Omaha daily bee., 1903-05-26
TITLE DOUBTFUL AT BEST
City Attorney Finds No Precedent to
Guide Him in Library
Case.

At the meeting OF the library board last
night City Solicitor Snyder submitted the
following report regarding the question OF
commencing condemnation proceedings TO
secure title to the shugart property Sc
lected as the site for the Carnegie library
building:
Under the will of Mrs. Shugart z. L.
Shugdrt holds life estate In this property
and upon his death II belongs to his two
sons and the heirs of their body. share and
share alike, but II either of the sons die
without issue his share is to belong to the
the sons are living, II is impossible TO tell
in whom the title to the property will
eventually vest. The statutes of this state
P66E,de Pot,Os ., that In S order to Sondemn lands
on the owner. There is no provision COW
ering cases where 4 is impossible to make
on trustee Of the property may be con-
strued 10 be service on the owner, but we
have no precedent in this state confirming
this Wow OF the matter.
The only case / have been able TO fnd
In which the facts are similar to those
presented In this matter is Charleston
lean State Reports vol. Xxx, page is)
In that case the testator left his property
to his three daughters for life. with the
Of thep as may be living at their re-
spsetivs deaths. The railway company
condemned part OF the property OF one
daughter a party to the proceedings The
owner OF the remainder afterward brought
action to recover the property. and In the
decision In that case the court has this to
say; III the condition OF the title to the
property. at the time OF the condemnation
proceedings is such that notice cannot be
made upon all interested. notice to such as
are defnitely known 10 be interested would
not be held to be SUFFICIENT to deprive OF
their rights others whose Identity was un-
known, hut whose interest In the prop
efty was ascertainable.
Condemnation proceedings pass title 10
WhateSer interests the parties who took
part In the proceedings have in the prop
esrtE, ana party who could not be notified
Is not bound by the award or Judgment.
In such eases the railway company would
tall 10 acquire perfect title to the prom
erty, and this imposes no greater hardship
upon the railroad company than II does
upon any other person who desires 10 puT-
chase property In which there IL a contIn.
gent interest In someone whose identity
cannot be determined at the time of the
purchase, Condemnation proceedinEs ave
no more than compulsory sale OF All The
owners interest in the property ana mo
one can thus be compelled TO sell who Is
not party TO the Judgment rendered by
pose" ' P''
In view Of the case cited. and from IN,
IAct mat our statute requires notice 10 be
served on the owner and in the absencs
or any precedent wherein such service hs
heen made on = trustee. have grave
aoun,s a whether this property can he CON
nemned 50 as 20 place a perfect title Ia
The same in your board or In the city.
nur supreme court may hold that a good
uue csn ne made through condepnattar
| proceedings. where the facts are as IN thi.
case. hut until n has done so the iii,
"'"n me happening NJ certsin contin1en.
clos would hA somewhat questionable and
| subject ~ attack.
No action was taken by the board be
yond accepting the report and ordering