The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-13
THEPARK TANGLE GROWS
NO BARRETT LAW FOR BENEFITS,
SAYS THE CITY ATTORNEY.
Costly Litigation Threatened Against
the City-LegaIity of Works Boards
Action Questioned.

the charter thoroughly with regard TO the
manner and time in which property owners
who are taxed on account of the proposed
parks will have to pay the benefits assessed
against them. He is of the opinion, how
ever. from d cursory examination into that
subject yesterday afternoon, that the Barrett
law, which gives property owners who have
to pay for street improvements the privilege
of paying them in ten annual !nstallments,
will not apply to park assessments. If this
proves to be. correct on a further eXamina-
ton of the charter, the Board of Works will
come into possession of the large fund that
will be realized from benefits taxed in a
comparatively short time. Last January,
when the Legislature was in session, an
amendment to the park law, then in force,
was made, providing that park assessments
might be paid as street improvements are,
under tho ten-year plan of the Barrett law.
This amendment was procured by the adj
ministration, so that property owners might
be relieved of the burden of paying large
assessments in one bunch There is a sem
tepce in the section of the charter under
which the Board of Works is working out
its park plans, which provides that the as
sessments, on account of the opening of any
street or public place, shall be paid as street
assessments are. This may open "a way for
paying the park assessments under the Bar
rett law, as the section with regard to
street improvements has been amended to
make them payable i'll ten installments.
From what attorneys say who have been
consulted by persons owning lands in the
proposed river bottom parks, the city is apt
to become involved in costly litigation. An
appeal may be taken to the Circuit or SUI
perior Court by property owners who object
to the price awarded them by the board
for lands condemned, or who object to the
benefits assessed against them. 1t is con-
tended by the attorneys that their clients
will have the right Of trial by jury although
this is not provided in the charteD when it
comes to determining what their land is
really worth. There is an express provision
that will make 1t incumbent for each prop
erty owner to bring a separate suit. If the
court and jury award greater prices for the
land than the board has done, the costs of
the various suits will have to be borne by
the city. 1t is said that they will more than
eat up the benefits assessed, so that large
portion of the money at the disposal of the
board will have to be used for court costs
instead of improvements The park law au-
thorized the Circuit Court to deal with all
reInOnS(TdnceS III one DdtCl, ana llluS
avoided multiplicity of litigation.
Some serious Questions as to the validity
of the boards proceedings have been raised,
and they even attack the constitutionality
of the section Of the charter under which
the board is proposing to acquire and i'm
prove park lands. 1t is possible that steps
will be taken to enjoin the board in the near
future from proceeding with the work. The
section of the charter in question directs
that the board shall assess benefits against
all property beneficialy affected by the
opening or laying out of any street or pub
lie place." and it is given jurisdiction for
assessing benefits to the distance of four
miles. The attorneys say that it was clearly
the intention to require the board to assess
all property in the city when any extensive
public Improvement Is undertaken, just as
is done in sewer work. On the Kentucky
avenue sewer, for instance, persons living
in the extreme northeast part of the city
were taxed. In the case OF North lndian-
apolis assessments against property there
were made on account of the White river
interceptor, although North indianapolis IS
separated from the interceptor by Fall
creek, and could never get any benefit from
it, The attorneys say that if their clients
are assessed because their land lies adjacent
to or in the immediate vicinage of the parks
every bit of real estate III the city ought
to be assessed under the provisions of the
charter, and that il the board follows It's
proposed course of assessing only AUDITING
property this question will in all probability
be raised 1T Is alleged to be principal OF
common right that no man $ property can
be taken without just compensation, ana
that any law which denies him this right is
unconstitutional. 1t is asserted that the
section of the charter under which the
board is opera ting does not provide for
trial by jury of his rights as TO the COM
pensation to be paid for land taken. and
that there is a question of the validity of
the law ON this account. 1t is said also
that there is no mention of parks in the
condemnation proceedings provided for, and
that the board is on dangerous grounds in
trying TO stretch the words public places
TO mean parks. In this connection it is said
that the courts conStrue laws giving any
body of men power to take another mans
property very stIicuy-as strictly as Grim
inal laws are construed, in fact-and that
the board is on pretty dangerous grounds
when it constructs the charter as giving au-
thority not especially conferred.
While but little has been said lately by
people who own lands that are to be taken,
their attorneys have been watching the pro-
ceedings very closely since the Park Board
was oVerthrown by the Supreme Court, and
from what is now said suits will be brought
AS soon as the board = assessments are made
public If it is found that the price proposed
to be paid for land does not coincide with
what its owners regard fair. AS has been
pointed out a question has been raised as
10 the validity of the action of the Council
i'm transferring the park fund TO the Board
of Public Works and that VIII most likely
he one of the points raised in the first suit
10 enioin the board from taking lands. There
are hints of a suit to prevent the board
from using the money on the grounds that
ii Is not legally In custody of It, The steps
OF the Council were taken at the dictation Of