New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-21
To Vote on amendment
TO Condemnation LAM

| dispose Of II in about twenty minutes.
Much Of the error, the delay. the cost
and the favoritlsm now so familiar 10
every one who deals with such proceed
| ngs would disappear before an expe-
rienced justice OF the Supreme Court.
The second, known as the excess
! condemnation amendment. provides, IN
short. that when private property is taken
for public use. not only the exact prop
erty needed for the Improvement but an
! excess amount sufficient 10 form suitable
| building sites abutting on the improve
ment may he taken. II is necessary TO
take enough for building sites. so that the
excess property taken shall be salable.
NO injustice can be done the owner
whose property is taken. because he is
| paid full value for il. II will. however,
! prevent such owner from claiming direct
damages for the property actually taken
! and consequential damages for injury to
the rest OF the lot or house. Also, in
many cases It will avoid the necessity OF
destroying property by cutting OF tho
! fronts Of buildings, as the whole building
can be taken and moved back In the lot.
Because the city is prevented from TAX
! ing more property than is actually need
ed for the Improvement many strips and
cores and other injured pieces Of prop
erty are left. which are serious obstacles
to the proper development Of adjoining
property. as their owners sometimes de-
mand extortionate prices for them. This
, affects the city, as IT prevents the in
lcrease of taxable values.
IF no Limitation had been placed on the
amount OF property 10 he taken through
excess condemnation there would be real
grounds for the fear that giving the state
or its agent the city. the right to take
more property than was necessary for the
Improvement would lead 10 speculation by
the state but the amendment has been
drawn with great care so az TO restrict
the excess TO be taken not only 10 land
taken in connection with proceeding fo-
necessary purposes. but sufficient only to
form suitable building sites AUDITING on
the park. street or other improvement.
THE amendment also provides that the
Legislature may authorize cities 10 take
more land than is needed for the i'm
provement In other words. II the amend
ment IS adopted 1t Will he necessary for
the Legislature to pass law regulating
the proceeding TO be followed In such
cases before the amendment can take
effect. II any safeguards are needed in
the method OF procedure they may be
urged upon the Legislature and incor-
pordted In the law. II would he pity 10
lose the great benefits of such amend
ments merely because OF fear that the
Legislature might not enact wise law TO
make them workable.
1T is urgent 10 adopt these amend
ments at this election. because Section !,
Article XIV. of the constitution provides
that such amendments must be adopted
by two successive legislatures before they
can he submitted 10 the people. AS the
legislatures Of 1912 and 1913 have approved
these amendments the people may vote
upon them at the coming election. IL a
majority Of the voters do not favor them
they cannot be voted on again until after
they have been approved again by two
successive legislatures.
Every resident OF the state whether
he he rent payer or owner. is affected by
the burdens upon real estate. Every dol
lar Of unnecessary expenditure must be
paid for somehow and by somebody In
favoring these amendments every voter Is
favorins himself and those dependent
upon him for the adoption OF the amend
ments and their proper application cam
not fail to reduce the expenses OF real
estate"