Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-07-08
PARK PLAN DELAYED
AnaCOStia Assessments Not
According to Law.
NOTICE OF JURY'S FINDINGS
Damages Largely in Excess Of Ben
efts-Congress May Be Asked
to Legislate.
Einia; John J. Adams Of Iowa.

Delay in the acquisition by the Dis
trict of Columbia of land along the Ana
costa river for public highway and park
purposes. from Anacostia bridge to Giles
boro point, is threatened as a result of
the condemnation jury having returned a
verdict awarding damages to the extent
of $52,37S4 6 and assessing but $3,O45. 62
Of this amount as benefits.
The law passed by Congress, authoriz-
ing the condemnation, directs that not
less than one-half Of the cost be assessed
as benefits.
Formal notification Of the iury's finding
was made today to the District Commits
sioners and q decision as to whether 1t
shall be confirmed probably will be reach
ed some time this week. There is be-
lieved to be but little doubt that the Com
missioners will ask for the institution Of
new proceedings. 80 -
Should a new jury be appointed and
award damages Of similar amount, 1t
would have to increase by approximately
500, 600, the amount assessed as benefits
by the present jury, 1t Is said, before, un-
der the law, the finding could be ratified
by the Commissioners
May Require New Law.
In the event of the failure of second
jury to return a verdict acceptable to the
District heads. it is said to be not un.
likely that Congress would be asked for
a new law authorizing the condemnation
under different limitations respecting the
amount Of land to be acquired.
The law governing the present con-
demnation was approved May 10, 1910. II
provides for obtaining Of fee simple title,
including all riparian rights. of land for
a public highway and park purpose from
Anacostia bridge to Giesboro point. The
cost of the project is appropriated for out
of the revenues of the District of Colum-
bia only.
The failure of the jury to assess as
benefits an amount equaling one-half OF
the cost has additional interest in view
Of the fact that the District of Columbia
appropriation act for the current year es-
tablishes a scale for benefit assessments,
and improvements similar to that under
consideration would require that at least
half Of the cost be assessed as benefits.
In the case of street extensions here
after, the new law provides that the en-
tire cost shall be assessed as benefits.
while. in any case. where land Is con-
demned as a parkway, not less than one
half of the cost of the land, it is pro-
vided, shall be assessed as benefits
Prior Custom.
Heretofore the District generally has
followed the plan Of assessing one-half
Of the cost as benefits, when the more
important streets have been extended
and the entire cost being designated as
benefits in the extension Of short con-
Meeting streets. There have been no as
sessments as benefits in the case of park
improvements.
The new law relating to assessments
Of benefits is as follows:
Hereafter the United States shall not
bear any part Of the cost of the acqui-
sition of land for street extensions. but
when the condemnation OF any land Tor
such purposes is authorized by law the
total cost of the land and the expenses
Of the condemnation proceedings shall be
assessed as benefits; in any case where
land Is condemned for a parkway, In
Guiding a street or streets, where such
parkway is of considerable length with
relation to it's width, not less than one
half of the cost of the land including the
same fraction OF the expenses of the CON
domination proceedings shall be assessed
as benefits; and In any case where land
Is condemned for q public park, not less
than one-third Of the cost of the land in
Guiding the same fraction Of the expenses
Of the condemnation proceedings shall be
assessed as benefits
Surprises the Commissioners.
The amount assessed as benefits in the
Anacostia improvement project. it is un-
derstood. came as q considerable surprise
to the Commissioners. The verdict has
been reviewed by Corporation Counsel