The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-14
MR.. pUvALL,s OPINION.
The District Attorneys Decision ON n
Highway Proposition.

An interesting question has arisen in the
Engineer Department of the District gov
eminent, relative to a proposition made
by certain propertyholders TO donate the
beds of streets TO the District on conditions
specified. The Assistant Engineer states
that propositions of this kind have been
submitted on several occasions. which led
him to request of the Commissioners
legal opinion on the subject from the Dis
trict Attorney.
The propertyholders referred TO proposed
to give highway of sixty-feei wide. with
in the limits Of the proposed recorded high
ways. and to indicate by an established
building line the 20 feet or 120 feet of
width required in the permanent system
of highways. The space between the street
bed and the building line was to be re-
| served for private parking purposes.
| The Highway act states that highways
| provided for in such plans shall not in any
case be less than ninety feet vide. except
| in cases OF existing highways. which may
be established Of any width not less than
their existing width and not more than
| le0 feet in width
With these provisions Of the law before
them propertyholders were OF the opinion
that their plan of giving sixty feet for
roadway and fifteen feet on each side for
| In many cases streets of nlnety-feet width
| have large part of this width turned into
| parking. and il was thought that the main
| tenance of this space voluntarily by pri-
vate owners would be practically a fulfill
ment OF the law.
In his report TO the Commissioners Dis
| trict Attorney Duvall says that the an
| swer to the enquiry is 10 be determined
| by the legal character of the parking
I ct hot ha
building lines and the roadway. If 1t be-
comes a part of the highway, then the pro-
posed subdivision would contain dedica-
| ton of a roadway rinety feet vide. and
| otherwise il would not.
Mr. Duvall goes on to say that by an
| act approved January u. 1899, providing
! for the establishment of building lines on
certain streets in the District. the Commits
| sioners were authorized TO lay down build
ing lines on streets. or parts of streets,
less than ninety feet wide. This was to
| be done by condemnation, in which the
| owners we're to be compensated for the
land taken. In this act the control of the
parking spaces thus established was vested
in the Commissioners. who were author
lied to make and enforce regulations for
their care and preservation.
The District Attorney calls attention TO
| the fact that in former opinion rendered
| space between the building line and road
way became public property for public use,
and was, 10 all intents and purposes, a
part of the highway.
| The situation would be quite different,
Mr.. Duvall adds in the division now pro-
posed. The space indicated in this propo-
sition between the building line and road
way would not constitute part OF the
highway but would remain private prop
erty in the hands OF the party owning the
land abutting upon the street. While he
may not build upon it. yet 1t is private
ground. not subject TO public uses and not
under control of the Commissioners. The
parking space would be practically Of the
same private character as that where
building lines have been established In a
deed of an owner of land by covenant run
ming with the land.
On account of such considerations the
District Attorney rendered an opinion adj
verse &c the proposition submitted. He
declared that il would not be in compliance
with the Highway act and that it should
not be approved.