Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-10-06
VALUATION OF SITE
D: D. NOW RESTS WITH JURY
SSs
Both Sides Conclude Argument IN
Post.Otiicc Condemnation
L Case.
JUDGE wADDlI.I.'s INSTRUCTIONS
Federal Judge Says Value Must lie
:, Determined on Basis Property
=. Would Bring in Open Market.
VIII Report This Morning.

T.. Would Bring in Open Market.
.. VIII Report This Morning
= Under q charge from judge Edmund
Z Waddin that the unwillnencss OF The
: sation. hut that its value must be de.
:. termircd Ivy what il would bring II
sold in the market to ono not under
snece ssity OF having II, the jury in the
In the United States Dis
trict CoUr; 10 condemn tho Hlai" prop
erty for use by the government in "N-
tending tho Federal building for In
creased postal facilities will probably
render it's verdict as TO the value %!
the property this morning.
Argument in The case was completed
yesterday evening about $3.50 o'clock.
when court adjourned with nstruc-
tons from judge Waddil that the jury
think over the question during the
night and export To the court this
morning at ic o piock. The jurors were
uuartc,"d last sigh, at Rucscr's Hotel.
Assistant District Attorney Hiram NJ.
Smith opened the argument for the
government lie WAS followed by At
torucN iiii Carter. who represented
The Virginia HuildinE Corporation.
owner of the property named in the
condemnation proceedings, Harry NJ
SnNlln, ~. tlcSsl or the inlpllulnt. ana
District Attorney Richard II. Mann
made the closing argument on behalf
OF the government.
SAY COVER NNt.Nr WITNESSES
,RE ILTitA-CoNSERVt TIVE
ATTORNEYS for the Virginia Building
Corporation directed the attention of
The jur! to The personnel of.witncsSeS
brought forward by the government to
testify aS to the value Of the propcrtv
a no, ~,
or ultra conservative" real estate men
of Richmond WHO have not taken into
account the tremendous progress Rich
mcnd has made within the last few
years ana the corresponding increase
in the value OF real estate.
rhe values, they argued. placed upor
tho t'la!r property by witnesses nut or
the stand by the Virginia Building
corporation wcr" estimates arrived at
by men VII" are fully abreast OF the
times ami who understand thorourhly
the changes in real estate values tina,
have come from the transition or
Richmond within the space Of !, fcv
years from II city OF SG,0CC poprIniiou
TO one Of nearly 100000. Their Wit
hesses' they SAID, are the progressive
real estate experts OF Richmond
Practically all the witnesses for the
government estimated the market value
of the Blair property as being from
Sa6oo00 10 100000. while those for tho
defendant placed It's value. considering
It's peculiar adaptability 10 an office
building site, Il; from $500 600 to $1,000
oc". The appropriation set aside hv
an act OF Congress for its purchase IL
S450.OO0
1t is understood that Secretary OF the
Treasury McAdoo selected the Blair
property for increasing the postal fla
cilities cf Richmond only after he had
been assured tina, the City Council
would code the government a fifteen
foot strip OF Eleventh Street This has
been done. and here again the govern
ment Will probably fact, within tho
near future. another suit. property
owners along Eleventh street having
made violent protest against the prac-
teal closing Of that thorourhfarc
TENT OF Col'RT'S
INSTRUCTION. TO jury
Judge Waddilrs instructions to tho
jury follow:
THE court charges Won. ront,cmo,
OF the jury, that your duty in this case
Is TO ascertain what Will be lust com
pehSation 10 tho owners FOR the prop
crty TO hcltak.u in this proceeding by
me government for its purposes: that
Is 10 say, what will be "A fair eouiya.
lent to pay for what is taken: and in
determining this question. Won shall lac
governed 10y the fair market value of
me property, as We'll for it's presnn,
purposes as FOR those TO which II may
ne reasonably aHa,tcd At this time. or
In the immediate future: Won shall take
into consideration the facts and ~
cums'anccs OF it's location. the demand
for property of the kind IFS lin,
biity IN the near future To increase or
decrease ~ valgt.; and. i'm short any
thing sltw'r Eou by the evidence tend
Ing TO hear upon it's prcscu, m,rl;n,
value Just compcnSation,' as used
in this charge. where the entire niece
or property - taken means it's market
value in money; that is the price which
II viii bring when it is offered for sale
o! one WHo desires, but is no, obliged.
to sell, ana is bought bv one uhn 90
not under necessity Of having it. and
the compensation to the owner sbo,,,d
ne iair and full equivalent for the
property taken for public use. The
compensation cannot he enhanced hv
the Nh"iiiinsn"ss OF the owner to sell.
ana, on the other hand IL should mot
he measured by the value Of the nron.
erty 10 The party condcmning: and the
assessment Of the property for toxo
tioh, should not hc considered bv Won
in hNing It's valuation
on are further charged that in ar
EiNlhr AT the value OF the proncrtv
you should not be controlled hr ~.
price which the own.rs gave for !,
nor me tact that by the ACQUISITION
OF ihe sam" ~ tn" United States loss
W"uiH he sustained if taken AZ its
present market value, if YOU believe
such 10 be the fact. nor the foc, ma,
by the Improvement "r cXDloi,u,io, n.
'he p'opariE 10y the erection thereon
OF IN once or other huilding money
could he made, II YOU 50 believe. suc,
clFch'hsl"hceS hcln" only material as
bearing upoM what is tho present fair
market ra!u" "f the property I'm the
nsht OF these instructions, and such
loss, II any, cannot, and should no,