Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-07-17
COMMISSION NAMED
To Appraise Land and Build
ings in Square $50.
ARE TO BE CONDEMNED
SITE SELECTED FOR THE HOUSE
OFFICE BUILDING.
Messrs. Fleming, Oyster and Wilson
Chosen-Justice Anderson Gives
Full Instructions.

MeSSrS. Robert l. Flemlng, James r.
Oyster and Albert A. Wilson were today
appointed by Justice Anderson, presiding in
the Supreme Court of the District of Co
lumbi1. sitting as a district court. commits
sioners to appraise the value of the land
| and buildings in square $780, to be con-
demned the square having been selected as
the site for the proposed office building for
the House of Representatives. The COM
missioners. beginning Monday. will devote
all of next week to personally inspecting
the property. Beginning Monday. the 9th
instant the commissioners will hold public
sessions daily. in all probability, for the
taking of testimony. The sessions will
very likely be held in the room of Circuit
Court No. 1. city hall.
Judge Apderson's Instructions
Justice Anderson instructed the commits
sioners as follows:
THE parcels of real estate contained in
square No. 800 are to be appraised as sew
eral properties; but If the same person own
several contiguous parcels. the Commits
soners may make an award covering the
aggregate value thereof unless the value
of such contiguous parcels for the purpose
of a separate sale of each shall be found to
be greater than the value of such parcels
for the purpose of sale as a whole. in which
case the commissioners may make several
awards.
The several parcels are to be appraised
at their fair market value, with reference
to the most advantageous uses to which
they can be put by private persons or cor
porations; and by market value is meant
what the property would sell for In cash or
on terms equivalent to cash when offered
for sale by one who desires but is not
obliged to sell. to one who desires but is not
obliged to buy; what might be offered by
one who desired to buy on time for purely
speculative purposes. or the additional val
ne, If any, the property may have acquired
by it's selection by the government for the
site should not be considered basis for
or in any way influencing the appraisement.
IF either OF said parcels. by reason Of
its location. surroundings. natural advan-
tages or intrinsic character. is peculiarly
adapted to some particular use by private
persons corporations. the circumstances
which make up such adaptabilty may be
considered.
And the commissioners will make their
Advertisement without consideration or the
fact that specific amount of money Is ap-
propriated by the act of Congress of March
8. 1903.
Character Of Evidence.
1.-THE commissioners shall not take any
evidence offered in behalf OF any owner or
owners Of the several parcels embraced in
said square, tending to prove offers made
to any one or more Of them by intending
purchasers or Others to buy said parcels
or any of them at any sum or sums of
money, or to exchange the same for other
property or commodity; but they shall con-
slider any evidence offered by the petitioner
against said owners tending to prove their
declarations as to the value of their prop
critics. their offers of them at a fixed
price; but the commissioners are instructed
that said declarations or offers must be so
recent reaSOna bly, to apply to the pres
ent value of said properties.
IF there are several interests, as estates
for life or remainder, or leasehOld and re-
version. in one parcel, the proper course Is
to ascertain the entire compensation to be
paid for the fee simple not divided into sue
ceSsive interests, but as If belonging to one
person; and then to determine the market
value of such estate for life or leasehold;
and afterward, by deducting the same from
the valuation of the fee simple, ascertain
the value of that remainder or reversion.
"A dover right In any parcel Of said real
estate is the widows right to hold one
third part In value of such parcel during
her life. The commissioners in estima ting
the present money value of such dover
right shall value the same at not exceeding
One-SiXth nor less than one-twenteth OF
the value of the entirety of such parcel, as
may be just and equitable, according to the
age. health and condition of the widow, as
set forth in section 50 of the code of the
District of Columbia, and in the 1O3d equity
rule of this court.
The present money value of life estate
in the whole of any parcel will be estimated
at three times the value of a dover right
therein.
Value Of a Lease.
1.-THE market value of lease is the pres
ent value in money of the residue Of the
term; that is, what 1t will be worth (above
the obligations of the lease) to an assignee
or purchaser willing and able to assume
and perform the obligations of the lease.
when an uneSpired term Of q Iaaca &c
| appraised by the commissioners they will
| fix its value, If any, and then state the
amount that such sum is to be reduced per
month until the actual taking of the prop
erty by the United States; and. If such
| lease expire before such actual taking
| there shall be no allowance therefore, and
| there shall be no compensation to tenants
| at will or by sufferance.
'Tenancies at will and by sufferance are
defined in sections 1884 and 1886 of the code
of the District of Columbia.
Where there is conflict to ownership
of any parcel of real estate, such as claim
of title by adverse possession, tax sale or
otherwise, the commissioners will not I'M
dertake to decide the same, but will merely
ascertain and report the value of such
parcel, irrespective Of the question Of own
erShip.
As to Alleys.
1.-The commissioners will take such testi-
mony as may be adduced before them bear
ing upon inc question Wnetner the Zee OF
| the alleys as actually laid out in said
| square. under the plat recorded by the
original proprietors a redivision OF the
lots and alleys in said square, is in the
| United States; and they shall report such
testimony to the court, together with an
| appraisement of the present market value
| of each parcel of land included in such al
| leys. subject to the perpetual easement for
| the alley; the same to be paid to the per-
| sons shown to be the owners of such con-
| tributed parcels respectively, in the event
| the court shall determine that the fee
| thereof Is not in the United States
"As to other alleys. they will appraise the
present market value of each parcel of land
included therein, subject to the perpetual
| Gas he ho