Evening star., 1914-12-12
CHAMBER TO URGE CHANGES
IN CONDEMNATION PROCEDURE
Methods Now in Vogue Called Unfair;
Wants Law Amended and Style of
Commissioners Notices Altered.

Changes in methods of procedure II
cases where land is condemned in the
District of Columbia for street ant
alley improvements and extensions. az
fecting persons whose land is to be
condemned. as well as those who are
to be assessed benefits. are to be sought
this winter by the Chamber of Com
merce.
Some of the changes desired will re-
quire amendments to the code OF law
for the District, while others. which
are equally important. may be brought
about by the District Commissioners
as they involve practices which. 1t is
believed, are arbitrary.
The changes wanted are set forth in
report submitted recently to the
Chamber of Commerce by a special
committee of which Charles W. Clagett
is chairman. The report and recon-
mendations which 1t embodies were ap-
proved by the chamber. and the COM
rnittee Is now ready to work to have
its suggestions adopted.
Briefly stated. the desired changes
In methods of procedure in condemna-
tion cases are as follows:
Desired Changes Stated.
Amendment of certain sections of the
code of law for the District of Column
bia SO that persons whose property is
liable to be assessed benefits for street
and alley improvements shall be served
notice by the marshal of the District
or his deputies, as well as the person
or persons whose land is to be con-
demned for the improvements contem-
plated At present the law only re-
"a a ha
land Is to be condemned shall receive
notice.
Change in the manner in which the
District Commissioners give notice in
the advertising columns of the news
papers of contemplated condemnation
proceedings SO that the advertisements
will be printed in such a way as to
attract greater attention. and state by
street boundaries the squares in which
the property to be condemned is To-
Gated. and not merely by square
numbers.
Change in the practice of ordering
condemnation proceedings so that no
steps to obtain ground for street and
alley improvements and extensions
snail be taken until an appropriation
has been received from Congress with
sired.
Regarding Personal Service.
Concerning the condemnation of land
for street extensions, the report of the
committee states:
Section 491c of the code of law for
the District of Columbia provides that
IN proceedings for the condemnation
Oh Iand Tor streets, public notice of
not less than twenty days shall be
given of the institution of such pro-
ceedings, by advertisement in three
oaiiy newspapers published in the Dis
tr1ct, warming and requiring all per-
sons having any interest in the pro-
eeedlnss TO attend court on a day to
ne named In the notice and to continue
IN attendance until the court shall
nave made it's final order ratifyine and
confirming the award of damages and
assessment of benefits made by the
jury, and that in addition to such nnb
lie notice the court shall cause a conv
or such notice to be served by the
marshal or his deputies upon such own
ers or the land to be condemned as can
be found within the District of Coluu-
bia and upon the tenants and occu-
pants of such land
Law Is Inadequate"
1T will be observed that. while this
section provides for personal service of
the notice upon the owners of the
land TO be condemned, there is no pro-
VISION whatever for personal service
OF ufe notice upon the owners of land
liable to be assessed for benefits In
'hus falling to provide for personal
service OF the notice on persons whose
land may be assessed for benefits the
Iaw is entirely Inadequate, unreasonable
and unjust.
The citizen upon whom the burden
OF the Improvement is to fail 10 as
ihuch entitled to actual notice of the
Penuehcy OF inc condemnati ton proceed
LHss as the citizen who is to be paid
1or his land to be condemned and Irbo
may not be called upon to paw any
part of the expenses of the proceedings
IL Will be seen that, as far as actual
service of the notice upon owners of
land to be condemned is concerned tho
marshal is only required to serve srrb
owners of the land as can be found
by him in the Distrct, and upon the
tenants and occupants of the same
There would be no greater difficulty in
giving actual notice in the same way
to all persons within the neighborhood
OF the proposed Improvement whose
land is liable to- be assessed for bene-
fits.
Notices Seldom Seen.
1T is very likely that, as a rule, not
one property owner in 100 sees the
published notice. while if actual notice
were given to only a few of the owners
of property in the neighborhood of the
proposed Improvement, the chances are
the others would hear about it in time
to appear in court and look after their
interests.
What has been said in criticism of
the notice provided for in proceedings
for the opening or extension of streets
in the District is equally applicable to
aiIey-openine cases.
There is less excuse for the failure
to provide for personal service of the
notice on the owners of property sub
ject to assessment for benefits, in al
ley cases, than in street extension
cases; for the alley law definitely pre-
scribes and fixes the assessment area.
thus enabling the municipal authori-
ties. without difficulty. to ascertain in
every case what property is liable to
be assessed for benefits
Notified After Assessment,
The committee states that in the case
of improvement or repair of alleys the
law provides that owners of abutting
property who are assessed for such
improvements shall receive notice aft
such assessments are made Con-
cerning this part of the law, the re-
port states:
LAS actual notice upon the owner,
his agent or tenant, if found in the
District of Columbia, is required after
the assessment is made, no good rea-
son can be advanced why the same no
ha. civ haf-