Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-01-05
STREET EXTENSION
Continued from Eleventh Pase)

be abandoned. and all condemnation pro-
ceedings relating thereto shall be discontin-
ned, and any highways, or parts thereof,
which upon such original map are intend
ed to lie abandoned. but which upon such
amended map are restored. shall be and re-
main public highways. as though such orig
inal map had never been filed, and all con-
do mnation proceedings locking to the as
certainment of damages to land bordering
on or adjacent to such restored highways,
or parts of highways. on account of sucn
intended abandonment. shall be discontin-
ue;I.
Sec . The owner of land over or upon
which any highway or reservation shall
be projected upon such amended map. or
upon any other map hereafter filed under
said act of Congress, shall have the free
right to the use and enjoyment of the same
for building CT any other lawful purpose
rntil proceedings looking TO the cOndcmna-
ton Of such land shall have been begun
And as to any highway, or part of high
way which by such map amended, or
any other map that may hereafter be filed
under said act of Congress, is to be aban-
doned, neither the right of those occupying
or owning land abuttirg thereon or ada
cent thereto. nor the right of the public to
use such highway. or part of highway,
shall be affected by the fling Of such map.
until the beginning of condemnation pro-
ceednEs looking 10 the ascertainment of
the damages resulting from such proposed
abandonment: nor shall the obligation of
the municipal authorities to keep the same
in repair be affected until they are rem
Gered useless by the opening and improve
nent CT new highways, to be evidenced by
public notice by the Commissioners of the
District of Columbia. Said Commissioners
shall not hereafter submit for approval to
the highway commission created by section
= of said act any map or plan hereunder
Until the owners of land within the terri
tory embraced in such map shall have been
given an opportunity to be heard in regard
thereto by said District Commissioners
after public notice to that effect for not
laSC 10 tive do
Guiding Sundays.
Sec. 3. Section Is of said act is hereby
repealed.
Sec. 4. Whenever. in pursuance of the
provisions of section of sale act, the to-
tai amount of damages to be awarded in
respect of existing subdivisions included in
any map filed under the provisions of sec
tion of said act shall have been ascer-
tanned, and fl al Judgment shall have been
entered thereon, and provision for the pay
p'ent thereof shall have been made. the
Supreme Court OF the District of Columbia
lolding special term as district court
of the United States, rpon application of
the Commissioners of the District of CO.
lumbia. shall appoint board of assessors.
composed of five disinterested men not re-
lated to any person interested in the pro-
Ceedings and not in the service or employ
ment of the United States or the District
of Columbia, and shall administer to such
toard OF assessors an cath or affirmation
that they will, without favor Partially
to any one. to the best of their Judgment
T axe the assessment hereinbelow provided
for. Such board of assessors. within nine
ty days after their first meeting. shall make,
sign and file in said court an assessment
upon each parcel of land Included in such
Nap Excluding public highways and reser-
vations and all land owned by the United
States. or the District of Columbia, and the
Soldiers Home property in such sum as
said board shall find the market value
thereof to he increased by the establish
ment of the highways or parts of high
ways laid down on such map and so con-
Gemned. In no event shall the aggregate
amount of the assessments exceed the to-
tai amount of the damages awarded in re-
slect of existing subdivisions in the terri
tory included in such map. By the same
order which shall appoint such board the
court shall provide for due notice to all
persons owning land included in such map
of the time and place of the first meeting
Of said board of assessors, which meeting
shall be held in the presence of the court.
Al sucn first meeting. or as soon there
after as practicable. said court shall give
to said board. in writing, such instructions
as If shall deem proper as to the manner
in which it shall perform its duties. and
as to- the principles upon which it shall
r.ake the assessment. After such inStruc-
tons shall have been given, the proceed
inSs of the board shall at all times be under
the direction of the court, but need not be
IT. its presence. At the demand of any
party in interest said court in special term
shall certify any question OF law arising
curing said proceedings. either in instruct
ing the board at the beginning of its du-
ties, OF afterward. To the Court of Appeals
of the District OF Colombia for hearing there
in the first instance. and shall, to such ex-
ten as ii may deem necessary. If al all,
suspend the proceedings of the board until
said court in special term shall have re-
Ceived the certificate OF said Court of APP
peals. showing its determination of the
questions so certified. All questions of law
arising in the case shall be determined
either by said court in special term or by
said Court of Appeals, herein provided,
before the assessment shall be finally con-
frmed by said court in special term. and
when so confirmed the Judgment of con-
frmation shall be final. In said Court of
Appeals the hearing of the question or
questions so certified TO it shall have pre-
Cedence over all other cases, except GRIM
II al cases
If any question or questions as to the in
structiOns to be given to said board at the
outset shall be so certified to said Court of
Appeals and said court in special term
shall deem il proper to suspend entirely the
proceedings of said board until the certif-
cate of said Court of Appeals containing its
decision of the question or questions so sub
mitted to IL shall be received then the
period hereinabove fixed within which said
board is to make, sign and file the assess
ment shall not begin to run until the first
meeting of said board after such certificate
shall have been so received, which meeting
shall be fixed by the order of said court in
special term.
IN making Such assessment said board, as
to any tract part of which shall have
been taken for any highway or reservation
In proceedings under said act, shall make
due allowance for the amount IL any which
shall have been deducted from the value of
the part taken on account of the benefit to
the remainder Of the tract.
When the board shall have completed the
assessment ii shall file the same in said
court in special term, and said court shall
forthwith cause public notice to be given
for thirty days in at least two newspapers
of general circulation published in the Dis
trict of Columbia, that on day to be fixed
therein II will hear objections to such as
sessment- Such notice shall designate the
map covered by the assessments and the
aggregate amount of all the assessments
and shall warn all persons interested to ap-
fixed by such notice. All objections to the
assessment, whether made by land own
ers or by the Commissioners of the Dis
trict of Columbia, shall be filed in writing
on or before the day fixed by such notice
and shall specify the parcel or parcels of
land in reference to which the objections
are made. and shall state specifically what
the objections are. The court shall then
proceed TO hear and determine all objec-
tons In summary way; but the court
shall not review the action of the board of
assessors in regard to the extent of the
benefits in any case unless satisfied that the
board has proceeded under some manlest
mistake as to the law or the principles upon