Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-30
GENE RAJ BENEFITS
Possible Results in the Working Of the stree,
Extension Plans.
Some Changes I'm the Law Suggested
to Avoid ns:.tsce to Prop
erty Owners.

cision Of May. 1897. on the highway ex-
tension act.
Contrary to the decisions of our local
courts, and probably opposed TO the views
of the majority of our lawyers, the United
States Supreme Court has decided that
both general and special benefits may be
assessed by a jury in condemnation pro-
ceedings, to pay for damages. and that the
general benefits need not be confined to any
particular subdivision, or assessment dis
trict. IL the jury thinks proper. damages
In case of each highway opened or widened
may be charged against every lot in the
District of Columbia, however remote; al
though, of course. the nearest lots are sup
posed to be the most benefited.
As stated by Judge Cox in his interesting
opinion dated January ~ 1885, this bene-
Mt "diffuses itself In every direction until
1t fmperceptibly disappears. like the ripples
IN a stream caused by a stone thrown into
IT" In case Of the streets of Washington
however, these "ripples" NAV be said to
be perceptible all over the United States,
Icr our streets are used, enjoyed and ad-
mired by all the millions of citizens who
at one time or another are sure to visit
their capital city. So proud are they Of the
national city no objection would come from
them II a l the expense of opening the
streets were paid by the general govern
ment. instead of placing the entire burden
upon the taxpayers of the District of CO.
1893. "
The general government owns and con-
.rols the streets OF the city proper, and
there Is every reason for continuing the
ownership to the District line in conformi-
" with the plans of LEnfant, Ellicott ard
General Washington. The District taxpay-
ers alone are not able to improve these new
streets as BELTS the capital of the nation
The necessary taxation would amount TO
confiscation.
III the founders of our city had foreseen
us wonderful growth, the streets would
nave been laid out to the District line, and
the United States would have owned all
the streets or roads. 1t is a mere accident,
therefore, that the United States does not
sustain the same relation to the streets in
the county $50 caled) as within the city
proper The city has long since grown be-
yond the imaginary line at Florida avenue
mount Pleasant, Columbia Heights, LIE
Droit Park and other places formerly SUBJ
urban are now as much part of the city
as Rhode Island avenue. Why should the
entire plan of taxation be changed when
FLORIDA avenue is crossed? The United
states pays half the expenses of maintain
Ing street, yet Maple avenue (Which is
only an extension of street and now
called by the same name) is to be widened
entirely at the expense of District tax
payers. As more than one-half of the
property in Washington belongs to the
United States the reason for charging one
nalf OF the expenses to the general govern
ment Is apparent to all-even to most of
the citizens of darkest Missouri For mill
itary and other reasons the United States
should own and control all of the streets
and roads In the District of Columbia In
fact, there is growing sentiment in ia
vor OF the ownership and improvement by
the United States of all roads through
out the country.
In case Of land not fronting on any
street, or not having sufficient street or
road facilities it is not considered unrea-
sonable to deduct from the value of land
taken Tor streets an allowance for the
benefits. These special benefits have been
declared constitutional. ad If hey are Just
and reasonable, IL the amount assessed for
benefits can be correctly estimated which
Is almost impossible.
The assessment of general benefits Ia 9
also been declared constitutional But a
law may be constitutional and vet be
burdensome, impracticable and unjust I'm
der this decision of the Supreme Court of
May, 1897. every lot in the District of CO.
lumbia may have a special assessment i'm
posed upon 1t for general benefits resulting
from the opening of each street 1t is not
confined to any one subdivision or one
section of the city. There may be hundreds
OF special assessments on each lot, ana
they constitute q first lien, and each one
bears interest from the date of Judgment
of condemnation. Cases may arise where
this wholesale taxation will be confisca-
ton. The owner of a small home (already
mortsaged, perhaps, for purchase money!
may not be able to meet these payments
for alleged benefits thrust upon him. In
due time the property will go under the
auctioneer's hammer. This giant octopus
OF taxation, with arms interlacing and
stretching from all parts of the District,
may gather into the auctioneer's hands
more property than has gone under on &C.
count of hard times"
Then. again, what jury will be able to
calculate the hundreds of benefits" per-
tanning to each highway? What mathe-
NAUTICAL prodigy can correctly apportion the
multitudinous benefits" Cd radiating (as
1t were) from hundreds of these new high
ways?
The land owner most remote from these
paper highways maynot escape assessments,
for the Supreme Court has decided that the
benefits are distributed over the entire
In Georgetown might be assessed to pay
damages for opening a street on Meridian
Hill. Such assessments are prohibited by
statute in some states.
AS to the uncertain character of the
benefits Judge Cox said: Congress by
the act Of 1893 authorizes the taking of
private property for public use and at
tempts to pay for 1t partly in benefits to
be received i'm future, and that contingent
ly."
The plans which have been recorded as
provided in the act of March 2, 1893, can
not be changed except by act Of Congress.
The map Of the first section provides for
widening Maple avenue Ct street,, LIE Droit
Park. This street is paved and handsome
ly improved on both Sides The cost of
widening 1t would be very heavy, and there
is no demand for it. The law should be
changed so as to prevent the widening of
a paved street built up on both sides. un-
less by special act of Congress LIE Droit
Park is already amply provided with
streets. Enough of a thing is enough and
any more becomes a positive nuisance.
This Is true of streets as well as other
things. In taking land for this widening
process some lots will be made so small
as to be useless. In such case allowance
must be made for the value of the entire
lot. If you cut the brim from a mans hat
you are liable for the entire hat, not for a
few inches Of material only, as what re-
mains Is useless. The principle is exactly
the same in case of a lot which is now.
barely large enough for building purposes
So also. when part Of a building is taken
what remains is useless. and the whole
must be paid for.
Senate bill No. 247s, introduced July %,
1897, authorizes the Commissioners to make
changes In the plans. This Is the bond BILL
and some such bill must pass, or the whole
plan will fail.
Citizens generally are anxious for the
success Of the street extension scheme but
the prepoIderance of opinion Is in favor of
changes in the law. This Is no reflection on
the persons who drew the original act or
those who made the maps. This street ex-
tension is the greatest undertaking In the
history of WASHINGTON. IT ia NOT OF