The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-23

GREED0F OWNERS
Chairman Of Street Committee
Says City Is Being Held
Up.
WANT EXCESSIVE DAMAGES
Street improvements Abandoned
Because Of Claims of Adult
ting Holders.

IefAt789 ENEllf - lIilS Asl%9 ldES+&If
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Greed OF property owners who are
attempting to hold the city up for
exorbitant and unreasonable damages
is delaying or preventing altogether
great projects for the building OF d
greater city, according to the leading
members of the Council COMMITTEES on
Streets. They represent the situation
as being most serious, the craze for
damagesshaving become so Widespread
and so without regard to justice, that
PROJECTS for city building are either
being, Indefinitely delayed or else
abandoned entirely. Concrete examples
have been recently afforded by some
of the testimony before the Paramount
arbitrator. and in the case OF pro-
jected improvements in Clay Ward.
the Fairmount board dam
ages have been asked In one instance
by q man in front OF whose property
the grade was not changed six inches,
who asserts that a n result OF the
grading his pigeons have died. Otis
ers who signed a written agreement
releasing the city from ali damages,
have come before the board and claims
ed large amounts, far In excessSof the
cost of building granolithic copings
and steps. Every since the annexation.
of 1906 property owners of Clay Ward
South of Main Street have been
9clamoring for improvements commen-
surate with the work done on Floyd
Avenue, Strawberry and other streets
Northgof Main Street.
Clay Wnrd Work Abandoned.
FINALLY, MI. Davis, of Clay Ward,
got through an appropriation Of s1b,-i
600 for the grading of Strawberry
Beverly and other streets south of
Main, and bids were opened for the
work and the contract all but sign
ed.
Property owners made such unrea-
.sonable and excessive claims for pay
because the street would be-
graded in front of their places that
the Street Committee at its last meet
ing, in utter disgust. and with the con.
sent ofHthe Clay Ward delegation, can-i
'celed all the contracts, and transferredf
ing and paving of Main street west.
of Vine, a section in which the grade
has already been established.
There are instances, both5i in tho East
and West End where the Improvement
made by the city In grading streets.
curbing. and providing ~drainage,l
water, gas and street lights, mas en-
HANGED the value Of the property from
rs to 100 per cent, yet even In cases.
where the value has doubled per front
foot, by reason OF the work the city
has done, the properly owners are
claiming damages. and in some in
stances have actually Instituted suit.
AS a result of conditions which have
for practically a year past,
little or no grading of streets is be-
ing done by the city a where the
property owners agree to save the city
harmless. the Street Committees in the
language of Mr.. Lynch. having agreed
to let the others sweat awhile"
Meanwhile the gigantic scheme of
and water mains outlined by
City Engineer Boiling and made,Athe
basis OF a s1,50o.000H bond Issue is be-
ing hampered and delayed to an un-
reasonable extent.
Courts Hold CityaIiablc.
City Attorney Pollard made a con-
creteSstatement of the law on the sit
.uation to the Street Committee Mast
Monday night, and again to sthe Com
mittee on Ordinances, Charter and Res
form, urging that a special meeting of
the Council be called to take action
on the ordinance creating the office of
assessor OF damages. as the only solu-
ton.
Mr.. Pollard explained that under this
old Constitutionethe city of Richmond
might make any .public Improvement
for the general or public good with
out compensation to-the individual
property owner, andtsnnder Colonel
Cutshaw's direction streets on Church
Hill have been cut sometimes as much
us twelve or fourteen feet below
grade, without any compensation be-
ing paid abutting property owners. 1T
being held that there was abundant
compensation in the general enhance
ment OF valuesathroughout the section
by reason Of the city improvements.
The new Constitution says that no
may be taken or damaged
for public use without compensation,
and the Court of A~ppealsshas held.that
the city is liable for n Let dam
age by reason Of chnngesin the grade
of any street or alley, such damage.
If any to be over and above the
'hancement in value by reason OF the
improvements made.
Since that decision the city has been
proceeding to grade. \ d afterwards
asking the Hustingss Court 70 name
a board OF arbitrationto assess dam
ages. which was the course pursued
In Fairm6unt.
Gives No Estimate of Cost,
The proceedings are extensive and
dilatory;; the Yaluationss have been
uniformly high. and the Council and
Street Committee have no Information
in advance az to- what the work will
cost. A&large part Of the annual ap-
preparation for grading streets has
been paid out to property owners.
In damages5SSor else insthe cree
ton Of retaining walls and steps IN
lieu Of cash damages. Mt POLLARD Sc.
cured from the Legislature of 1905
act designed to save time andscost
allowing the city to designate some
omcial as assessor Of damages. whose
duty 1t will be to inspect any block It
is proposed to grade, ! advance Of
the work, With the proflles showing
the depth Of cut or fill, Any property
owner may appealgfrom the decision Of
the assessor within thirty days8tosth
Judge of the Hustings Court, whose
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