New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-26
WANT NEW METHODS
cost of Condemnation Action A.
feCtS Many Owners.
TO SHOW CHANGES NEEDED
Borough President Miller Tells
How TO Lessen Property
Burdens.

q, fayor of the proposed amendments 10
,I. state constitution to change the method
- condemnng property for public use
Owners are being made aware of the fact
mat they have many interests in common,
md that large part of their tax burdens
hid be lessened without affecting in the
slightest degree purely residential rights
cyrus C. Miller, President of the Borough
Il The Bronx, told at the recent annual
dinner of the Taxpayers Alliance of The
BRONX what had been done to hasten the
Sav when antiquated and costly condemna
tion proceedings would be unheard of and
what was still TO be accomplished along
these lines. He also described how the city
GETS land 1t needs, how the bills for the
nroperties were paid, and what was the cost
nj the sites in comparison to their real
market value.
What Borough President Miller had to
say about the usual way the city gets prop
erty was printed in full in last Sundays
Tribune.
What he desires every rent payer and
every taxpayer should know about the pro-
posed amendments TO the state constitu-
zion is herewith printed, besides his analy-
sis of the second method rof acquiring title
10 private property for public use.
In regard TO these matters Borough Pres
ident Miller says:
The proposed amendments are to change
Section :, Article l, of the Constitution.
The Supreme Court with or without
jury amendment is as follows:
Section Z. When private property shall
BE taken for any public use the compensa-
ton TO be made therefor when cash COM
tensation is not made by the state shall be
ascertained by a jury, by the Supreme
Court with or without jury, but not with
a referee or by not less than three COM
missioners appointed by court OF record,
as shall be prescribed by law
The excess condemnation amendment is
as follows:
Section 7. The Legislature may author
lie cities to take more land and property
than is needed for actual construction in
the laying out, widening, extending or re-
locating parks. public places, highways or
streets; provided, however. that the addi-
tonal land and property so authorized to
be taken shall be no more than sufficient to
form suitable building sites abutting on
such park, public place, highway or street
After so much Of the land and property
has been appropriated for such park, pub
therefor the remainder may be sold or
leased.
1T is needless 10 say that the change of
our fundamental law proposed by these
amendments will affect greatly the cost of
acquiring private property for public use
and will make II possible to acquire such
property at very much less cost than is
possible at present. The people Of the
amendments
The last Legislature passed both the ex-
cess condemnation amendment and the Su-
preme Court with or without jury amend
ment, through the efforts OF Robert s.
Binkerd, secretary of the City Club OF New
York, thereby saving two years time. as 1t
( is necessary under Section l, Article IA.
/ Of the constitution to have two separate
\ legislatures adopt such an amendment be-
| fore it can be submitted TO the people.
! LAS the Legislature Of 1912 adopted the
3 amendments and a new Legislature is to
he elected in November, 1912, the Legs-
lature of 1913 may adopt the amendments,
in which case they will be submitted to tho
people in November, 1918. and If adopted
by majority of the electors voting there
, on such amendments will become a part
day of January, 1914.
The amendments voted on at the last
election were rejected by the people"
Borough President Miller attributes the
rejection of the amendments to the fact
that voters were not aware of their pur-
port He points TO the results in The Bronx
in support of this contention. There cam
paign Of education was conducted, and the
he the
amend-..uts. In drafting the new amend
ment~ an effort was made TO avoid the
crit ,ln Of previous labors in this respect
r. rough President Miller says: The pol
icy Of excess condemnation is followed very
generally and with most satisfactory re-
suits in Europe In London the first I'M
provement made was the creation Of Gar
rick street, in 1861, where 70 per cent of the
cost of the land and construction was re-
couped through the sale Of the surplus
property.
In the making Of Southwark street, IN
1864. 81 per cent of the expense was recov-
cred, and in the case OF Queen Victoria
street which was finished in 1911, the re-
equipment amounted to 50 per cent In the
construction Of Northumberland avenue
completed in 1876, the amount realized from
the sale Of the surplusage was nearly 800
90 greater than the original cost OF the
land and Improvement
When Property Is Given to CITY,
As 10 the second method Of acquiring
title 70 private property for public use he
adds: 1T is by cession. That Is the
owner gives to the city the property need
ed for the street upon condition that he be
relieved Of all assessments for the cost OF
acquiring title.
The single exception TO this freedom
from assessment arises when there are
buildings to be taken by the improvement
. In such cases every one along the line or
the Improvement must pay his share OF the
cost Of the buildings taken whether ne
cedes his land or not. 1t is not to be ex-
pected that the property owner will cede
his land when his buildings are to be
taken, because in such case usually the
awards are larger than the assessments.
1T would be fair method of adjusting
the loss for the city, the owner and his
ueighbors II in such case the owner were
10 agree 70 accept the cost of moving back
his buildings for the amount Of his dam
age. Such cost OF moving buildings Is
small, so that the amount to be assessed
upon his nelghbors is trihing BY this
method he would retain his house entire
and the proceeding would impose only a
slight charge on the neighbors.
In many European cities it Is an estab-
lshed custom for citizens TO cede 10 the
city whatever land is necessary for street
improvements.