Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-01-05

land in the opinion of the jury may be
benefited and are liable to be included in
such assessment
Thereupon the court shall cause the pro-
ceedings to be adjourned for not less than
thirty days, and shall cause personal and
public notice, as provided in section of
said act, to be given to persons interested
In the parcels of land included in such as
sessable district to appear on that day and
to attend the proceedings from time to time
thereafter till the assessment shall be
completed. On the day so fixed and there
after all parties in interest shall be heard
by the court and jury, and the jury shall
thefeupon assess upon each parcel of land
within such district which il shall find to
be benefited it's proper proportionate part
OF the damages. The total assessment
shall be not less than one-half the damages
and may equal the damages if the jury
shall find land in the aSseSSable area clear
~ benefited to that extent. In making
such assessment the jury, to any tract
a part of which shall have been taken for
any highway or reservation included in the
proceedings, shall make due allowance for
the amount, If any, which shall have been
deducted from the value of the part taken
on account of the benefit to the remainder
Oh the tract. Except as herein otherwise
provided. the proceedings of the court and
jury in making assessments for the bene-
fits under this section shall conform as
nearly as practicable to the provisions of
said act relating to the assessment of dam
ages: The owners of any land assessed by
the Jury shall have the right to accept to
the finding of the jury, and the court may
direct the jury to reconsider it's verdict in
reference to the assessments upon any par
eel or parcels of land. If the court deem
1t necessary in the interests of justice to
do SO. 1t may refuse to confirm the assess
merit, and discharge the jury and convene
new jury to make the assessment,
but no change in such cases shall be
made in the aSSessable district, nor in such
cases snail that part of the proceedings re-
iat1ng TO the determination of the damages
he cd hut fI.,
vened simply for the purpose of making
new assessment in the same area. When
an assessment satisfactory to the court
shall finally have been made the court shall
enter final judgment in the case, confirming
the award. both as to the damages and as
to the assessment. If for any reason no
valid and binding assessment shall be made
the whole proceeding shall abate and the
land affected by the condemnation pro-
eeedings shall stand as though they had
not been begun. Proceedings under this
section shall be instituted only when the
immediate actual opening of the highway
or reservation for public travel or use is
contemplated. and the benefits are to be
deducted and the assessment made in that
view. The assessment shall be based upon
the dlfference between the full value of the
land condemned and other damages on the
one hand, and the amount deducted for
Dement'S on the other: Provided that the
value Of buildings condemned in whole or
IN part shail not enter into the assessment.
BOARD OF assessors appointed by the court
In proceedings under section q of said act
Snail nave been finally confirmed by the
court, the several assessments so made
snail De lien upon the respective parcels
OF lahd assessed. In proceedings under seq
tlon OF said act, when provision for the
payment or the damages awarded shall
nave been previously made the assessments
made by the jury when finally confirmed
by the court, shall be a lien upon the re-
spectlve parcels of land assessed. When
IN IN proceedings under section of said act
the mai Judgment of the court shall b,.
submitted to Congress- as hereinafter no
Iiueu, the assessment shall be a lien llpon
the land assessed only from the date when
lhe act OF Congress providing for the paw
ment OF the judgment in such PROCEEDINGS
shall become a law. If Congress within The
slilie hereinafter limited shall not provide
Iot tIe payment of such awards the Com
nilsSiohers OF the District of Columbia
shall suggest that fact to the court ana
thereupon the assessment shall he yacatad
IN any case the assessment shall be paw
aDie 10 the collector of taxes of the Disf riot
VI Soi'iinDia IN ten equal annual INSTALL
lhehts, with interest at the rate of z nec
cehtum per annum from the time when Tho
..t~siitHt sEail become lien: Provided
mat such assessment may be paid in full
. ., any iliae within sixty days after the
udte OF the confirmation of the assessment
WITHOUT interest; and provided further
t;iot Sucn assessment, or any unpaid part
thereof, whether due or not may be paid
" i"ii at any tl1ie, with interest to the
uale OF payment. If any installment of
sucn assessment be not paid in full. with
interest as aforesaid, at the time il falls
hue' the property covered by such assess
heht shali DE subject TO sale therefor, I'M
DER the same conditions and penalties as
IN the case of the non-payment of general
taxes.
Said court in proceedings under said act
shaH nave the power. in it's discretion, to
consolidate two or more separate cases
ana In that event to give such direction as
10 form OF the verdict and the determine
tlon OF damages and the assessment of
hehents as Will save time and lessen the
costs of the proceeding without preiudiciny
the rights of the parties.
sec L. In any proceeding under section 6
or SAID act for the condemnation of land
IN Subdivisions existing at the time of the
ming OF any map, the Commissioners of
the District of Columbia may agree in
writing with any person entitled to dam
ages in such proceedings as to the amount
thereof such agreement shall show spe-
clhcaily how the amount agreed upon is
reached, by setting forth rot only the val
ue or the land taken, but the damages or
benehts to the remainder of a tract where
only a part thereof is to be condemned
Such agreement, duly signed by the Com
mis- sioners and by all the other parties in
shall be submitted to the high
way commission created by section = of
said act: and if they, or a majority of
them, shall deem it to be lust and reason
able, they shall return it with their APP
prevail to the Commissioners of the Dis
trict of Columbia. who shall file it in the
court in which the proceedings are pending
and the court shall give effect to the same
as though tie amount of the damages had
been ascertained by the court and jury.
Sec. 8. When highways and reservations
laid down upon any map filed under sec
ton 2 of said act cover more than two
fifths of any parcel of land outside of a
subdivision existing at the time of the
filing of such map, the owner or owners of
such parcel shall have the right at any
time to file in the Supreme Court of the
District of Columbia, holding a special
term as district court of the United
States, petition setting forth that the
public convenience requires that such
highways and reservations should be open
ed to the public use, and offering to dedi-
cate such designated parts thereof of about
the same average value as the remainder
as will amount to two-fifths of the entire
parcel. upon condition that he or they shall
be paid the full value of the remainder Of
the land covered by such highways and
reservations without any deductions for
benefits, and without any assessment on
account thereof. The court shall thereupon
cause due notice to be given to the Com
missioners of the District of Columbia of
such application and shall hear the same
in a summary way; and if the court
shall find that the averments of the petit
ton are true, it shall summon a jury and
rrr other under 4