Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-10-07

premises. that in any instance where the
use OF part OF lot is sought to be con-
demned in this proceeding, the establish
nent. appropriation and opening of said
highways Will cause injury and damage to
the part not taken. they must find and
award such sum as damages. independently
OF the damages awarded for the part taken,
as will be fair and reasonable compen-
sation for the injury so caused.
You will first ascertain the value of the
part actually taken. Then you are to de-
termine whether the taking of that part is
benefit or an injury to the part left, and
you will have separate columns for these
different figures
Matter of Proportion,
8. The jury are instructed that one-half
OF the amount ascertained to be due and
awarded as damages for each highway or
reservation or part thereof condemned and
established in this proceeding shall be
charged upon all lands benefited by the
laying out CT the proposed highways de-
scrfbed in the plat or map OF Denison and
Leishton's subdivision given in evidence in
this case. and shall assess against each
parcel which they shall find to be so ben
ehted its proper proportional part of the
whole OF said one-half of said damages.
Il will speak further about that.
D. All lar DIS within the limits of the Dis
tr-ct of Columbia which the jury shall find
to be generally benefited by the establish
ment ard condemnation of the highways
Plat or map of the subdivision to which
this proceeding relates are subject 20 sucn
assessment. and should be included there
In. and the jury should assess against each
and every parcel of land in the District of
Columbia which they shall find to be so
benefited by the establishment and con-
demnation of said highways its proper pro-
portional part of said one-half of said dam
ages. due allowance being made in those
Instances where part only OF, a lot has
been taken. for the amount which shall
already have been deducted from the value
of the part taken on account Of the benefit
to the remainder of the tract.
That is on the same general subject. /
will speak of general benefits presently.
10. The assessment so made against the
pieces or parcels of lands SO found by the
jury to be benefited by the establishment
and condemnation of said highways must
be for definite and specific sum of money
in respect of each and every piece and
parcel of land within the limits of the Dis
trict of Columbia which the jury shall find
to be SO benefited. .-....
Mr. McPherson's Prayer.
MIR. Mcpherson has submitted the fol-
lowing prayer:
Il. The jury should take into considera-
ton in estimating the value of lands taken
any and all prospective improvements that
are certain or probable to occur or arise
within the immediate future. as having
been ordered and appropriated for, viz:
beneficial change of grade. thus making
the grade of the street less and more de-
sirabie. and also that will reduce the cut
of abutting lots. ETC.
There are one or two others here:
I'm considering what benefits, If any.
may result to the residue of parcel of
land. only part of which is taken, THE jury
are not to consider the benefits which may
result to such owner Ill common with other
owners of land. in the neighborhood but
only the special advantages and benefits.
hSoh hn daryr ftOr1 oF tt0 -fcrH,f
of way would be to the residue of said
lot over and beyond the advantages and
benefits that would result generally to the
public: nor are the jury to consider. in de-
termining said special benefits, the open
iEg. grading and improving of said high
ways the same being too remote and I'M
certain. but they will consider only the
present benefit. If any. which at once re-
suits from the mere appropriation of said
land for a highway by this proceeding.
and its opening for use by the public
Lots 1OS and 100 have the fee to the
middle of the street. but that does not give
them access to the new highway, and they
would have the right Of access to it. They
would have the right to that much of the
fee of the street. They would have a right
to go over the street.
Market Values.
''In fixing the value of the ground taken
in this case for the purpose of permanent
highway the jury may consider what eff
feet, if any. the passage of the highway
act. under which this proceeding is had,
has had upon the market value of the
property in said subdivision: and if they
find from the evidence that the passage
of said act, and the subsequent proceedings
had Hereunder. have temporarily lessened
the market price or value of said ground
or rendered 1t less salable, such depres-
sion of value, If the jury should find it to
exist. should not influence the verdict of
the jury in ascertaining the value of the
ground. but their verdict should be for the
fair market value Of the ground. without
regard to the temporary effect, If any, of
the passage of said act and proceedings
hereunder upon the value of the ground
in said subdivision"
That is simply common sense. If the
mere passage of this act and the uncer-
tainty caused by it should create a tempo
rary depression in the value of that ground,
that is not to be considered fair value of
the ground. 1t is what the value would
be if the proceeding did not exist at all.
Some of these prayers that 1 have re-
fused 1 will tack together with the others,
but / have drawn pencil mark across
them. and you will understand that they
are not to be considered.
Summing Up.
To sum up: You have got to ascertain
the value of the ground which Is actually
taken for the streets. In the next place.
you are to ascertain the damage, If any, to
the remaining part OF the lot Wn1cn Is only
partially taken, and allow that. You will
have separate column for damages and a
separate column for benefits.
81 think the simplest way would be, IL
you find lot is benefited in some respects.
but is more damaged in other respects. You
will enter in the damage column the diff
ference between those two amounts.
ION the other hand. if you find that there
is damage in some respects, bat more
benefit in other respects, you will ascer-
tain the difference and put that in the
column of benefits. In considering the
you will also consider what dam
age has been occasioned by the abandon
ment of the streets. That is one of the
elements of damage when YOU are to find.
Then you will have column giving the
gross amount. You will find the gross
amount of damage and compensation for
land, and really that will be, in a general
sense, the damage that will be occasioned
by taking the property
Most Troublesome Question.
But the most troublesome question will
remains. When you have added up the
whole amount to be allowed. irrespective
of the benefits suppose you find that the
value of the land taken and the damages
done together amount to. s2oO,O0O. we will
say. just by way of illustration. You will
divide that Into two parts. One part Of