Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-03-26
CHANGE IN PROCEDURE
CONDEMNATION OF LAND FOR
STREETS AND ALLEYS.
Provision for Jury of Five Citizens in
Late Enactment-other
Notifications.

Mr.. A. Leftwich Sinclair. the assistant
corporation counsel. who is in charge OF
proceedings for the condemnation of land
for streets. alleys. water mains, sewers and
other municipal purposes. in conversation
with a Star reporter yesterday afternoon
called attention to radical change in al
ley condemnation proceedings in the Dis
trict OF Columbia, and proceedings to con-
denim land for the opening of minor streets.
brought about by the act of Congress ap-
proved February 90, 1905, and entitled AN
act to amend chapter ffty-five of an act
entitled An act to establish code of laws
for the District of Columbia -
Under the old law proceedings for the
opening of alleys and minor streets were
not instituted in the Supreme Court of the
District of Columbia, sitting as a United
States district court, as are all other con-
domination proceedings, Mr.. Sinclair ex-
planned. but were taken before the United
States marshal for the District of Column
bia. The practice was for the District
Commissioners, through the president of
the board, to make an application in writ
ing to the marshal to summon and empanel
jury of twelve disinterested citizens to
condemn the required land.
Upon the impaneling, the jury would
meet and view the land to be condemned
in the presence of the marshal and per-
sons interested, and, after hearing evil
dence as to the value of the land to be
taken, the jury would make out its ver-
dict and file one copy of 1t in the Office of
the Commissioners and one in the Office of
the recorder of deeds. Here the proceed
ings ended. The law did not provide for
any proceedings whatever in court, and for
this reason 1t was always regarded as very
unsatisfactory to the authorities
Change Under Late Enactment.
The act of February D. 1905, provides
for proceedings in court similar to the pro-
ceedings for the condemnatio of land for
other purposes. 1t sets forth that when
ever it becomes necessary to open, widen,
extend or straighten alleys or minor
streets. by condemnation, the Commission
ers shall institute proceedings in the Su-
preme Court of the District of Columbia
sitting as a district court, by a petition
IN rem particularly describing the land to
De taken, which petition shall be accom-
panied by duplicate plats to be prepared
by the surveyor of the District showing
the courses and boundaries of the alley or
minor street proposed to be opened, wild
ened, extended or Strengthened the num-
Der of square feet to be taken from each
lot or part of lot in, the square or block.
showing the existing alleys or minor streets
IN the square or block, and such other in
formation as may be necessary for the
purposes of such condemnation. Upon the
ming OF such petition, the act requires that
one copy of the plat, Endorsed with the
docket number of the case. shall be re-
turned by the clerk of the court to the
surveyor for record in his office
instead of requiring that notice of the
proceedings shall be served personally upon
persons interested, did the old law, the
act provides for public notice by ADVERTISE
ment III such manner as the court shall pre-
scribe, warning all persons having any
interest In the proceedings to attend court
at day to be specified in the notice and
10 continue in attendance until the court
shall have made its final order ratifying
and confirming the verdict of the Jury.
Jury of Five Citizens.
The proceedings to condemn land for the
opening of alleys and minor streets will
differ from the proceedings in other cases
according to Mr.. Sinclair, in this: that the
hearings will be before a jury of only five
citizens and they must take place in the
presence of one of the justices of the Su-
preme Court of the District of Columbia
The act provides, in terms, that all hear
lngs In such cases shall be in the pres
ence of the court and under its supervision
and direction" The law does not REQUIRE
the presence of a judge at the hearings in
any of the other condemnation cases
This act, Attorney Sinclair thinks is a
great improvement over the old alley law
and 1t contains provisions which will benefit
both the citizen and the municipality One
very negotiable and unjust feature of the
old law, in the opinion of the assistant
corporation counsel, was the provision re-
curing the jury to assess the entire cost
of the condemnation upon the land lying
in the square or block in which the alley
was to be opened. The new law enables the
jury to extend its assessments for benefits
to the land In the squares or blocks con-
fronting the square or block in which the
alley or minor street is to be opened, ex-
tended, widened or Strengthened, when they
find that the benefits will extend thereto.