The star-independent. [volume] (Harrisburg, Pa.) 1904-1917, 1915-02-02
AUTHORIZED TO ASK FOR
"HARDSCRABBLE' viewers
City Solicitor seitz Will In Few Days
Ask Court to Name Board to Put
Values On Properties in Settlement
That Is to Be RACED

Authority to ask the Dauphin county
court to appoint board of three road
viewers who shall determine the dam
ages and benefits resulting from the
opening of North Front street, from
Herr to Calder" for the wiping out
of the !" Hardscrabble district, was
given to City Solicitor D. S. Seitz this
afternoon in a resolution adopted by
the City Commissioners. The measure
was offered by Commissioner Lynch.
Mr.. Seitz said he will prepare the
court petition within the next few days
and have the viewers named las quickly
as possible. 1t is estimated that the
viewers will not have complete report
ready for presentation to the court for
six or seven months. Immediately be-
fore the Commissioners adopted the
resolution their legal adviser sent in
letter detailing the necessary procedure
incident to the street opening. Mr..
Seitz said in part;
The viewers who must determine
in the first instance the damages and
benefits resulting from said opening,
after the city has failed to agree with
the property owners, may be appointed
before or at any time after the taking
and appropriation of said properties.
This will enable the city to have all
the damages determined in each case
py the viewers before disturbing the
possession of the owners, who may re-
tain the use of their properties in the
meantime free Of interest charges on
the part of the city.
= If the findings of the viewers
would be unsatisfactory and appeals
be taken by either side. it would be
legally permissible to agree with the
owners for them to continue in the use
of said properties until the final de.
termination of the damages bv a ver-
dlct OF the jury in each case. In this
way the owners would have the unin-
terrupted use of their properties until
the actual payment of their compensa-
tlon, and the city would save all inter
est charges until that time. If an ap-
peal should be taken to higher court,
the agreement for the owners to con.
tinue IN possession until final decision
IN lieu of interest may be arranged.
rms plan would cause the least ipcon-
venlence to the owners and the least
expense to the city.
On the other hand, if the citv de.
sires to remove the buildings at anv
time before the final adjudication of
the damages, it can file its bond and
take possession Immediately thereafter.
and interest at six per cent. would be-
gin to run from the date of the ac.
ceptanee or approval of the bond in
Upon offering the resolution suepe,t.
ing the appointment of the viewers
commissioner Lynch said
am in favor of opening of Front
street, but | think those people nm
there should know when they are ex-
pected to vacate their homes. I am not
IN tavor of giving them bonds. as Sc.
curity, until their claims are satisfied
10 me 1T seems unfair I think iudg.
ment in their favor should be eonfesse1
against the city and that wouhl permit
.nem to occupy their homes until tbe
disputed questions of home values ara
settled and until the city is ready TO
60 on with the street opening"