The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1900-12-12
IMPORTANT TOWNSHIP vQgoh
HITCHCOCK ON APPRAisEMENT
OF TOwNSrTE PROPERTY.
improvements Made In Good Faith Prior
60 the AppraIsement by the TOwnsste
Commission Entities Owner to
Fifty Per Cent. Reduction.
special to the Ardmoreite.

,ision relating to the appraisement
If townsite property in Indian Ter
.itory, which, while nominally local
% the city of Wagner, is in reality
.ar reaching In its effects. The ques-
5ion presented to the department for
decision related to the time at which
could be placed upon
townsite lots so as to bring them
within the provision of the Curtis
law which provides for the appraise-
ment of improved property" at
fifty per cent. of it's assessed valu-
alton. The department holds that
made in good faith |
prior to the appraisement by the
townsite commission entities tbs |
owner to the fifty per cent. reduc-
ton in the assessed valuation.
In June 1899 the Indian Office
handed down a decision upon this
question In which it held that the
town lots which we're improved at
that time should be assessed at one
half their appraised value and that
those lots which were then vacant
and not improved should be assessed
at their appraised value. Acting
under this decision the townsite
commission at Wagner proceeded
to prepare a map of the city proper
ly marking all existing improve
ments. This map was sent to the
department for the endorsement of
the secretary. While the map was
pending in the department applica-
tions were received from seventeen
residents of Wagner setting forth
the fact that they had, since June
1899, made valuable improvements
upon their lots and asking that these
improvements might be entered up
on the map and the townsite COM
mission be instructed to assess their
property at one-half its value thus
bringing it within the favored clause
of the Curtis act. The cases were
taken up and carefully considered
and the secretary has handed down
decision in which he holds that
these improvements were made in
good faith. and that the claimants
are entitled to come within the sim
proved property" of the Curtis act
In his decision he says:
"There is nothing in the act oi
June %, 1898, which would have pre-
vented said townsite commission
from appraising the allotments al
improved upon which substantia
improvements were placed in goot
faith prior to the appraisement by
the commission"
The far reaching effects of this de
cision will be readily understood
when it is known that only tive
towns in the Greek and Cherokee
nations have been appraised. l
this same principle Is applied, as i
, undoubtedly will be. to many of tht
{ other towns in the two nations, a
{ we'll as in the Choctaw, Ohickasav
and Seminole countries where sur
veys andl appraisements have no
been completed all Improvement
p made prior to the completion of tn
townsite maps will entitle the own
ers of property to the benefit of tn
1 improved property clause of tn
Curtis act. This will have tend
= ency to greatly enhance the value O
townsite property in the Territory
particularly In those towns whicl
are to be located along the line o
the Frisco extension from Sapulpa
Creek nation, to Sherman, Tex.
The department, however, ha
taken the precaution to prevent an.
? speculative schemes being enteret
{ into under this ruling. In orde
\ that property upon which improve
which will be made prior to the tim
: final surveys are completed, ma.
: come within the provisions of tn
above ruling, it must be shown tha
the parties were acting in good falt
: and erected buildings for their owl
q use and not for speculative. purposes
J, In the event temporary building ar
constructed merely for the purpos
> of enabling the holder to secure
S title to the property for one-half tn
8 appraised valuation the application
8 will be rejected.
. Heretofore the opinion has prevaile
that improvements made at the pres
ent time upon unsurveyed and ur
;. plated town lots would not entitI
the owners to the benefits of the fax
ored clause of the Curtis act. 1t
/. well known that many men in tn
Indian Territory have been desirou
;. for the last year of constructin
= homes upon their town lots whic
. they have selected, but have hesits
ted owing to the uncertainties sui
rounding the question of appraise
= ment. There has been q geners
II fear entertained that a majority G
@ the property would be appraised a
: mora than its actual value. Thos
d who have held town lots have bee
o waiting until this question was de
y finitely decided, SO that they Nigh
A know whether to keep their lots an
pay for them according to assess
L ments, or relinquish their claims
Under the above decision if survey
have not been made and the man