New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-19
COST OF IMPROVEMENTS
uow Local and General Assess
ments Are Levied.
NEEDLESS LAND BURDENS
,..oupb President Miller Tells
How the City Should Ac-
uuire Property.

.srsss delivered by Cyrus c. Miller,
- NJ the Borough Of The Bronx, at
.rruaI dinner Of the Taxpayers All
tne :, The Bronx has been praised by
hios ,rr,hers OF real estate experts and
.'. ,srsons, particularly lawyers, who are
GUN. lent with realty matters. They assert
.Sat n set forth clearly and as briefly as
-s.,bl. how property is acquired or given
~. city. the subject being The Cession
'. p~ivate Property 10 the City for Public
improvements.
~ a. considered TO mark the reopening of
-. campaign to have certain proposed
..s.ndrnents 10 the state constitution adopt
these amendments provide for a les
.s,,ng Of assessments on real property.
porougb President Miller also told in his
.sa,sss how local improvements are under
-, and cited the cost OF many street
openings.
In regard TO these phases Of the subject
a. his address he said:
.lu property belongs to the state. Indi-
v,suals are allowed to possess it. TO sell It
~ ~ devise it by will upon complying with
certain terms, such as the payment of
taxes. While. however. the ultimate own
.rship Of all property is in the state, the
neople of the state have agreed among
themselves not 10 take such property away
fror the private owner except for public
uss. and then only upon payment Of just
compensation. and so have expressed them
selves in the constitution Of the state. Arti-
Gle I. Section 6, provides. Nor shall pri-
yste property be taken for public use with
out Just compensation.
In taking private property for public
Use the state binds itself TO devote the
property TO public uses only, hence IL can
not grant privileges to private individuals
10 occupy the public streets TO the eXclu-
SION Of others. This is why encroach-
uents upon the public streets violate the
fundamental law whereby the property
was taken by the state CMcMillan VS.. Klaw
& Erlanger. 107 APP. DIV, 400
CAS- the city is simply governmental
agency Of the state IL is bound by the Same
rules as the state.
There are two ways OF acquiring pri-
vate property for public use: by condem-
nation and by cession. Article 1, Section 6,
Of the constitution provides: No person
shall be deprived Of life, liberty OF
property without due process OF law.
Article l, Section :, provides: When pri-
vate property shall be taken for any pub
lie use the compensation to be made there
for, when such compensation is not made
BY the state, shall be ascertained by jury
or BY not less than three commissioners
appointed by court Of record, as shall be
prescribed by law.
"In the days when the constitution was
adopted 1t was a simple and inexpensive
matter for three men OF the vicinity TO ep-
praise private property needed for public
use, as every farmer knew the exact value
Of his neighbours land. But as cities have
grown up and our civilization has become
more complex, the proceeding has become
exceedingly tedious and costly.
There are two classes Of condemna'
tion-F1rst, condemnation for local pur'
poses, such as street openings, and second
for general purposes, such as parks
courthouse sites and school sites.
The first are local Improvements
Their cost is advanced by the city and
collected by assessment on the property
benefited by the improvement. The Sec
ond are general improvements and are
paid for out Of the general fund OF
moneys borrowed by the city on its bonds
called corporate stock.
General improvements are initiated by
the Board Of Estimate and Apportionment
Many people think that when the city
condemns property for a street they are
justified in getting large prices. Also
they are Indifferent to the prices obtained
by their neighbors in the same proceed
ing The city does not pay; it only adj
vances the money and RECEIVERS it, plus
the interest. by assessment on the nearby
property. The surrounding property mus