The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-10
THE PROBLEM OF PARKS
MAYOR AND CABINET WILL DISCUSS
QUESTION OF APPRAISERS.
Legality Of the Board of FreehoIders
in Doubt-WiII Talk 1t over
Again on Friday.

There was rather important discussion
of the park question at the conference of
the Board of Public Works. mayor, con-
troller and city attorney yesterday after
noon. 1t was decided to have another con-
ference Friday afternoon at o'clock, at
which MessrS. Flack, Coffin and Burton, the
park assessors appointed by the former
Board of Park Commissioners, have been in
vited to be present. AT that time whether
or not the board has itself the right to APP
praise and fix the price to be paid for land
that is intended for the park system, or
whether 1t had better appoint disinterested
and independent assessors, will be discussed
further. Some members of the board think
that the board itself should fix the values of
the lands to be purchased, as the char
ter does not seem to provide for the APP
pointment of assessors to fix the value of
land to be taken for public purposes, but
seems, by inference at least, to delegate
that authority to the board itself. When a
question of condemning and valuing the
land on which the station house is located
came up it was considered necessary to APP
point disinterested freeholders for that pur-
pose, as is done in other legal condemna-
ton proceedings, but afterward the board
was informed that the charter did not pro-
vide for the appointment of appraisers and
that the board itself ought to act in that
capacity. Appraisers have been appointed
in street openings without apparent war
rant. This question is one of considerable
Importance to property owners whose land
is to be taken, as on it hinges the question
of whether the board itself ostensibly in
terested in getting property for parks at the
lowest figure, would be as impartial in fix
ing the price to be paid as disinterested
persons.
Some lawyers say that the section of the
charter which seems to give the Board of
Works the right to take private lands for
city purposes is deficient because there is
no provision for the appointment of asses
sors to fix its value; that there is a grave
question of the boards right to act in that
respect, and that if litigation results over
the proposal to make a park system it will
be over this very failing. The park law was
explicit on this question; it conferred on
the park commissioners the power of emil
nent domain but at the same time provided
specific procedure for determining the price
to be paid property owners for the land
taken from them. Section GA of the charter,
however, authorizes the Board of Works,
among other things, to assess benefits and
condemn ANY property, real or personal f"
or to lay out, change, open or vacate any
street, alley ''or public place." The admin
istration believes that the powers are Suf-
ficiently vested in the board. No question
has been ever raised as to the boards au-
thOrity to open street, and the charter
seems to make the opening of public
places of the same character. From what
can be learned there will be some litigation
when the board names the price 1t will pay
for land and proceeds to take possession
of it.
1t seems likely that the board will itself
make the appraiSements, being guided very
largely by the figures compiled by Messrs.
Fiack, Coffin and Burton when they were
the legal assessors, although it is known
that the price fixed by the assessors is from
half to two-thirds lower that the valuation
set on the land by the property owners
Another matter discussed yesterday was
whether or not the board may prepare for
introduction in Council a blanket ordinance
authorizing it to purchase the entire White
river and Fall creek park system, describ-
ing the various tracts, or whether separate
ordinances should be introduced covering
each separate piece of ground that is worth
more than 1900. Mr.. Kern seemed to think
that blanket ordinance would be proper,
from what was said after the conference,
and it is probable that such an ordinance
time and the expense of publication. This
subject win be further discussed Friday.
The work of Park Engineer Power and his
corps of engineers has proceeded so far that
an ordinance of the kind contemplated could
be prepared with comparatively little trou-
done under the old Park Board furnishes
figures and general data that greatly re-
duce the work THAI is now required of a
purely clerical character.