The Washington times., 1902-06-19
Opinion of City Solicitor
Upon Draft of Sem
ate Bill.
CONDEMNATION IDEA BAD
Mr.. Duvall Calls Attention to made
quate Provision for Paying Property
Owners for Land Condemned for Use
OF Thoroughfare.

Mr. A. b. Duvall, the City Solicitor,
has submitted to the District Commits
sioners an opinion upon Senate bill 363S,
for the extension of Eighth Street
northwest" 1t appears that Senator Nc
MILAN desired the Commissioners to fur
nish a form cf a bill in lieu of the one
proposed requiring assessments to cover
the cost of the work to be paid into the
Treasury before any payment for dam
ages should be made, so that no appro-
priation would be required for carrying
out the provisions of the act. 1t further
appears that the Senator desired this
form of bill in cases where the prop
erty owners desire street openings FOR
their benefit.
In accordance with the request the
draft Of such a bill was made by the
engineer department and submitted to
the City Solicitor for his review and
opinion. The latter takes strong ground
against the proposed substitute, arguing
lthe matter at some length.
Suggests Amendments.
Mr.. Duvall reviews several sections
of the bill. especially section 3, which
lprovides that the Jury shall assess the
benefits as they may find the parcels
will be benefited" The Solicitor 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 proceedings.
Mr. Duvall suggests numerous amend
mcnts 10 the first seven sections OF the
draft and says:
"The draft of the bill when amended
as suggested complies with the request
! OF Senator Mcmillan in the premises, but
: 1 have the honor to suggest that it Is
more than doubtful whether a condem-
nation proceeding upon such terms and
conditions is not unconstitutional.
Attention is called TO the language of
section providing that on the collec-
tion Of the assessment 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
Section also provides that If these
assessments shall not be paid within one
year after the award, all proceedings
taken under the provisions of the act
shall be null and void -
Mr. Duvall says It is a very grave
question whether a provision such as
this for the condemnation OF land with
no certainty of payment to the owner
satisfies the constitutional requirement
OF just compensation therefor. The So
licitor states that the courts have gone
so far in cases OF land condemned for
public use as TO say that antecedent ap-
preparation therefor is not necessary.
Such a proceeding is sustainable, Mr.
lDuvall remarks, upon the theory that
! Congress will pay without unnecessary
delay for any land taken for public
use
Property Owner Not Protected.
Concluding his remarks on what he
regards as bad bill, the solicitor says:
1.-THE proposed bill makes no appropria-
tion and contemplates none to be ulti-
mately made to pay the owner for the
land condemned for public use. 1t rele-
gates such owner for payment entirely
TO a fund to be created by the payment
of assessments upon the land of other
people. There is no certainty whatever
OF any payment to the owner, and the
title 10 his land is involved for the space
OF one year in uncertainty. This, it
seems TO me. falls far short of a just
compensation"
Mr.. Duvall also submitted to the
Senate bill 451S, For the extension of