The Washington times., 1902-03-16
RIGHT OF WAY FOR
STREET EXTENSIONS

this opinion to the fullest possible extent.
In none Of the street extension bills. how
ever. that has heretofore had your ap-
5roval and that of the District Commit
tees of the House and Senate, has II ever
been sought SO far as | am aware, to as
sess back upon the adjacent property
benefits in excess of 30 per cent, or al
least that amount has always been con
tended for as the specified amount OF ben
eft desired 70 be assessed, and 1t has
actually been secured in only few cases
Where Real Difficulty Lies.
"The real difficulty is that the legisia-
tive mind contempiates a street improved
! through acreage property and declares
very properly. as to leading streets. that
such an Improvement is worth more than
the land taken. but the method of pro-
cedure is wholly different from such an
idea The right of way has heretofore
been taken first and alone, and the OBJ
lection is made before the juries, in be-
half of the owners, that the mere taking
of a right of way confers no actual benz
fit until the same is improved. and IN
most cases the juries have acquiesced in
the correctness of this argument. usually
assessing back on the adjacent land, as
benefits from the right of way, less than
30 per cent of the value of the right OF
way.
.'of course the local government in
tends to improve at some time all rights
of way taken, but this process of sepa-
rating the starting of street into. two
acts is expensive 10 the Government.
which loses by postponing what it might
easily do, and promptly assess as bene-
fit to the extent of the value of the right
OF way This old process is hard on
owners also. for they lose possession and
title. their land being practically subdi-
yided without the streets being opened to
give access to the lots. The delays, ex-
pense, and uncertainty of the present
method are Injurious alike to Govern
ment and citizen.
The new method proposed in these two
bills contemplates that Congress, when
accepting donations for a right of way
and starting in to perfect the whole by
condemning the portions where the own
ers are not sui juris or otherwise indis-
nosed to dedicate shall provide, in its
discretion. for some reasonable amount
to start the actual or physical improve
ment of the right of way concerned, and
that the two benefits thus arising from
commencing the physical Improvement
and perfeeting the right of way shall be
assessed upOn adjacent land owners for
securing the title to the whole right of
way for the Government at little or no
cost.
Large Donations Made.
''The whcie system of street extension
in the District of Columbia was DESIGNED
by Congress with considerable foresight
toward securing donations from property
holders, and We now have method pro-
posed in respect to these two streets un-
der which large donations are made of ex-
ceedingly valuable land. greater in view
of value than any heretofore offered. The
method suggested is economical and ad-
vantageous to the Government, and the
whole plan is an assent by citizens 10
what appears to be the intent and desire
of Congress. These measures and these
proposed donations should, therefore,
meet with full and fair consideration by
Congress and with the due encouragement
to which such liberal acceptance OF The
Congressional purpose is entitled.
The Commissioners are correct in say