Evening star., 1909-09-04
The Mall-Avenue Lands.

Any prolongation of contests over the
awards of the commission OF condemna-
tton in the case of the lands lying on
18th street between the Mall and the Ave-
nue. would operate to the public disad-
vantage In further delaying the acquisi-
ton of those properties for the important
uses for which they have been selected.
The law providing for the condemnation
was carefully drawn to safeguard as far
as possible the rights of the individual
property owners, and the commission
adopted unusual means to arrive at an
equitable conclusion as to what consti-
tuted a fair appraisement. Naturally
each owner has felt himself menaced with
loss and has endeavored to keep the award
to the highest possible point. Had the
estimates placed upon their properties by
owners been adopted without question
the total for the entire tract would have
been nearly twice as much as the appro-
priation made by Congress for this pur-
pose. Such an award would have either
seriously checked all public building en-
terprise in the city of Washington or
led to a new enactment more drastic in
its terms with respect to the exercise by
the government of the right of eminent
domain.
The opinion Is expressed by those quail
fed to read the law that no appeal is per-
missble from the award of the commits
sion after it has been approved by the Dis
trict Supreme Court and when the order
for the payment of the money has been
signed. This is a question of statutory
Interpretation which may lead to some
interesting proceedings. 1t may be OBJ
hot fh0
Of land condemnation for public purposes
is considered as an inevitable procedure,
the question of compensation being subor-
dinate to that Of the immediate procure
ment of the land and its application to
the proposed uses. In other words the
necessities of the government are consid
cred as paramount and the judicial proc
esses are trusted to insure an equitable
return to the owners and to guarantee
against conflscation.
Apart from individual interests involved
the people of Washington hope to see
Congress at an early day provide for the
wholesale taking for government uses of
all the land lying between the Avenue
and the Mall and the Botanic Garden and
18th street. Had this been done ten years
ago when it was urged upon Congress for
the sake of then imperatively needed pub
lie improvements, the ultimate cost to the
United States would have been much less
than through a course Of piecemeal con-
demnation, each separate taking adding
to the value Of the remainder.
1t is due to the property owners within
this prescribed area to relieve them as
early as possible from the menace of con-
demnation by actually taking their lands.
They are at present hampered In their
improvements, uncertain of their returns
in the event of expenditures for better
ments and even for repairs and subjected
to public criticism for their lack Of en-
terprise in the development of their prop
critics. They will be justified in demand
ing at the next session that Congress
take them from this anomalous situation
by either condemning the lands by whole
sale or else declaring once for all the
governments intention to locate its build
ings elsewhere.