Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-12-22
AFFECTING BUILDING LINES
Opinion of Attorney DuEall of the Purpose
of the Law.
Powers of the commissioners Under
Act of Congress Approved
January IL, 1890.

An inquiry was recently received by the
District Commissioners from Mr.. James A
Watson and other property owners OF
Mount Pleasant relative to the establish
ment of building lines on Howard avenue
under the act of Congress approved Janu-
airy Il, 1899 The act provides:
That the Commissioners of the District
of Columbia are hereby authorized to es-
tablish building lines on streets or parts
of streets less than ninety feet wide in the
District of Columbia upon the presentation
to them of plat of the street or portion
of the street upon which such action is de-
sired showing the lots and the names of
the recorded owners thereof, and accom-
panied by petition of the owners of one
half of the real estate shown on said plat
requesting that building lines be estab-
lished. or when said Commissioners shan
certify that public health, comfort or con-
venience require that such building lines
be esta blished"
Section 2 provides that under the circum-
stances aforesaid said Commissioners shall
make application in writing to the United
states marshal for the District of Column
pla to summon jury to ascertain and
appratse the damages which may accrue to
the real estate by reason of the establish
ment of such building lines, which shall be
the value of the land at the time of the
taking.
Section provides for the assessment as
benefits, of the amount of damages award
ed for the land taken.
Attorneys Opinion.
The matter was referred by the Com
missioners to their attorney, Mr. A B. Du-
vail, who today rendered the following
opinion which has been approved by the
Commissioners:
Il The establishment of building lines
Under the provisions of said act. will mere
~ vest IN the public the use of the lands
taken. leaving the ultimate fee in the pro-
prietors at the time of taking
The act of Congress does not specifi-
caiy require that the land taken in the es-
adjustment of building lines shall necessar-
lily be parking, but if parking is in fact es-
tabhshed, ana the right to establish park
ing Is by the act implicitly conferred on
the commissioners, they would have the
f;Sht TO use such parking without obtaining
lhe consent of and without further COM
Ihese owners are to be compensated for
me land taken in establishing building
mes. The land so acquired becomes nuh1
nc property for public uses, and its use for
pu2Hc purposes after acquisition thereof
ana payment therefor in the manner nre-
Scrlped by said act would not require that
further compensation be made to the own
erS or abuttlng property.
Without Consent of Owners.
d The Commissioners would have the
power to change the grade of the street
and the parking, if any, established after
the establishment of building lines without
the consent of the owners of abuttins
property.
!. The land taken in the establishment
OF building lines under said act becomes
part of the public highways of the District
OF toiumbia, ard after its acquisition
would not be subject to taxation.
.. section of said act appears to be
n aLuatory upon the Commissioners after
me ming OF plat and a petition, to make
aPphcatloh in writing to the marshal to
summon jury to establish the building
Ilhes: IN this respect at least the act, in