New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-10-17
CONDEMNATION AMENDMENTS
Borough President Miller Advocates
Their Adoption by the People.

To the Editor Of The Tribune.
Sir. In November two constitutional
amendments viii be voted on, relating 10
the condemnation OF real estate for public
purposes.
The first IS known as the excess con
domination amendment" Its purpose is 70
amend Section s OF Article 1 OF the Con
sttutlon by adding thereto clause TO read
as follows:
When private property shall te tak~ for
public use by a municipal corporation, hu-
dftioral. adjoining or neighOOr-ug properly
NAV ne taken under conditions 70 te pre-
.c-ihed rv the Legislature by general Ia ".
Property thus taken shall he deemed 70 ne
taken for public use.
At present or1v property actually needed
for public Use may be taken. Tn q street
opening. for instance. Il may happen that
mart NJ a Tor IS taken, for which practically
the rlu value of the lot may De given,
leaving the rest Tor the owner His neigh
lo~s may be assessed 70 pay him nearly
the whole value. md yet leave him VAL
liable property on the other hand. some
times the owner is left with q part o. a lot
which ua cannot use without loss. II the
CITY takes the whole lot r. MAY be able 70
propertv taken and sell IL 70 such advan-
taee as 70 reduce very much the cost OF
the Improvement Also. the street now
may take nearly tie whole lot. leaving a
narrow strip 20 cut Of the frontage from
another lot.
n the law ba amended 81 that the city
NAV take the whole property end sell Off
what IL does not need after che improve
r1ent is made. It win result iu great saving
iu many cases.
The policy ~ excess condemnation IS fol-
lowed very generally and with most salts
factory results I'm Europe. II London the
first Improvement made was the creation
OF Garrick street. I'm 1861. when T. per cent
Of the cost ~ the land ard construction
was recouped through the sale Of The sur
plus property In the making ~ Southwark
street. I'm lS4, 81 per cent Of the expense
was recovered. and IN the case OF Queen
Victoria street. which was finished In 1871.
the recruitment amounted 70 90 per cent.
In the construction Of Northumberland ave-
ME. which was completed IN 1876 the
amount realized from the sale Of the sur
nlusage was nearly $1,000 greater than
the original cost OF the land and improve
ment.
The second amendment MAJ he called the
condemnation by the Supreme Court with
or without a jury amendment. II amends
Section ~ Article I Of the Constitution
by changing II 20 read as follows.
Section :: When private property shall
be "a ken for any public use the compensa-
non 10 be- made therefor, wren sucn com
rensation is not made by the state. shall
b. ascertalned by a jury, by the Supreme
Court with or without a jury. or Dy nor
less than three commissioners appointed
nv a court OF record. as shall be prescrib "a
by law
II provides that the Legislature may pre-
scrib. that condemnation damages may be
ascertained by the Supreme Court. with or
without n jury instead OF by three com
missioners. as al present
You can understand readily that n CON
dennation cases were placed on the caen-
dar OF the Supreme Court Ike any other
cases. and tried by a Judge under uniform
rules of procedure. II would result IN
very great saving over the present slow.
cumbersome and expensive method
CYRUS C.. MILLER.
President Of the Borough OF The Bronx.
New York oct H. 1911