Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1914-12-05
Claims of Land Companies
Held Null and Void by
City Attorney.
RESERVATIONS MADE IN
DEEDS ARE VALUELESS
May Make Public Improvements
in All Open Thoroughfares,
Says Pollard.
SUGGESTS PHYSICAL SURVEY
Would Then Buy Existing Utilities,
or Parallel Them, as Is Most
Economical.

The honely truth that one can't eat
ion of City Attorney Pollard. is appll-
cable to the case Of tho several subur-
ban land companies. which claim per-
petual and exclusive ownership OF the
strects I'm these developments. notwith-
standing tho fact that under the re-
cent annexation they are now part OF
the city.
In comprehensive opinion bearing
on the claim Of the Southside Water
and Sewerage Corporation to exclusive
rights In the streets of Woodland
Heights. transmitted to the Admins
tratire Board yesterday, Mr.. Pollard
holds that tho company's claim is in
valid. and that the city has the same
control over the use of these streets
FOR municipal purposes as 1t has over
all other streets in the city.
DISSERTATIONS MADE
IN DEEDS ARE VOID
",rhe reservations in the deeds ex-
ecutcd hy the Southsidc company"
said aIr Pollard, discussing his writ
ten opinion, lin 80 far ls they tend
TO abridSc the rights OF the city to
the usual municipal control in The
streets, arc void III dedicating for a
valuable consideration to buyers of lots
In Woodland Heights certain parcels
of property fronting on streets de-
signed for public use, the company
parted with its property rights In these
streets. u could not grant street
rights TO bnyers Of tots and at the same
ttmc reseryc the eSrlusi yc rights In
these streets to itself. That would be
an obvious contradiction.
Tic City Attorneys opinion. with
regard 10 the Southsldo compauy's
claim is regarded az Of tho FIRST i'm
portancc II IL is sustained. II will
affect directly a number OF other claims
% a similar nature which have been
presented TO the Administrative Board
Hincc annexation. aIr. Pollard said
yesterday that the opinion was appli-
cable. with minor qualifications. to
every claim to exclusive street rights
thai has been preferred.
MANY SUBURBS AFFECTED
nv CITY ..r"TOHSEY'S OPINION
Among the companies affected are
the Highland Park Development Cor
poration, which claims perpetual rights
in the streets OF Highland Park Adli-
tioB. the BrOosland House Drainage
Company, which claims exclusive sewer
rights In the streets of Ginter Park.
and the Norwood Sewer and Water
Corporation. which holds u sewer fran
ciiise for Barton heights, North Rich
mond. Brookland Park. Norwood, Row
land Park and Ginter Park Terrace.
III asserting the city's absolute right
10 the control OF the streets, Mr.. Pol
lard conccdca 10 the companies con
ccrncd their unGucStionci right to
payment for such Of their water and
sewer installations as tho city may
elect to take over. The city, he holds,
nevertheless, may. if it chooses. de-
cline to purchase or take over any
Of the installations, and install indc-
pendent water and sewerage facilities
in any of the streets claimed to be
pre- cmpted by the companies. whether
such streets are now provided with
such facilities or not.
After disposing Of the legal status
OF the parties concerned. Mr.. Pollard
addresses himself to the suggestion OF
the Southside company that the valua-
tion of the conpanys holdings In
Woodland Heights. be submitted to tho
arbitramcnt OF the Judge OF the Law
and Equity Court or some other sat
isfactory arbitrator.
SUGGESTS PHYSICAL. VALUATION
INSTEAD OF ARBITRATION
MY experience with the result OF
arbitration" the City Attorney advises
the board. does not justify my recon-
mending the course proposed: besides
only the Council Of the city of Rich
mond would be authorized to agree
to such submission.
at Is, therefore, 1 think, fairly with
in your jurisdiction to direct a ply sical
survey of the holdings of the South
side Water and Sewerage Corporation
In Woodland Heights, proposed by said
petition to be transferred to the city
OF Richmond, with a view of ascertain
Ing the present value of the same to
the city of Richmond and with tho
result of such physical survey In hand
TO treat with the company concerning
the acquisition of its property. and
should tentative valuation be agreed
upon, that you recommend to the Coun-
ell the acquisition of the property. a
condition precedent to such negotia-
t!ons, however. should be the accept
ance by the said company of the legal
status OF their property as outlined
above.
'.In view OF the fact that the resi-
dents OF Woodland Heights arc now
other citizens of the city OF Richmond,
j advise that the proceedings along
the line above indicated be taken as
promptly as possible
CANNOT RESERVE STREETS
AND SELL. LOTS ON THEM
Tho claim of the Southside company
TO exclusive rights In the streets OF
woodland Heights is based on the fol-
lowing provision. which was made part
of every deed conveying property ito
lot purchasers:
y The party OF the first part does not
dedicate to the public the streets, al
.leys or bridges shown on the said
splat, hut reserves Its ownership In
and control OF tho same, with the right
at all times to close or alter any OF
tho said streets, alleys or bridges, cX-
~ Continued on Eighth Pago,)