Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-11-20
TO GUIDE APPRAISERS
Court Gives Instructions in
Condemnation Case.
VALUE OF FIVE SQUARES
Worth Will Be Determined in Ac-
cordance With Rules.
COUNSEL NOTE EXCEPTIONS
Messrs. Truesdell, Dulany and
Swartzell, the Jury, Soon to View
the Realty Concerned.

George Truesdell. H. Rozier Dulany and
George w. f. Swartzell, the commission
appointed to determine the value of the
five squares south of Pennsylvania
avenue between 14th and 18th streets
were today instructed by Justice Ander-
son as the elements of value to be con-
Sidered by them in arriving at the amount
of money to be paid by the government
for the property sought to be condemned.
The instructions, seventeen in number.
deal with every phase of the question
of damages which have appeared to the
numerous counsel employed in the case.
The directions to the commission are the
result of the courts consideration of
many requests for instructions offered
both on behalf of the government and
the property holders and tenants inter
ested. Many exceptions were noted on
both sides to the instructions as deter
mined by the court and to the refusal
of the court to adopt others suggested.
The commission is expected to view the
property during the next three weeks.
and the hearing of testimony will likely
be commenced about December 10.
Text of the Instructions.
The instructions as given follow:
''The parcels of real estate contained
in squares Nos. 226. 227, %, 229 and go
are to be appraised as several properties,
but If the same person own several con-
tiguous properties the commissioners
shall make an award covering the aggre-
gate value thereof, unless the value of
such contiguous parcels, for the purpose
of a separate sale of each, shall be found
to be greater than the value of such
parcels for the purpose of sale as a
whole, in which case the commissioners
shall make several awards.
THE several parcels are to be appraised
at their present fair market value, with ref
erence to the most advantageous uses
to which they can Or may be lawfully
put by private persons or corporations;
and by present market value is meant
what the property would sell for in cash,
or On terms equivalent to cash, when
offered for sale by one who desires but
is not obliged to sell, to one who desires
but is not obliged to buy; but the addi-
tiOnal value, if any, that the property
might have acquired by it's selection by
the government, for the site should not be
considered as a basis for or in any way
influencing the appraisement.
Peculiar Adaptability.
IF either of said parcels by reason of
Its location, surroundings, natural ad-
vantages or intrinsic character is pecu-
liarly adapted to some particular use by
private persons or corporations, the cir
cumstances which make up such adapta-
oility shall be considered
And the Commissioners will make their
appraisement without consideration of the
fact that a specific amount of money is
appropriated by the act of Congress of
May ~, 1908.
The Commissioners are further in
Structed that in determining the most
valuable use to which any of the property
to be condemned can be put they shall
receive evidence touching the most val
liable use to which it has in fact been
put
THE commissioners are instructed that
In ascertain1ng the value of the use tC
which the property is or can be put, they
shall not consider. an item of evidence
the profits derived from the business here.
tofore carried on upon such property.
Evidence of Offers Excluded.
THE commissioners shall not take any
evidence offered by any owner or owners
OF the several parcels embraced in the
squares, tending to prove offers made tC
any one or more of them by intending
purchasers or others to buy said parcels
or any of them at any sum or sums OF
money, or to exchange the same for any
other property or commodity, but any
recent bona fde sales made before the
passage of the act of Congress in ques-
ton of lots similarly situated to those in
the squares to be condemned, or any OF
them, and adapted to similar uses. or re-
cent bona fide contracts made before the
passage of the act, with land owners foI
the sale of other lands in the vicinity
e-fy s1<,,, <,,t 1,x
the commissioners looking at all the cir
cumstances of these sales or contracts, in
the determination of the ultimate question
of value.
THE commissioners shall also consider
any evidence offered by the petitioner
against the owners tending to prove thelI
declarations as to the value of their re-
Spective properties, and their offers OF
them at fixed price, but said declara-
tions or offers must be so recent as rea-
sonably to apply to the present value OF
said properties. and the commissioners
are further instructed that said declara-
tions or offers are to be taken only against
the parties making them and cannot be
used in determining the value of prop
erty belonging to others. The commls-
SionerS are also instructed that they can.
not consider any admission as to value by
any owner made In the form of an offer
to sell or otherwise without receiving
testimony as to the circumstances under
Wn1Cn Inc SdlO ADMISSION Ut Ouer Was
made.
AS to "Several Interests"
eff there are several interests, as es-
tates for life, or remainder, or leasehold,
or reversion in one parcel, the proper
course is to ascertain the entire compen-
sation to be paid for the fee simple not
divided into successive interests, but as if
belonging to one person. ana then to de-
termine the market value of such estate
for life or leasehold, and. ssfterward. by
deducting the same from the valuation
of the fee simple, ascertain the value of
that in remainder or reversiGn. But when
the fee title is vested in a trustee for
the benefit of person for life. with
remainder over, then there shall be but
one valuation.
"A dover right in any parcel of said
real estate is the widows right to one
third part in value of such parcel during
her life. The commissioners in estimat-
in gthe present money value of such dow
er right shall value the same at not ex-
ceeding one-sixth nor less than one-twen-
tieth of the value of the entirety OF such
parcel, as may be just and equitable. ac-
cording to the age. health and condition
Of the widow, as set forth in section 80 of
the code of the District of Columbia, and
IN the 1O3d equity rule of this court
1.-The present money value of the life
estate in the whole of any parcel will be
CONTINUED on Fourteenth Page.)