Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-04
PROPERTY APPRA|SALS
In Condemnation for New
Union Station
HEARD BY THE COURT
JUSTICE PRITcHARD LISTENS TO
ARGUMENTS
Proposed Instructions to Commission
ers Make a Lengthy
Document.
HEARD BY THE COURT

OOCumeuC.
Justice Pritchard of the Supreme Court
OF the District of Columbia was occupied
all of today listening to arguments of
counsel In connection with the instructions
to be given the commissioners who will
appraise the value of property In the mat
I ter of the condemnation of land as the site
for the proposed Union station. Certain
of the property owners have entered OBJ
! lection to portions of the proposed instruc-
! lions. as stated. These objections were
explained to Justice Pritchard TO-DAY.
| The commissioners, 1t is understood, Will
be named by the court tomorrow.
b Proposed Instructions.
The proposed Instructions, practically IN
their entirety. follow:
/ I'm squares numbered 715. 116. TIT, oio'
GIT, TO, 72O, 721 and 679 the parcels Of real
estate therein contained are to be appraised
; as several properties: but II the same per-
son owns several contiguous parcels, the
Commissioners may make an award cover
ing the aggregate value thereoI, unlesS
the value of such contiguous parcels for the
purpose of a separate sale OF eacn snail pe
found to be greater than the value of such
parcels for the purpose of sale as 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
I 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 Offer
I ed for sale by one who desires but Is not
/ obliged to sell to one who desires but Is
/ no. Obliged to buy. What might be offered
by one who desired to buy on time for pure
ly speculative purposes. or the additional
, value. If any, the property may have &C.
quired by its designation by Congress as
the site for the union station and terminals,
, should not be considered as a basis for or
in any way influencing the appraisement
IF either of said parcels, by reason of its
location, surroundings. natural advantages
or intrinsic character, is peculiarly adapted
to some particular use by private persons
or corporations. the circumstances which
make up such adaptability may be consid-
cred.
What Must Be Excluded.
I'm determining the value of the several
parcels of land mentioned in this petition
the commissioners are instructed that they
must exclude from consideration the fact
that the location of the union station and
freight terminals by acts of Congress has
created an added demand for the land with
In said area, and that what the petitioner
has paid for land, at present sale within
said area, for the purpose of avoiding con-
domination proceedings, is not criterion
of value.
o The Commissioners shall not take any
evidence offered in behalf of any owner
owners of the several parcels embraced
in said square, tending to prove offers
made to any one more of them by in
tending purchasers or Others to buy said
parcels or any of them at any sum
sums of money, or to exchange the same
for other property or commodity; but they
shall consider any evidence offered by the
petitioner against said owners tending. to
prove their declarations as to the value
of their properties, or their offers of them
at a fixed price: but the Commissioners are
I instructed that said declarations offers
must be so recent as reasonably to apply
to the present value of said properties.
. "If there several interests, as es-
tates for life remainder. leasehoId
and revers1on, in one parcel the proper
course is to ascertain the entire compensa-
ton to be paid for the fee simple not d.
vided into successive interests, but as II
belonging to one person, and then to de-
termine the market value of such estate for
life or leasehold; and afterward by de-
Quoting the same from the valuation of
the fee simple. ascertain the value of that
remainder or reverSton.
A Dover Right.
"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 estimating
right shall value the same at not exceeding
one-sixth nor less than one-twentieth 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 set forth in section 50 of the
code of the District of Columbia and in
the one hundred and third equity rule Of
this court.
The present morey value of life estate
in the whole of any parcel will be estimat-
n
right therein
The market value Of lease is the pres
ent value in money of the residue Of the
term: that is. what it will be worth tabOVe
the obligations of the lease) to an assignee
or purchaser willing and able to assume
and perform the obligations of the lease
When an unexpired term of a lease is
appraised by the commissioners. they will
fix its value, II 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 petitioner; and, if such lease
expire before such actual taking. there
shall be no allowance therefor. and there
Shall be no compensation to tenants at will
or by Sufferance.
'TeEancies at will and by sufferance are
defined in sections 1884 and 1896 of the
code of the District of Columbia.
In Conflict of Ownership.
Where there is conflict as to ownership
of any parcel of real estate, such as claim
of title by adverse possession tax SALE or
otherwise the commissioners will not
dertake to decide the same, but will mere
ly ascertain and report the value of such
parcel irrespective of the question of own
erShip.
The commissioners will take notice that
under the several acts of Congress under
which these proceedings brought that
all streets avenues. ways and alleys, with
In the to be occupied and used for
terminals and terminal tracks. shall be
completely vacated, abandoned and closed,
the thereof granted said rail.
road company. or terminal company eX
cep:ing certain streets and avenues there
in specified.
LAS to private alleys, they will appralse
the present market value of each parcel
OF land included therein. subject to the
perpetual easement for the alleys: the
same to be paid. II found to have market
value, to the persons shown TO be the own
ers of such parcels. respectively.
las to lots abutting upon the alleys. the
special market value of being so situated Is
to be considered and included In the valua-
ton of such lots.
THAT in estimating the value OF proper,