Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-03-05
THE OPENING OF ALLEYS
Provisions of the Bill niaftsiby Represents
tive Jenkins
Movement Must BE Initiated by . Petit.
Half the Real Estate in Square.

Representative JENKINS flof the District
committee, who waSs charged with the
drafting Of the con1mirtee's substitute
for the bill to amend the act for the OPEN
| ing of alleys, has drawn up the following
Dill, which was among those considered by
the House this morning.
Owners of Majority of the Real Estate.
THAT chapter go of the laws Of the first
session Of the Fifty-second Congress, en-
titled An act to provide for the opening of
| alleys in the District of Columbia ap-
proved July %. 1892, be- and the same is
hereby, amended so as to read as follows:
That the Commissioners of the District
OF Columbia be, and they are hereby, au-
thor1zed to condemn, open, extend, widen
or straighten alleys in the District of Co.
the plat of the alley to be condemned,
opened. wfdened, extended or Strengthened,
accompanied by a petition of the owners Of
more than one-haif of the real estate in
the square in which such alley is sought to
be opened. widened. extended or straight
ened, when the Commissioners of the Dis
trict OF Columbia shall deem that such
opening, extending, widening or straighten-
ing OF an alley Is necessary in order to pro-
vide proper drainage facilities for the square
IN which said alley Is sought to be opened
extended, Widened or Strengthened, or when
said Commissioners shall deem such OPEN
ing, extending, widening or Strengthening
OF an alley Is necessary in order to properly
accommodate vehicle traffic in such square,
or when such opening, extension, widening
or Strengthening. of an alley Is necessary
for the public health:
Closing Alleys or Parts of Alleys.
provided, That in the opening, extension,
widening or Strengthening of an alley it
shall be lawful to close any original alley,
or part of original alley, the fee of
which is in the United States, which may
thereby become useless or unnecessary,
and that 1t shall also. in like manner. be
lawful to close any other alleys or parts of
alleys, the title thereto to revert to the
person or persons who dedicated the same
Tor alley purposes, or to their assigns: And
provided further, That the Commissioners
of the District of Columbia be. and they
are hereby, authorized, whenever in their
Judgment the same may be necessary or
eXpedient, to close an alley Or part of an
alley the width Of which Is less than ten
feet:
Provided, That the assent thereto, in
writing, is obtained from the owners of a
majority Of the real estate abutting there
on. That If the fee title to the land con-
tanned In the alley or part of an alley SO to
be closed Is in the United States the said
Commissioners are hereby authorized to
or the lots or parts of lots contiguous
thereto at a price to be agreed upon be-
tween the said Commissioners and said
owners, which price shall not be less than
the current market price Of the ground In
the contiguous lots; that If the fee title to
the land in the alley or part of an alley
so to be closed is not in the United States
the title to said land shall revert to the
person or persons who dedicated the same
for alley purposes, or to his or their heirs
or assigns.
Marking OF Alleys.
"Sec. 2. That 1T shall be the duty of the
surveyor Of said District as soon as may be
thereafter. to distinctly mark off such alley
In the manner in which it may be des-
ignated in the petition therefor and make
out triplicate plats of such alley showing
its courses and boundaries and the guam
tlty In square feet which may be taken
from the lots or parts of lots in the square
by the opening, extending, widening or
Strengthening thereof, and showing also the
alley or part of alley to be closed. if any,
and the lots or parts of lots to which the
land contained in such closed alley is TO be
annexed: one of which plats shall be depos-
lted with the recorder of =eds of said Dis
trict to be filed amongst the records Of his
ONCE. another kept in the office of the sur
veyor of said District. and one filed in the
office of the Commissioners of the District
Of Columbia.
Authorization to CommissiOners.
Sec. g. That In the opening, extension,
widening or Strengthening of an alley
as herein provided for it shall be law
for the Commissioners OF the District
OF Columbia to close any alley or part
of an alley thereby rendered useless or I'M
necessary the fee to which Is in the United
States by entering into an agreement with
the owners Of the lots CT parts of lots con-
tiSuous thereto for the purchase by them
OF the land contained in said alley sought
TO be closed, at a price to be agreed upon
by the said Commissioners and said owners
which price shall not be less per square
FOOT than the assessed value per square
foot of the contiguous lots: said agreements
in ia t.,I,i a1,. ,l,oyl l.
filed in the Office of the recorder of deeds
and the other in the Office of the Commits
Sioners Of the District of Columbia and the
sums so agreed to be paid shall be assessed
severally against the lots or parts of lots
to which the land SO purchased shall be an
neXed. such assessments to bear int rest at
the rate of 10 per centum per annum until
paid, and shall be collected as other taxes
are collected:
Provided, however. That the Commits
sioners of the District of Columbia may in
their discretion, sell ard convey the land
contained in the alley to be closed for cash
to any person or persons. That the Com
missoners of the District of CorAnbia may,
in the opening, extension, widening or
Strengthening of an alley, close an alley or
part of any alley. the fee to which is not IN
the United States, provided the owners Of
all the lots or parts of lots abuttfng thereon
and the party or parties holding the fee
title to the land contained in the alley to be
closed shall first sign and file petition
therefor. in duplicate, together with a plat
thereof. in duplicate as provided by the
first section of this act one copy of which
shall be filed with the recorder of dee.ls and
the other In the office of the Commissioners
of the District of Columbia.
Jury of Appraisement.
Sec 4. That upon the filing of such plat
by the surveyor in the Office of the Com
missioners of the District of Columbia as
aforesaid, the said Commissioners shall
make an application in writing to the mar
shall of the District of Columbia to sum-
mon and impanel jury of twelve citizens
who have no interest in the real estate
mentioned in the said petition land it is
hereby made his duty to summon and i'm
panel the same in all such cases upon APP
p.ication to him in writing by said Com
missioners,, and who. having first taken
and subscribed an oath in writing TO dis
charge the duty imposed upon them by the
provisions of this act justly and i'm
partially, shall proceed to ascertain and
appraise the damages which may accrue to
the real estate of any person or persons
by the opening. extending. widening or
Strengthening of such alley. which shall be
the value of the land at the time of the
taking. and they shall make and file a state
ment in writing, signed by them, of the
damages so ascertained and appraised, in
the Office Of tho Commissioners Of the Dis
fri Of Col nd af