Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-11-20

dover right therein
Market Value of Lease
The market value of a lease is the
present market value in money of the
residue of the term, with reference to
the most advantageous uses to which the
same can or may be lawfully put by prl-
vate persons or corporations. that is what
it 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 unexpired term of a lease is
appraised by the commissioners they Will
fix its market value, if any, and then, II
they find il has any present market value,
state the amount that such sum is to ne
reduced DER month until the actual tax
ing of the property by the United States
and. if such lease expires before such &C
tuaI taking. there shall be no allowance
therefor: and there shall be no compensa-
tor to tenants at will or by sufferance.
.Tenancies at will or by sufferance are
defined in sections 1904 and 1896 of the
code of the District of Columbia.
Where there is a conflict as to the
ownership of any parcel of real estate,
such as a claim of title by adverse pos
session. tax sale or otherwise. the COM
missoners will not undertake to decide
the same but will merely ascertain and
report the value of such parcel, irreSpec-
tive Of the question OF ownership
Fee of the Alleys
The commissioners will take such tes-
timony as may be adduced before them,
bearing upon the question whether the
fee of the alleys as actually laid out in
said squares under the plat recorded by
the original 7ropretOrs a rediviSion of
the lots and alleys in said squares is in
the United States; and they shall report
such testimony to the court together
with an apprdiSement of the present
market value of each parcel of land in
e. n q
petual easement for the alley: the same
to he paid to the persons shown to be the
owners of such contributed parcels. re-
spectively. in the event that the court
shall determine the fee thereof is not in
the United States.
AS to the other alleys, they will ap-
praise the present market value of each
parcel of land included therein subject
to the perpetual easement for the alleys,
the same to be paid, If found to have a
market value, to the persons shown to
be the owners of such parcels respec-
lively.
the special market value of being SO sit
uated is to be considered and included in
the valuation of such lots
Profits of Business.
No compensation can be allowed for
the loss of future profits of business. or
for injury to business, or for the ex-
penSes or inconvenience of moving, or
for loss in value to fixtures except such
loss as necessarily results from the care
full removal thereof: nor can the difficulty
or procuring other places of residence
or for business purposes be considered,
except in so far, if at all. as they may
find such difficulty to affect the market
value of the property taken And the
commissioners are instructed that only
just compensation for the parcels of real
estate actually taken is the subject OF
their inquiry. and with claims for dam
ages they have nothing to do.
IF in the proceedings of the commits
SionerS any controversy should arise be-
tween the representatives of the govern
ment and the owner of any parcel OF
land or any interest in or concerning
the same, as to whether anything is or
is not a fixture within the meaning of
this instruction, the commissioners will
separately appraise the value of such
disputed object and report the facts in
regard to it to the court with their final
award.
Assessed Value Of Lots.
'lnasmuch as the assessment of the
property in question for purposes of taxa
ton was not made by the United States
nor by the owners, and was made for
purposes entirely different from and alien
to this condemnation, the commissioners
are instructed that they shall take no
evidence with respect to the assessed
values of the lots in question any OF
them or give any consideration thereto.
The commissioners will themselves
view the several properties. and they Will
also hear such parties in interest as may
demand to be heard touching the value
of their respective interests, and may
take other testimony not herein excluded.
as to values; to which testimony they are
to give only such weight as in their
Judgment it may be entitled to: and they
may, in their discretion. subject to a
review of the court. limit the number
of the witnesses to be examined upon
any particular branch of the case.
The petitioner will first be given an
opportunity to offer such evidence as may
be desired touching the boundaries of the
several parcels embraced in the squares;
then the several owners and other par
ties in interest may introduce evidence
in such order as to the particular parcels
as the commissioners may deem conven-
lent. touching the values of their respect
i've interests. The petitioner may then in
troduce evidence iii reply, and the owners
and other parties in interest may intro
duce rebutting evidence. Property owners
shall open and close argument
Sittings in Courthouse.
1.-The marshal will provide suitable ac-
commodations for the sittings of the COM
mission in the courthouse building. and
will in person or by deputy attend it's
sessions and preserve order during the
same and will summon such witnesses as
may be desired by any party to the
cause The expense of service of the
summons, as we'll the clerks fees for
issuing subpoenas, and the attendance
fees OF the witnesses are to be paid
by the United States as a cost incident
to the assessment
THE commissioners will fix the days
and hours for meeting and the length of
their sessions, but should proceed with
all reasonable dispatch to the completion
and return of the assessment, and all
APPOINTMENTS should be to d day and
hour certain.
Having completed their labors the
commissioners will return their appraise-
ments, in writing, to the court