The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-02-26
AFFAIRS OF THE DISTRICF.
Proposed LeE-iSEation Concerning
DanlngssS 20 PropertN


Damages 10 Property
Under date of January y. 1901. F. T F.
Johnson sent a communication to the Sen
ate judiciary Committee enclosing sec
tion which he desired to have incorpor-
ated in the code of laws for the District.
The section had reference TO damages
caused by charging the grade of streets.
etc The proposed section and the letter
accompanying II were referred by the
committee 10 the Commissioners for their
consideration, and today they completed
their report
The section proposed is entitled Change
OF grade and damages" Il provides that
Whenever by the grading of any street.
alley. or other public highway in the Dis
trict of Columbia pursuant 10 the action
Of the authorities of said District II
changing the established grade of such
street, alley. or public highway, after
valuable Improvements have been made
upon real property abutting thereon. such
real property or the improvements thereon
is injured or diminished in value, the own
CT of such real property or Improvements
may recover from said District the amount
CT such damages or dfminution in value il
a civil action brought for that purpose.
This section shall be held to cover and
apply 10 all cases wherein a change Of es-
tahIisned grades of streets or other high
ways may have been heretofore determin-
ed. but has not been carried into effect
by the actual completion Of their work.
In their report the Commissioners state
that Mr. johnson owned house on Hart
ford Street, Bro7kIand, between Tenth
and Twelfth Streets. there being no Elev-
. enJh Street al this point. It was found
necessary TO grade Hartford Street ABOUT
tWo years age Tney inform the commit
tee that the street in the middle Of the
block was raised some four feet. They
gay that Atr- Johrson's house vas al The
point of the deepest I'LL and, as a result.
he had Jo raise his house and fill in his
yard al cost, x Is believed of about
$500 or more Trey say he has tried to
collect this amount By application 10 the
. Commissioners and by legislative enact
meEt bUt 50 far without success. COnlin
UiIg ghe Commissioners say:
1t appears that Mn Johnson's house
was built without reference 10 the estab-
. Iished grade. The street was filled al the
! grade which had bSen established for sew
eTai years. This grade was established
/ prior 10 the erection Of Mr.. Johnson 5
house.
Concerning the question in general
the Commissioners would state that the
. section in the form proposed IS not Ee-
lieyed 10 be desirable While such a
clause might be OF advantage IN most cit-
: les where any award of a jury IS not apt
10 be excessive, because the friends
( neighboTs. and feIlow-towHsmen Of the
party seeking dana ges are called upon to
Iay the damages which may be sustained
ir the District CT Columbia sucn a large
proportion Of the taxes are paid by the
General Government that there is no feel
Ing Of individuality, and jury awards for
land damages have, in the past not al
ways been as carefully considered as they
doubtless would have been had the jurors
felt the responsibility Of increasing tn,
. taxes Of their friends and neighbors
Every consideration is always given b.
. The Commissioners 10 the property own
ers whose lands abuJ upon the streets
prior TO any change OF grade. and no
grade is changed without careful con
I sideration OF the benefits TO the public
and damages 10 the owners Of property
/ adjacent.
{ The Commissioners. therefore. bel eve
/ tnat the present arrang ngenent IS the est
! suited for the protection of the individ-
ual and the public in the District of Co
lumbia. and they would recommend that
no change be made