New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-10-26
TO LESSEN DAMAGES.
Bassett Has Remedy for Big Azcards
in Brooklyn.

Commissioner Bassett Of the Public Service
Commission, gave out a statement yesterday in
regard the issues raised by the recent damage
awards OF the Appellate Division OF the Supreme
Court 70 WiIhelnus Mynderse and George b Al
bolt, owners OF property in Joraler1on street.
Brooklyn because OF he construction OF the sub
way The court upheld the contention that be
cause in a large number Of Brooklyn streets the
city does The fee of the street but merely
has certain easements in il. special damages were
due 10 the property owners.
II this construction is sustained by the Court of
Appeals, il will create enormous costs for damages
although the property thus affected is in reality
enhanced in value by the construction Of the sub
way. Commissioner Bassett suggests a way of cir
cunventing the difficulty. which Is that the city
should first institute proceedings acquire the fee
Of the streets through which subways are 10 be
built The cost Of such proceeding would fall on
property owners unless they should the fee
70 the city. which would be very probable out
come. When once the fee Is acquired or coded
there would be no chance 10 collect special damages
in such actions.
Commissioner Bassett says in part the sub
tect.
The situation as saown in the JoraIernon street
usual public uses; that passenger subway is
o sgch Use La III us s1 tFa he ' is
therefore entitled substantial damages % for
the 2ss o. n nus PFf hst e6 ss sf b f
is plain, for instance, that If an abutting owner
owns the fee Of street he can project vaults into
the street because it Is his own property, but such
construction interfere with usual PUBIC
uses Therefore a substantial right Is taken away
when ne Invested Of his underground property
Before consolidation street opening concentrations
would result IN giving s5utting owners only nom
inal damages for easements taken for street puI-
poses, but since consolidation substantial awards
have been made on the condemnation Of land Tor
Brooklyn streets because the fee Itself has been
taken. These awards MADE Ly coAd en7natlon COM
missions have however. been Of small amount
/ from 81 cents 70 % per foot front
Controller Metz's estimate Of S25 Co9."3 damages
against the city account Of the subway con
struc1ien in Joralernon street, Fulton street and
Flatbush 4Sea IL IS probably much 100 large Full
ton street partly, II not wholly. an old Dutch
road and. therefore. the rule would not apply
as in Joralenon street
In case the rule for the measure Of damages
edopted by the Appellate Division IS sustained by
the Court OF Appeals, and large damages are IN
such case granted, the only way Of meeting the
situation will start street opening proceed
ings on every street where q Brooklyn subway is
intended. then open II fee street. assessing
tie damages the AUDITING owners Then When
the city owns the street fee street the SUBWAY
can he conetructed without having the city mucted
in large damages because II TIED TO bring RAPID
transit facilities 10 the section in question IN
other words Il the Court Of Appeals confirms TINS
decision steps will need 10 be taken by tbs city 10
have abutting property owners pay for opening
their oun streets as modern streets-that is; fee
streers-before the city wil place subways IN tsTr