Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-04-14
CONFLICT |NLAW
FOR OPENING PARK
Streets to Be Condemned in
Land Mapped for Acquisition
by Government.
DISTRICT HEADS DECIDE
THEY MUST TAKE STEP
In Passing Parkway Act Provision
in District Appropriation
Bill Was Ignored.

Additional legal complications i'm the
prospective acquisition by the United
States of land for connecting parkway
between Potomac, Geological and Rock
Creek parks are threatened as the result
of a decision reached by the District OF
Columbia Commissioners today to order
an immediate condemnation of certain
property in the parkway zone for high
way purposes.
The Commissioners face a peculiar sit
uation caused by the fact that Congress
passed two laws for improvements in
this section of the capital. and their
action today was decided upon only after
considerable study had been given the
matter.
Congress. in the District appropria-
ton act for 1918. authorized the extern
sion Of Rock Creek drive and the
widening of Lovers lane. STIMULATING
that the cost should be assessed
against AUDITING property as benefits.
This land is embraced within the
area to be acquired In connection with
the Rock Creek Park Improvement.
authorized under section % Of the pub
lie buildings and grounds act for the
fiscal year 1914. There is no provision
for assessment i'm the Rock Creek i'm
provement legislation.
Conflict IN the Laws.
The laws, it is pointed out. are conflict
ing. One provides for the taking OF the
property in question through condemna-
ton proceedings instituted by the Dis
trict government and on an assessment
basis. The other piece of legislation pro-
vides that the property shall be &C
quired by a commission, composed OF the
Secretary of the Treasury, the Secretary
of War and the Secretary of Agriculture.
but makes no reference to assessments
What the Commissioners have decided
to do is to institute condemnation pro-
ceedings in accordance with the pro-
vision contained in the District appropra-
ton act for 1913.
If protest is made by property owners
it is pointed out. the matter then will he
one for the courts to determine II is
suggested that the cost of the assess
ment can be added to the value of the
property when proceedings are Instituted
by the federal government TO acquire the
entire zone for a connecting parkway.
Advised to Begin Action.
1t is understood that the Commissioners
at first were undecided as TO whether II
would be advisable 10 institute proceed
inss for the extension of Rock Creek
drive at the present time, but that after
careful consideration of the matter
with the corporation counsel the con-
cluSlon was reached tnat the Distiict
heads had no other course to follow than
to carry out the provision contained in
the District appropriation act.
Under the terms of this act Rock Creek
drive is to be extended from Massachu-
sets avenue southerly to Montrose Park.
while the Commissioners are directed to
condemn any private interest in the land
in Lovers lane lying between certain par
cells of land and Montrose Park. Delay
has been caused In the filing of the CON
domination papers. but 1t is understood
that the necessary preliminary legal steps
looking toward the acquisition or the
property will be taken at once.