New-York tribune., 1909-07-05

project. only by the passage Of a constitutional
amendment by The Legislature can the abuses o.
the condemnation system be rightea he maintains.
URGES PUBLICITY FOR ABUSES.
This statement continues:
nal Jnde5 date Of JanqaTy ia 81 IaS lag, adresse5 & Tor
CUT IN a general way the abuses inherent in the
system aS applied to New York city. Also. I IN
Commission.
nave sought by reiteration to emphasize the
great need Of remedy IN land condemnation mat
report vii hrine, the Iegisr9t,ire as VII as ia
people. realization OF the immense amounts Of
money which are being wasted under perhaps the
have taken pains in this connection to Try to make
clear 10 the taxpayers just where the evils lie In
subject unless the taxpayers understand first that
second that the board of Water sunniy Itself has
nothing 70 do with the CONFORMATION of land.
TIRE will give New York City this needed relief for.
6rawn from the facts ! am presenting in this re-
port IS that here IN the city the highest percentage
and per cent whereas it is likely thai the Iou-
this 50 per cent is the cosr TrGeT the loose and nm
fair state law which absolutely controls the water
supply condemnation proceedings.
After commencing the Board Of Water Supply
and censurng the Legislature for its condemnation
laws the Controller finds:
That retrenchnlent can be brought about even
under the present unjust aud unwise laws, in the
tal BY curtailtng the advertising. while at the
same time obeying the letter and spirit Of the law
tb) BY requiring commissioners 70 hold longer ses-
sions. thus fastening the making OF awards with
out the grant OF extra time by the courts; which
by The city. as well as the payment Of increased
tc) Ry change in The laws which would permit
The Corporation Counsel 20 notify property owners
IH pelS"l,al Sc-..... instead 9L oy Ne expensive
process s; Of zuperffq&aas & 2lyeTtis4s s-,.
in the trials. who should note tho hour OF meeting
and ad1ou-n7rert so that the court could reEuate
the payment Of fees not by the number OF sessions
'-z- i.r '.-'' lt.'-' 't WI - ''''i.r'
rule: excessive. being FAR above the ascertainahe
That t Tsn9ns5 f9T iFS g8'es sSsr Is qq wSl 70
local commissioners are swayed by sympathy for
That il would apu2er that the percentage Of costs
10 awards Is not likely he less than 80 per cent
for the whole work. whereas Individual case IS
cited In which the percentage Of cost IS more than
IS per cent
NEW YORK LAWYERS CONDEMNED.
Later. the Controller says. he purposes taking NJ
the question claims for daufaEes. some Of which
have already been filed against The city. The law
permits persons employed I'm factories or established
businesses I'm Albany. Ulster and Greene counties .
six months prior 10 January J. 1906. 70 make claim
against the city their wages that six months !
II the factories were destroyed injured by the /
taking of lands I'm those counties. Claims are com
iua in. saws ;ha Controller. based very fusy /
causes and % is reported that LAWYERS iu this city
ar, going out of their &yay 20 solicit claims
such a stirring Up of litigation against New 4
York City in distant places 10y New York attorneys
should a subject OF investigation by the Bar As
sociatjon'' he remarks
The right Of condemnation under which these (.
lands taken the report says IS the states right
Of eminent domain Often the money damages. +
while larger than apparently proper. do com /
psrsate the person whose property IS taken. The /!
farmer who knows his soil and weather and crop /
conditions for instance. may receive liberal awards,
hut his experience with that farm Doe almost useless
when applied : strange farm In another section /
OF the with different soil and climatic coadi-
,ions- The report continues:
It might be well TO leave out in dry report such
as this all sentimental consideration not
;iment. perhaps, the most vital influence upon the /
eollissloHeis IN IetC- ar f m ,i ,@,. In t.,s
than by all the testimony OF the experts and ali the
speeeSs of Of the 9Wye Isis 1t IS the @ pTaa I d4G Fe of
awards over the real or market value Of the land
on the other hand there are TO ha considered the /
land grabbers Two syndicates were formed. says +.
the report: which bought farms outright
discovered at its work. and probably VIII lose by
the transactions in the end The other syndl-
cate OF lawyers which got many cases on the repre-
sentation that they could influence the making Of
large awards These lawyers. under the law. are
assured OF : per cent counsel fees. SO are doing
very nicely
DETAILED CATsKILL EXPENSES
The commissioners ask 50 a day. or session
which rarely is a full day. The courts usually
grant the amount Assuming that fees and ex-
oenses viii reach S1o.o00 for each commission the
total cost FOR seventy real estate sections viii be
lhour $4,000. which. PERHAPS approaches the cost
II the land in the AshokaE reservoir the report es-
inates. except the cost Of the Ulster & Della ware
Railroad. The payment Of considerable interest
,ould he avoided the Controller believes. II the
commissions were 10 sit fun day Of eight hours
.nd he recommends that the official stelographer
tote part OF the record the time Of convening
md adjcurnng all sittings. The commissions are
made Up Of three members. one e whom must be
rom New York County. one from the county IN
which the real estate BE- taken is situated. and
ne other The report says the New York County
men have been found favor lower awards than
he other commissioners. The report gives this
able Of expenses as ot April I. 1873.
dvertisng .-..---. s@s1.4Gs 81
tenoEraPaecs and othe- CLERKS the com
rnsssoncrs ..------- 4l.5o4 Sc
pectal counsel erd expenses. 7ag 80 -
uC g
commissioners a. appraisal.
= ards IN condemnation proceedings. 7Iu.Tn9
interest awards 4S9TR pf {
oGEse fees of parcel owners --......-. 3Ts7j 90
owners 1ocss 50
Those figures would make it appear TO have cost
i0sa.l5S 81 20 condemn s7lo.709 81 OF land. but
his is not true. the report saws. since while only
amount Of r-er1at has faau ueE5 au-1rffS Z