Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-12
DRAFT OF THE SUBSTITUTE
Chapter Is Of District Code to Be
Amended.
COURT MAY SET ASIDE VERDICT
United States and District Of Column
bia Designated parties Interest
ed" in Proceedings.

A decided change and Improvement in the
laws of the District with reference to the
condemnation Of any land that may In the
future be needed for public buildings. rights
Of way. sewers or for any use that may be
authorised by Congress. il contemplated by
the Commissioners in the draft Of a substi-
tute for chapter Is Of the Code Of Law for
the District OF Columbia. which has Just
been prepared. Heretofore, under decision
OF the District Supreme Court, neither the
District nor the United States had the
right to appeal from any finding of a COM
mission condemning land, 1t being specif-
cally declared that neither the local nor the
national government were parties inter-
ested.' within the meaning OF the law
It has been found In suits before the
courts under chapter Is that its provisions
are not as clear as might be, and that the
form OF procedure Is not as good as exists
In other laws providing for the condemna-
ton OF land for public USE OF such other
laws, one In the present code providing for
the opening of minor streets or alleys. and
others may be in recent street extension
laws which have been enacted have been
cited as being In more approved form In
the draft which the Commissioners have
prepared the best points In all three meth
DDS Of condemnation have been selected and
incorporated.
Reason for Enactment.
The reason why a separate chapter is
needed Tor COMBINATIONS such as are con-
templated by this section is that in other
cases OF condemnation for the extension OF
minor streets and alleys, as provided for
In the code, and the extension OF other
streets. as provided for under acts Of Com
sress. Is that with the alley cases the Jury
I.
also passes on the question of benefits and
renders separate verdicts for the damages
and the benefits, while in the Condemnation
OF land for such uses as this chapter con
templates, only the net result of the differ
ence between the damages and benefits is
verdict -- 80
For ease of comparison the Commission
ers nave prepared, in addition to the pro-
posed draft of bill, a comparison Of the
present chapter and the proposed chapter
sections being placed side by side
The Changes Noted.
The principal changes are noted In detail
as follows:
Sec. 49, The present section provides
specifically for COMBINATIONS for certain
parties and has general clause FOR any
other municipal use authorized by Con-
gress The new section provides for anv
case OF condemnation, whether the fee OF
the lana Is taken or merely a right of way:
I'm, tue chaEge In this section Is only in the
Hne OF improvement In the wording.
There is no change in Sec 4s4
Sec. 4So-This change concerns the ones
ton OF notice. The present section pro-
sides for personal service OF notice, which
~ very dlfncult to get. The proposed Sec
tor provides for notice by publica tJon az
Is now the practice in street extension
cases, and for personal service where prac-
Iicanie. II also provides that parties who
W fho ypSHN
shall for the District of Columbia shall re-
ceive personal service
Provision for Payment.
Sec. 4s6. This section provides for nay.
ment. The changes made provide for pay
ment in cases of dispute of title into the
court instead OF into the United States
treasury. 1t having been found that other
procedure cannot be followed under treas
ury rulings. 1t also provides that the Jury
shall take into consideration when ONLY a
part or tract Is taken, and the benefits
70 the remainder, and to deduct the same
from any damage for the land taken
Sec. 4S. The present section provides for
the impanelfng of a jury In the case upon
dissatisfaction on the part of parties inter-
ested with the finding Of the commission
Ihis section was the subject of judicial
decision by the Supreme Court of the Dis
trict OF Columbia, 1t being decided by the
presiding Judge that neither the District of
Columbia nor the United States were par
ties Interested within the meaning of that
term, and that, therefore neither could ask
for jury in case 1t was dissatisfied with
the finding Of the commission
Made parties Interested
The new section specifically inserts the
words United States" ana the words
Commissioners Of the District of Column
bia' In order that the United States and
CT f4% xt-t-k
to jury as are given to the parties whose
land Is being condemned. The balance of
the section merely refers to the method of
impapelfng the jury. but reduces also the
number OF turymen from seven to five. this
number being all that is provided for at
present In the code with reference to the
condemnation of land and minor streets
Section 4Ss. This section provides that the
jury shall take benefits into Consideration
in awarding damages. Under the present
code the commission cannot take such ben
ehts into consideration. though the jury
could. but made the proceeding an Illegal
one. The present section Is proposed to
correct this defect
The New Section.
Section 4S9. Tho proposed new section
provides for the action of the court on the
verdict of the fury. and gives the court the
right to set aside the verdict when II Is
unjust or unreasonable and to impanel a
new jury. 1t further limits the right of the
dissatisfied party to except or to object TO
the verdict within ten days instead of Ieav-
Ing 1T in the discretion Of the court This
action may he taken by the United States
or District or by the parties whose land is
being condemned
Section 40 The present section provides
for payment. The proposed section also
provides for payment, but Is believed to be
more complete than the present section,
Section 4a1. Gives the right to the Dis