The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1912-02-07
RAHiROAD RIGHTS OF WAY.

The representatives OF the special
raiiroad committee OF the Chamber
OF Commerce. who are securing the
rights on way for the seaboard Air
Line. I'm accordance with the agree
ment with Mr. Bonsal. by which the
citizens OF Sumter obligated them
selves to provide the rights Of way
and terminals free Of cost to the
railroad. have made some progress
with the work. and quite a number
on those through whose lands the
road will pass have indicated their
Willingness to donate the rights of
way. Others. however. are dems nd
hg compensation for the land to be
conveyed for the rights OF way and.
In addition. payment for the inclden-
Val damages that the construction of
the railroad through their property
may cause. Ii Is not thought that
there will be any insurmounta3le OBJ
staclcs encountered In obtaining the
required rights Of way. for. wherever
the land owners refuse to donate the
right Of way OF demand an unreason-
able or exorbitant price for their
hand. recourse can always be had to
condemnation proceedings and a jury
sf disinterestcd citizens will fix the
vhiuc &C the land and the amount to
ee PAID for tho right OF way In
some cases there may be some din
euUy "a arriving at a fair and equi-
table pr'rc for tho right OF way. but
In thc majority OF inslaucos there
should be none.
As a starting point for arriving at
the actual value Of any tract OF land
that the railroad will cross, the vaiu-
alton placed upon 1t by the owner
when he returned 1t for taxation IL un-
doubtedly thoroughly conservative and
worthy OF serious consideration
when n jury Of condemnation comes
~ hx the amount that should be paid
the land owner. 1t Is. Of course. well
hnown by ali and is admitted as an
established fact that no one returns
property for taxation at Its market
value; but there Is a sort Of under
standing that great deal OF proper
~ Is listed on the tax books at one
third Its actual market value. III
this be true. and. Tor the sake of the
argument II will be assumed to be
fact, II would be fair and just-even
hberal--to adopt he tax returns as
hasis of valuatic for all rights OF
way and multipi II by three to ar
rive at the actu market value. No
land owner. who declines to donate
the right OF wa, In consideration of
the enhancement II the remainder OF
his real estate by the building Of the
new railroad. should question the
fairness Of the compensation for the
land actually used by the railroad as
right of way when he receives pay
ment ON the basis OF three times
the valuation nc placed upon IL per
acre when making his returns to the
county auditor.
IL n to he hoped that large ma
jority II the land owners will donate
the r.shts of way. for no one can
sainsny that the country the road
traverses will he very materially
bensiitted. but In exceptional cases
the manner In which the road will
cut certain farms will cause incon-
ventsnce and damage greater than
the tYp ,efits that will be derived from
the railroad by that particular land
owner. aud II In not unreasonable for
hm To ask compensation for his
land.
The Lasis Of valuatio- suggested
above--using the tax returns as a
starting point-seems to be about ns
fair and Just To- all concerned az any
mat can he adopted. and " II is nee
eessary to resort To condemnation
proceedings TO reach an adjustment
OF the divergent Ideas OF the value Of
the rights Of way. II is clear that the
valuation recorded on the tax books
should receive serious consideration
and should have due weight with the
jury In arriving al n verdict and In
making award Co the land owner.