The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-04-02
EXECUTIVE HOME:
No Steps Yet Taken to Pro-
vide An Official Residence
for the Governor.
Especial 70 '.The Jersey city News-''l

Especial 70 tHe Jersey lily WE'VE j
TRENTON, April ,. lso2s-No steps have
yet been taken under the act Of Senator
Mccarter authorizing the State House
Commission TO procure additional grounds
on either side of the Capitol and 10 pro-
vide an executive mansion for the present
ana future Governors OF the State This
bill, over which there was SO much con-
troversy passed both Houses Of the
Legislature. bur has mol yet been signed
BY the Governor That 1t viii meet with
the Executives approval is regarded as q
foregohe conclusion since It was intro
duced at his behest.
The appropriation which was made to
carry out the provisions Of the bill and
under which saZ.5oo became available at
once. contemplatss the acquiring Of the
residence of Mrs. ehaFles z. Green 10 the
west Of the Cepitoi for An executive nssn-
sion Mrs Green has no desire TO dis
pose OF her property. but. on the contrary.
Is most anxious 70 continue to live In it.
Unless she should conclude that 1t is USE
less to contest the latest notion Of the
statesmen. 1t will be necessary to resort
! to condemnation proceedings II the pro-
visions Of the act are to be put into effect.
The act provides that the tSate House
Commission may acquire by gift, grant,
purchase condemnation. through munici-
pal action or in any other lawful manner
land not exceeding 100 feet in each d.
rection on either side Of the State House.
While It has generally been accepted that
the State could resort to condemnation
proceedings should it see fit, the course
| OF procedure in such an event has been
more or less a matter of doubt.
1 The authority of the State to seize or
| condemn lands for it's own uses is de-
rived under the common law. but the
arbitrary powers of the State in this di-
rection are limited by the constitution,
which provides that whenever land is 80
taken just compensation should be paid
/ the owner thereof.
/ The manner of procedure in such eases
! is fully set forth by an act Of the Legis-
lature of 1900. the provisions of which
show that theS tate would have to un-
dergo numerous formalities before i.
could acquire Mrs GREEN'S property by
/ condemnation.
The act first provides that whenever
/ the proper officers of the State shall have
determined to acquire land or other prop
erty pursuant to authority conferred by
law and cannot do so otherwise, the COM
pensation shall be ascertalned in the man
I ner prescribed in the act. In the pres
i ent case this would first require the
/ presentation by the State House Commis-
sion of a petition to one of the Justices
I of the Supreme Court for the appoint
ment of three commissioners to fix the
compensation The petition must con-
| tain full description of the land.
The justice is then to fix the time for
the hearing within ten days of the date
of the order, notice of which must be
given to all the parties in interest. The
4 Commis sioners. having been sworn te
faithfully perform their duties must ex-
anime the property, appraise It's value
/ and assess the amount 10 De paid by the
/ petitioners.
Upon the fling of the report Of the
! Commissioners and upon payment or ten
/ der OF payment of the amount awarded
4 having been made, the State is authorized
/ to take possession of the property, due
I evidence having been filed with the Coun-
| ty Clerk.
The act provides for an appeal from
| the report of the Commiss 1ers TO the
| Circuit Court. in which vested the
right to hear and adjudge the same. The
! appeal must be heard by struck jury
/ and the issue tried in the same manner
I as other cases in the court. II the jury
finds greater sum than the Commits
sioners awarded, then the costs are as
sessed against the p etitioner, but II not,
against the appellant.
The taking of an appeal by either party
does not, under the act of 1900, prevent
the petitioners from taking the land
upon the filing Of the report and the ten
der of payment.