Evening star., 1901-12-10
ASSESSMENT OF BENEFITS
LAW GOVERNING STREET ExTEN-
SION AND SUBDIVISION RECORDS.
Amendment Suggested by Attorney
DuxalI, the Point Being Raised
by a Citizen.

A. B. Duvall, attorney for the Dlstrlce'
has rendered an opinion to the Dlstrlct
Commissioners, in which he deals in an
interesting manner with the subject OF pen
eft assessments in street extension cases
in their relation to the recording of subdi-
visions. The opinion was called for by the
Commissioners upon the suggestion of L.
NJ Saunders of the propriety of revising
section of the regulations for the subdi-
vision of land, which provides: That ap-
plications for the approval of subdivision
must be made to the Commissioners, ac-
companied by certificates of the proper
officials that the taxes, special assessments
and other public charges upon the property
have beer paid" so as to allow the record
of a subdivision of suburban land without
the prior payment of Assessment for BEN
efits.'
II am inclined to the opinion" says the
attorney, that it would be advisable to
amend the regulations by exempting from
its requirement. as condition to the rec
ord of a subdivision of suburban property,
the payment of assessments for Dement'S
under highway extension proceedings; or
to allow such subdivision to be recorded
waving the prepayment of such assess
ments; recurring, however, in either event,
payment of such amount as would repre-
sent the sum chargeable against the area
of the land dedicated in the subdivision to
the public use for alleys, etc.
Regarded as Just.
THE prepayment of taxes generally, 1t
seems to me, is a just requirement 1or the
use of the public subdivision records; but
these so-called benefit assessments are in
a somewhat different category from other
taxes and assessments; they do not repre-
sent material improvements, such as side
walks, etc; they are not Immediately pay
able; their payment is extended over a pc
VparS-thp object
sumptively to allow the owner of the prop
erty assessed to enjoy the advantages OF
the increase in value of his property as en-
hanced by actual public improvements,
ETC. in the meantime. The substantial ben
eft obtainable from the mere recording of
a suburban subdivision would, however, be
small.
What Mr.. Saunders really desires is to
have the benefit assessment Cancelled and
its amount reassessed upon the sublots
after the proposed subdivision is recorded.
However equitable such an arrangement
might be, | am of the opinion that the
Commissioners are without authority to
cancel the assment for benefits and re1m-
pose il suggested. The assessment for
benefits was made under the specific re-
quirements of law by the jury of condem-
nation. and it was confirmed by the court,
and the Commissioners are not at liberty
to reform it.
Assessment a Lien.
The admission of the proposed subdivis-
ion to record would have no effect upon the
assessment for benefits; that assessment
would still remain a lien, as confirmed by
the court, against the original lots and not
against the lots as subdivided.
THE Commissioners are and they would
continue to be, without authority to receive
payment for part of said assessment for
benefits and to release a proportionate part
of the lot assessed, embracing one or more
of the lots in the recorded subdivision. 1t
seems to me that the revenues of the Dis
trict would be materially increased if Con-
gress would authorize the Commissioners
in such cases to receive payment of a pro-
portionate part of all special assessments,
including these assessments for benefits
and thereupon to release therefrom
proper proportionate part of the lot as
sessed Thus. without any apparent det
riment to public interests. the Commission
ers could assist in the development of con-
siderable property by enabling the owner
from time 20 time to clear the title to and
improve part of his land as opportunity
offered
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