Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-13
HIGHWAY EXTENSION ACT
Important Opinion Rendered by the Attor-
ney for the District
He States That Private Parking Can
not BE Regarded as a Portion
of Streets or Avenues.


department of the District government re-
Gently called the attention of the En-
gineer Commissioner to the fact that on
several occasions there has been submit
ted to him by property holders scheme
for subdividing their land by conforming
in measure to the recorded plans of the
permanent system of highways. The idea
advanced by these parties, said Mr.. Rich
ards. was to donate a highway 80 90
feet wide within the limits Of the proposed
recorded highways and to indicate by an
established building line the 90-foot or 1875
foot width as the case might be, thus hav-
ing these established building lines con-
form to the lines laid down on the perma-
neut system of highways with private park
ing in the limits of the streets.
Mr.. Richards suggested that the opinion
of the attorney of the District be had on
the question 50 that the municipal authori-
ties might be informed whether such sub
divisions should be considered in conformity
to the highway plans. and therefore be al
lowed to become matters of record
Favored by Capt. Beach.
The Engineer Commissioner approved of
Mr.. Richards suggestion, stating that the
highway act provided that highways pro-
vided in such plans shall not in any case
be less than ninety feet nor more than 100
feet wide, except in cases of existing high
ways, which may be established of any
width not less than their existing width.
and not more than 160 feet in width. The
question arising. he further stated. is this:
Parties owning land adjacent to a street on
the highway plans. shown as ninety feet In
width. desire to dedicate to the District a
roadway of sixty feet and establish build
ing lines fifteen feet back from each side of
the street, making thus . highway. prac-
tically ninety feet in width between build
ing lines.
AT the time the highway act was
passed." said Capt. Beach. there was no
law in existence recognizing building lines
of this character. those that were in eX-
fstence at that time being merely private
arrangements generally Included in the
deed conveying the land. Since then, how
ever, an act has been passed by Congress
recognizing the establishment of building
lines and providing for the same approved
between the building lines of the street
practically a portion of the street.
'Inasmuch streets dedicated to width
of ninety feet have large portion of their
width turned into parking, ii would seem
to me that the dedication of street of
sixty feet. with the voluntary establish
ment of building lines, would in many
cases. be practically a fulfillment of the
law. and 1 would request that the attorney
be asked to give his opinion as to whether
it is not possible for the Commissioners to
accept dedications in this form. Several
highways can be obtained without expense
to the District which, it is believed. will not
be dedicated if the parties are required to
give the full width of ninety feet outright"
Mr.. DuvalI's Opinion.
The question was accordingly referred to
Attorney Duvall, who has rendered an opin-
ion to the effect that such subdivision will
not be in compliance with the highway act
and that it should not be approved and ad-
mitted to record After quoting the clause
OF the act applicable to the question, the
attorney says:
THE answer to the inquiry. in my judg-
ment, is to be determined by the legal char
acter of the parking space which will
exist between the building lines and the
roadway. If this becomes part of the
highway. then the proposed subdivision
would contain a dedication of a highway
ninety feet wide, otherwise 1t would not
BY an act approved January ~, 1899,
entitled An act to provide FOR the establish
ment Of building lines on certain streets in
the District the Commissioners were au-
thorized to establish building lines on
streets or parts of streets less than ninety
feet wide by condemnation proceeding in
winch the owners were to be compensated
Tor fhe land taken in establishing such
building lines. &c, and the control of the
parking spaces thus established was vested
in the Commissioners. who were authorized
TO make and enforce regulations for their
care and preSe walton.
Still Private in Character
Il had the honor. on December 50, 1899, "
continues Mr.. Duvall, Ito advise you that
under the aforementioned act the space be-
tween the building line and the roadway
became part of the highway. The situation
would be quite differ ent. however, in such
subdivision as described by Mr.. Richards
The space indicated thereon between the
building line and the roadway will not con-
st1tute part of the highway, but will be
and remain the property of the party own
ing the land adjacent to the street. While
he may not build upon it, it yet remains
private parking, not subject to public uses
and not under the control of the Commits
Sioners
The parking space would be practically
OF the same private character as that
where building lines have been established
in a deed of owner of land by covenant
running with the land / am. therefore of
the opinion that such a subdivision will not
be in compliance with the highway act and
that 1t should not be approved and admit
ted TO record