Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-06-18
THE SOLICITORS VIEWS
OPINIONS FORWARDED TO THE
COMMISSIONERS TODAY.
Assessments in Steuarts Subdivision
Extension Of Eighth and Sea-
ton Streets.

submitted to the District Commissioners an
opinion relative to certain assessments on
lots 1913 to 127 in Steuart's subdivision of
part of Mt. Pleasant 1t appears that the
assessments were made by the jury in the
proceeding for the widening of Columbia
road and old 10th street, being the actual
benefits found by the jury as consequence
of the widening of those streets.
In the subsequent proceeding to extend
10th street-a different street from either Of
those mentioned in the foregong-a portion
of the same lots was condemned for the
new 10th street and an award of damages
amounting to s15, 1925 was made by the
jury for the land so taken.
These lots were subject to the assessment
made as stated in the first proceeding, and
the auditor holds that the entire assess
ment should be paid by the lot owners be-
fore the award for damages in the second
case is paid to such owners.
1t is claimed on behalf of the owners that
the amount Of the assessments was not dis
closed or shown by the District on the trial
of the condemnation case for the extension
of new 10th street, and that no allowance
therefor was made by the jury in its award
for damages.
Matter of Evidence.
In his opinion the city solicitor says: TT
may be true that the District did not offer
any evidence of the former assessments,
but nevertheless it was open to the owners
to do so. Whether the jury made any al
lowance for these assessments in the
amount of damages found would not ap-
pear from the face OF the verdict. The jury
was supposed to consider every element
and all the testimony showing the actual
value of the land taken. and if the value of
the land had been enhanced by the former
proceeding il may be presumed that the
got the benefit such enhancement
in his verdict of damages in the last case.
Il am, therefore. of the opinion that there
is no ground upon which any part of the
assessments made in the first case can be
RENTED and that the rule of the auditor
in requiring payment Of all taxes etc, upon
the land before paying an award of dam
ages should apply as well to these assess
ments as to any other taxes
Extension of Eighth Street.
The city solicitor today also submitted to
the District Commissioners an opinion upon
Senate bill 1858, "for the extension Of sth
street northwest Senator Mcmillan de-
sired the Commissioners to furnish form
of a BILL in lieu Of the one proposed, requir-
ing assessments to cover the cost of the
work to be paid into the treasury before
any payment for damages should be made,
SO that no appropriation would be required
for carrying out the provisions of the act
The senator desired this form of bill in
cases where the property owners desire
street openings for their benefit. The en-
gineer department submitted to the city So
licitor for his review and opinion the draft
to such a bill. In holding against the pro-
posed substitute the city solicitor reviews
several sections of the bill, including that
which provides that the Jury shall assess
the benefits as they may find the parcels
will be benefited, and says that in the
proviso it is stipulated that the assessment
for benefits shall be equal to the damages
together with the expenses of the proceed
ings.
Several amendments to the first seven
sections of the draft are suggested by the
city solicitor who explains that the draft
of the bill when so amended complies with
the request of Senator Mcmillan in the
premises, but, Mr.. Duvall adds, it is more
than doubtful whether a condemnation pro-
ceeding upon such terms ana conditions as
not unconstitutional.
The language of section Z, providing That
on the collection Of the assessments for
benefits the money shall be made available
for the payment of the amounts of the
award as damages for the condemnation OF
the land" and that of section 8, providing
That if these assessments shall not be paid
within one year after the award, all pro-
ceedngs taken under the provisions of the
act shall be null and Void,' is quoted. City
Solicitor Duvall further says: 1T is a very
grave question whether a provision such as
this for the condemnation of land with no
certainty of. payment to the owner salts
fieS the constitutional requirement of just
compensation therefor He adds: THE
courts have gone so far in cases Of land
condemned for public use. as to say that
antecedent appropriation therefor is not
necessary. Such a proceeding is sustain
able upon the theory that Congress will
pay without unreasonable delay for any
land taken for public use
Makes No Appropriation.
In conclusion the solicitor says: The
proposed bill makes no appropriation and
contemplates none to be ultimately made
to pay the owner for the land condemned
for public use. 1t relegates such owner for
payment entirely to a fund to be created
by the payment of assessments upon the
whatever of any payment to the owner,
and the title to his land is involved for