Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-07-24
IC|TY MAY ADOPT EXCESS
condemnation PLAN
Street Committee Favorably Reports
Ordinance Drawn by City
Attorney.
MAY EFFECT LARGE SAVING
Allows City to Buy Entire Block
Where Street Is to BE Widencd,
and After Improvement Is Made
Sell Excess Land mt Profit.

SRestrictions on the purchase Of ex-
cess property in condemnation cases
will be removed by the terms of an
ordinance favorably reported ycster-
day afternoon by the Council Commit
tee on Streets. The ordinance is wide
In its scope and will authorize the city
:. to purchase property abuttng on pro-
posed improvements and TO sell the
surplus after the work has been com
pieted. This procedure will enable
improvements to be made where other
wise the damage to abutting property
would be prohibitive
n 1.-THE ordinance was offered in the
Common Council by Morgan r. Mills
and was adopted in an abridged form.
3 The Committee on Streets then sought
the advice of Assistant City Attorney
George Wayne Anderson, who not only
Apr owed the ordinance as originally
drawn. but advocated it's passage in
full. His Recommendation was followed
without debate by the committee. This
ordinance now goes to both branches
for consideration.
The way for many improvements will
be opened by the ordinance. An in
stance of this is the proposed widening
of Fourteenth Street, between Cary and
Main Streets. The cost of acquiring
the actual footaEe necessary to widen
the street would be prohibitivc, but If
thu city can purchase the entire block,
make the improvements and then sell
the surplus. it is probable that IA hand
some profit could be realized on the
deal. In :hc acquisition of property
necessary to make the proposed Cham
berlayne Avenue extension to Broad
Street, the ordinance will be Of great
value.
CITES ACT OF RECENT
GENERAL ASSEMBLY
Colonel Anderson. in his opinion.
cited a statute adopted by the last
General Assembly as permitting the
city to condemn property in excess of
it's actual needs. His letter TO the
committee follows:
Replying to your letter of the tenth
instant asking for an opinion and ad-
vice as TO whether it is cXpedient or
necessary to adopt an ordinance en-
titled: AN ordinance. In relation 10 the
acquisition of excess property in GER
tain condemnation cases., and, If so,
that a proper ordinance be prepared
Tor adoption as substitute for the
ordinance incloscd in your letter. l
have to say that. in my opinion, IL is
expedient and desirable that such an
ordinance be adopted. Numerous cases
have occurred in this office in which,
by a resolution of the Council con-
demnation was required along lines
which injuriously affected the value of
abuttipE property to such an extent
that it would have been money saved
to the city If such abuttinE property
had been acquired and subsequently
sold; and yet this Office was legally
tied to the terms of the resolution and
could not condemn more property than
the resolution called for.
ITO meet such a situation as the
one just described, the General Assem-
bly, enacted a law authorizing "A city
to acquire by condemnation or other
wise, all or any part of the property
widened street. which would he in
3uriously affected unless the property
on such block or square is rcplattcd
and >the property line rcadjusted.'
tSee Acts Of 1916. p. ll2) 1t was to
take advantage of this act that the
ordinance returned with your communi
cation was prepared in this Office
Il note that in the original ordinance
the words 'injuriously' and or board
have been stricken out The word in
juriously' is necessary in the ordinance.
in order TO conform with the statute,
which does not allow the c,ad=mna-
tion OF aputtinS property If il is TO he
beneticiallY affected. The words 'or
board were used in the ordinance upon
til. supposition that the Adrlinistra-
tive BOARD might, from time 10 ,imo.
recommend the opening or widening of
streets in n. manner which would make
1t advantageous 70: the city to acquire
the whole property. or part thereof,
under the state statute. and ii so. to
provide that the board, in making it's
Fecomme ndat ton to the Council. h oul Id
advise IL of the facts and propose such
acquisition.
#'"l therefore return a copy - the
ordinance as originally drawn, which
seems TO this office To be in rro.,tr
form. II the committee still desires
to elm mate the words or board, ! ey
can Of cot rsc, be stricken from the
draft herewith ilclosed. but ii is 0"ccS-
sary, in my own opinion. TO retain the
word 'injuriously.'"
TENT OF ORDINANCE
FiNALLf RECOMMENDED
The ordinance as sent back to the
Council follows:
BE IL ordained:
II. That whenever it is proposed
to open or widen a street by acqui-
sition of property by the city in a
manner that will iniurious!y affect the
value of property abutting the pro-
posed street or Improvement. unless
such AUDITING property is replatted
and the property line readjustcd. it
shall be the duty of the committee
or board having such proposed work
under consideration. before reporting
a resolution authorizing the work 10
the Council. 10 investigate and deter
mine whether ii is TO the advantage
of the city to acquire all or any part
or block through which the street or
3 Improvement is proposed to he made.
and to report their conclusion to the
Council by resolution authorizing the
acquisition of such abuttinE property,
II, in their opinion. IL is desirable to
do SO. With any such resolution there
shall be reported TO the Council Il
blue print showing the manner in
which the property is to be REPEATED.
together with a brief statement of the
reasons for the conclusion reached by
the committee or board
"2. This ordinance shall he in force
from it's passage"
The committee recommended an or
y dinance to allow an cncroachment Of
1875 inches on the west side Of JEFF
ferson Street by the new building un-
Z der course OF construction by the j.
1,B. Mosby Co.
e An application of the Dixie Paper
# Ni1l Company for permission to have
spur track extended under Ninth
Street. to It's property on Brown. Is
! land, was favorabiy received and an
ordinance 10 permit the Southern Rail