awards for land in existing
| subdivisions to be as a whole, and if the
| approval of the President shall be withheld
| for - daYs after the submission to him
| of a certified copy of the awards then the
| proceedings shall be abandoned, and the
| Owl ers of the land in the subdivision af-
| fected thereby shall have the same free use
| and enjoyment Of their land as though
| highways or parts of highways in the sub
| division condemned had not been laid
| down on the map.
| IS. One-half CT the amount awarded as
i damages for any tract of land condemned
| under the act or any amendment thereof
| TO be paid by the United States and the
| other half 10y the District.
| -. For the purpose of raising the money
| to pay the awards, when confirmed by the
| court and approved 10y the President an
| issue of District of Columbia bonds bearing
| 3 per cent interest TO be authorized to an
| amount not exceeding si.0W.aOO, such
| bonds, except as to the rate OF interest, TO
| be similar to the existing 1865 bonds: all
| collections from assessments under the act
| TO be applied to the creation Of a sinking
| fund for the redemption of the bonds
| Mr.. Mattingly signed the report with the
l following reservations:
| In signing this report | reserve the right
| to object 10 that portion of it which rec
| ommepds that one-half the damages in case
| of unsubdivded lands should be assessed
| against adjacent lands benefited. When
| the owners of such adjacent lands have
| donated similar highways, ! think ii un-
| just that they should be required to pay
| for condemning the lands of their neigh