Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-03
EASTERN BRANCH FLATS
Congress Expected to Make Liberal
Appropriation.
VALUE OF RIPARIAN RIGHTS
Extract From Report of Commits
sioners to Congress on Desira-
bility of Improvement.

The appointment Of Hugh r. Taggart
by the District Commissioners to investi-
gate and determine the ownership OF
/ parau lands along the Eastern branch
IF the Potomac mas brought about re-
uewed interest in the proposed reclama-
tion of the Anacostia fats. Officers of the
citizens associations in the eastern sec
ton Of the city today expressed them
selves as much encouraged at the out
look II is their belief that Congress Will
promptly appropriate a sufficient sum of
money for the beginning of the work.
once the question of ownership of land
along the river is settled.
In connection with the work Of Mr..
Taggart in reporting on the riparian
rights along the stream tie District
Commissioners In a report to Congress
stated:
In the report of the War Department
made in 1898 the assessed value of what
was considered private land was put II
about $1,000 but there can be no ques-
ton that tbe value as determined by a
jury will be many times greater. The
value of the riparian privileges may be
very small on account of the shallowness
Of the stream and the present non -availa-
bility for commercial purposes, but on
the other hand. it may amount to a mil
lion dollars or more.
Area to be Reclaimed.
To Offset this cost there will be in the
commercial section a filing in of GOO or
more acres of land which if the riparian
rights are obtained will belong to the
United States and can be utilized either
as park or sold for commercial use.
This will offset to a considerable extent
the cost of the project and if it is leased
will doubtless give an adequate return
the money spent
Within any reasonable cost. and it is
thought that s3.Oo.o0o or s4O0o,OOO is
reasonable. the desrability of this i'm
provement is extremely great The land
now available for wharfage facilities in
Washington is too limited and the wharf
frontage is now already crowded. To
carry out the project would quadruple the
water front along navigable channel.
In connection with the work Attorney
Taggart will be called upon to perform
while investigating the titles to riparian
rights. report made to the Fifty-ninth
Congress by the Attorney General will be
of interest at this time.
The report. which referred to the owner
ship OF the flats proper, or the submerged
land, was printed as House document 1911.
1t is as follows:
Il have the honor to return herewith
outline map in five sheets. and other
papers, relating to a survey lately made
by the engineer department of lands
owned DN tne L 0lIeQ states WITHIN what
Is known as the flats of the Anacostia
river from its mouth to the boundary line
of the District of Columbia: all of which
papers were transmitted hither by your
department for examination and report
upon the nature of the title to lands en-
braced within said fats in compliance
with the act of July /. 1902
Source Of Title.
THE title of the United States to the
premises under consideration is derived
from the same source and is of the same
nature as its title to what is known as
the Potomac flats which has been ju-
dicially established. (See Morris agt.
United States ia L. S., 1860. II rests
upon the cession made by the act of the
state of Maryland of December %, 1885,
entitled An act to cede to Congress a
district ten miles square in this state,
which was accepted by the act of Con-
gress approved July is, 1880. and the act
of March 3. 1871. amendatory thereof.
and was subsequently ratified by
act of the state of Maryland passed
December 1871. BY this legislation the
United States became invested with the
title to the shores and beds of the navig-
able waters within the limits of the ter
ritory so coded. embracing the Eastern
branch, or Anac0stia river, as it was
then navigable. as we'll as the Potomac
river. which title was held by the United
in trust for public purposes.
The lands included within the Ana
costa flats. as shown by the said sur
vey. appear to be either submerged or
subject TO tidal overflow by the waters
of the Eastern branch. and are part of
the bed of the latter. The accompany
ing papers furnish no information as to
the existence of any private claims af-
fecting these lands. 1t is probable. how
ever. that claims to riparian rights and
wharfing privileges do exist on the part
of owners of property fronting on the
Eastern branch. and the Baltimore and
Potomac Railroad Company. whose tracks
cross the flats in question. may have
claims in connection with it's right of way
upon the same. Subject to the existence
and validity of such claims. if any.
think that the ownership of all the land
embraced within what is known as the
Anacostia flats. as indicated by the afore-
said survey. is vested in the United States
for public purposes