Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-10-07
Taking of Property.

Taking of Property.
The formal hearing was held in the
grand Jury rooms and began ar 1920
4. ii. Judge Benedict r. Maher
opered for the Lancaster interests.
reciting in detail the story of the TAX
ing Of the property in the vicinity of
Carleton pond formerly owned by Mrs.
Nary I. Lancaster. by the Water Dis
tr;ct. under tile right OF eminent do
main. and subsequent litigation. The
right to take the land had been de-
cided hy the supreme court and his
client was nov before the County
Commissioners. the peoples court up
on the matter Of condensation
The farm in question was a 30 acre
farm. claimed To be heavily wooded
Council enumerated the property taken
as follows: For pipe line, 1911 feet
long and 30 feet wide through heavily
wooded land. a right of way 1890 feet
long and 30 feet wide through the coli
| ter of the farm: takings on the short
frontage Of between "A and 16 acres
which were claimed To be valuable for
cottage lots Counsel claimed as an
| clement Of damage the preventing d
| cccss to Carleton Pond, which pre-
vented the easy marketing of half :
million feet Of timber and 5000 cords
Of wood contained upon the Lancaster
nropertv.
Attorney Williamson put in as ext.
dence the charter and acts of the Va
ter District and records of the vari=
ous takiugs by the District upon tba
Lancaster farm 1T various tunes our
Ing the years 1876 and 1906.
Attorney Andrews asked Tor pgrlnis-
sieh Ia state at tiiiS time the aet'
District position III regard 10 "iial
Wa9 actually taken ana the danas'
suffered by Mrs. Lancaster, anu tae
PERMISSION was granted. ne saio ti."'
the District was not authorlzea pE 'il'
Legislature to take absolute ute u
any h'hd put slhlplN easement III u
teuIl.acl CANNED that there was III
terence IN the easement III eaei TAKING
Ire taxing ol tAe shore front ana inc
dam site was pfactically lee al
tholish not teeHHieaiiS So the o,lief
lakings. the fisht OF way ana the pipe
me Were inherent ana tne lhstr!e'
ana NOT coilsluer itSeli hapl. 4or TN
eh'ire amount ol timber on '''ese 'ah
iHss. put SIMPLY "ii'I WAS 'etu'tiiS
cut DIV tuehl.
Attorney Mailer aeoteo from ue-
clsich oil the supreme court IN ti'
SUM- caSe 70 oeiii"iis'i a.e tiiae ,ii'
water oislrlct h'o risht 10 tile pos
session 'aefe"i as Mei' DIS 10 Inc
easement III the property
Former CONDITION OF Farm.
The first witness To be called for the
plaintiff was stephen 5. Lancaster.
husband OF Mary l. Lancaster the for
mer owner as trustee, of the property
taken by the Augusta Water District
Witness stated that he had been
familiar With the territory for more
than 50 years and that the farm in
question consisted OF $50 acres exclu-
siye of the pond. He had cut 100000
feet Of lumber, pine, hemlock and ash
upon the farm. which was hauled
across the pond to Readfield and 100
cords of wood We're cut at the same
time, which were hauled into Augusta.
About l15 acres OF the farm was wood
land at the time 1t was taken by the
Water District.
The shore of the pond was fine
sandy beach, slopinG off gradually.
About 200 Italian laborers We're ell
gagged IN the construction of the dam in
1905 and wood was cut by the work
men and various depredations COM
mitted by them. There was no way
b" which the LaneasterS could nov
set to the lake except across TIL
property of the Augusta Water Dis
trict. The farm had been in the fam
lily since 1900 when ii was purchased
by the grandfather of the witness.
Commissioner Haley-How much