The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1909-12-22
ON TRAIL Of
STOLEN LANDS
ONO AFTER MANY MILLIONS
Eight Railroads are Included in
Actions To Be Begun by
Denman.

COLUMBUS, o., Dec. 21.-Petitions
for the recovery of about 5000 par
cells of land. valued in the aggregate
at S12,000,0 900, have been prepared by
the state board of public works
Besides hundreds of individuals,
eight railroad companies will be made
defendants in the actions, which will
be instituted nv ATTORNEY General u
G.. Denman.
The land for which the state pro-
poses to sue lies along the $50 miles
of the canal system of Ohio Some
Of It has been for 40 years in tho pos
session of the parties abont to lie
sued.
State Also Demands Rent.
In addition to recovering the land.
it is the intention of the state officials
to sue for rentals while it was ad-
versely occupied.
The doctrine of the statute of liml-
tations does not run against the state
and therefore no, trouble is expected
after the right of the commonwealth
to the ownership of the land is estah-
lished
For more than a wear the board of
ment of the state have been quietly
at work with corps of engineers
surveyors. photographers. and expert
real estate title examiners
Old records have been examined
old lines resurveved. and pictures ia
ken of structures that have been
erected upon the property which will
be in dispute when the actions arr
begun.
First Suit to BE i'm, Akron.
The work of preparing the petitions
mas been under wav for some time
The first of the suits will be institute
ed to recover property at Akron now
occupied by the Baltimore and Ohio,
the Erie. and the Cleveland, Akron
and Columbus railways and valued ut
$260.000.
Within the last month the state was
victorious in a suit to recover a tract
of land in Cleveland, said to be worth
100000, which was given by that
municipality TO the Cleveland and
Terminal Valley railway, and after
ward turned over to the Baltimore
and Ohio railroad company.
In making the decision the courts
the celebrated action in Cincinnati
fifteen years ago, when the state re-
covered the valuable Egleston avenue
property, which hau been taken over
by the Pennsylvania railroad COM
pany as link in a highly valuable
belt line railway system.
Other Land Recovered.
During the year the board of public
works also recovered valuable lands
in the city of Hamilton occupied by
the Cincinnati, Hamilton and Day
ton railroad company. and secured n
back rental of $4,000. Afterward the
land was leased to the company and
is now contributing a handsome rev.
enuo for the benefit of the canal de-
partment.
With these recent decisions in view
the state officials are confident they
will meet with the same success in
the suits which are now ready to be
laid before the courts.
1t has been made certain, through
the investigation that state land is
being held by private parties and pub
lie corporations in New Philadelphia
Canal, Dover. Newark, Coshocton,
Trinway, st. Mary's, Defiance, Dayton,
Chillicothe, Portsmouth, Toledo, and
in practically every city and village
along the lines of the three grand
divisions of the canal system.
Even Canal Bed Is Taken.
In Newark it is said that not only
have the railroads taken the banks Of
the canal, but that they are in actual
possession of the bed itself. The rail-
roads that are involved are the Erie,
Pennsylvania, New York Centra1, BAL
tim and Ohio, Cleveland, Akron
and Columbus, and the Wheeling and
Lake Erie.
Outside Of the municipalities it has
been learned that many farmers have
encroached upon stare land and that
there are hundreds upon hundreds OF
acres of it under cultivation.
The policy of the state board will be
to afford an opportunity to those
"squatters' to settle for their occu-
pancy and, in cases where the land
is not actually needed for canal pur-
poses, to make a lease at an annual
rental based upon a fixed percentage
of the value of their holdings. This
was done, as stated, in Cincinnati and
in Hamilton.