New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-21
Borough President Miller
Hopes Citizens Will Not
Fail to Approve of the
Proposed Changes.
AMENDMENTS TO CONDEMNATION
LAW.

Two amendments 10 the constitution Of
/ the State of New York affecting the
method Of taking private property for
public use are 10 he voted on at the
coming election. Unless public attention
| ig directed to this very important topic"
saws Cyrus g. Miller. President Of the
| Borough Of The Bronx. ut may be lost
| in the excitement OF the election OF our
local candidates.
a., strictly speaking. il may be an error
! IN describe these amendments in all cases
as methods for reducing taxation directly,
as many public improvements. such as
streets and the like. are not paid for out
! Of taxes. but by assessment on neighbor-
! ins property. while other improvements
! such as parks. school sites. courthouse
sites and the like, do affect taxation. as
they are paid for with the proceeds Of
| the sale Of city bonds. which must be
met by taxation. In the larger sense.
! however. they arc methods Of reducing
: taxation. as the profits and savings 10
the city by their exercise undoubtedly
would lessen the amount TO be raised by
! taxation. Whether they affect taxation
directly or assessments. their operation in
an cases will decrease the burdens on
real estate.
THE two amendments proposed are 10
section article 1 of the constitution or
the state Of New York. They are men
toned as one amendment and will APP
near together on the ballot as Amend
mont Number One in the following form
/ ",ShalI the proposed amendment TO sec
tion Of article 1 OF the constitution
! designated in the election notice as
! Amendment Number one. in relation 10
the method OF ascertaining compensation
ON taking private property for public use,
! and empowering the Legislature to au-
,borIze municipalities to condemn property
| in excess Of the amount actually heeueu
for public parks streets and places De
! approved"
"Tbe first. known as the Supreme
! Court With or Without a jury amend
mont provides. in short. that the compGn-
sation 20 be given TO the owner whose
property is taken in condemnation pro-
ccedines Cor public purposes may he as
! cortained by the Supreme Court. with or
without a jury.
] Tine present Hl'All'h iANf''NN N'NNN
comnensation shall he ascertained by
commission composed Of three men re-
siding in the vicinity. When this method
was adopted il was satisfactory for small
cities or towns or rural districts. where
everv man knew the value of every piece
If property in his neighborhood, but the
growth of cities like New York, where
peneral knowledge OF values no longer is
rossible. has shown 1t to be slow, cum
bersome and expensive. Appointments on
such commissions have been made solely
as political rewards. without any regard
whatever to the fitness of the persons
appointed. The pay is SO day for each
commissioner. A day is an hour. The
termination to men who make living
from such a source is 10 prolong the pro-
ceeding as much as possible.
"In New York. because of the necessity
of experts. stenographers. Corporation
Counsers assistants and others. whose
nav is charged 10 the proceeding. the ex-
penses are large. Such sessions cost SIS
apiece in ordinary proceedings.
without regular rules OF procedure,
and often no previous experience OH the
part of the commissioners themselves.
progress is bound to be slow All OF this
must be paid for either by assessment of
the cost on nearby property or by city
bonds.
sometimes the expenses amount to
more than the cost of the property
taken. It's not impossible to spend three
sessions, at ss5 each. to find out the value
of fence worth s75. A Supreme Court
justice familiar with such matters would