New-York tribune., 1918-04-18
Railroad Has No Vested
Property Right in Fact,
p. S. C.. Reports
Getty Owns Most
Of Right of Way
Estimate Board Advised to
Sue to Reestablish
Public Claims

The Public Service Commission, in a
report to the Board of Estimate, yes
terday, on the validity of the titles
and rights claimed by the New York
Central Railroad Company along the
West Side of Manhattan, expressed
the opinion that the railroad company
"had no vested property right in fact"
to millions of dollars worth of land
which the company claimed in all the
former negotiations with the city tow
ard a settlement of the West Side i'm
provement plan.
Declaring that the title situations
disclosed by the report are regarded
by the commission "as sensational in
the extreme" the commission ex-
presses the opinion that "the condi-
tions disclosed by the examination OF
titles call for the very careful con-
sideration and action of the public au-
thorities."
Advises Suit by City
The commission asks the Board OF
Estimate to direct the Corporation
Counsel to institute the necessary pro-
VA -
soundness of the commissions views
as to the effectiveness of the railroad
company's rights along the West Side,
saying:
"If the conclusions of counsel to the
commission as embodied in this report
are correct the company is claiming
and enjoying, and recently demanded
large compensation for the partial re-
linquishment of, enormously valuable
privileges on the West Side, to which
it has no vested property right In fact,
and as to which the public right may,
without great difficulty, be reestab-
lished in the courts.
Neither by contract nor in any
other way should the company's claim
of rights and titles as to these prop
critics be recognized, unless these ques-
tions have been adjudicated in the
courts, in proper proceedings lnstl-
tuted for the purpose. If it be true
that the railroad company is not des-
tined to return to private ownership
and operation, it will be no less i'm
portant to overthrow now any claims
of title and rights by the company
which are baseless, to the end that the
Federal government may not be called
upon to pay the company for anything
the company does not own"
AS to the progress Of preparation Of
plans for "the relocation, enlargement
and modernization of the conpany's
facilities on the West Side," under the
1917 statute, "on a basis involving no
injury to public interests or relin-
quishment of public rights" the re-
port reviews the railroad company's
"ridicule and rejection" of all efforts
to reach a speedy solution through
agreement between the Board of Esti-
mate, the commission and the railroad
company.
The commission expresses the belief
that. irrespective of any question of
statutory power to deal with the mat
ter single-handedly, cooperation with
the city authorities is likely to lead
to the most acceptable solution. The
commission expresses the desire to CO.
operate "in every practicable way"
with the Board of Estimate.
Calls Roads Title Invalid
Nowhere along it's right of way
does it appear that the New York Cen
trsl Railroad Company has what would
be deemed marketable title" rhe re-
port further states. "By far the greater
part of this right of way is city
owned land, which the railroad occu-
pies under the permission contained in
the ordinance OF 1S41. Included in
this category are all the streets and
avenues, Twelfth Avenue, and land be-
low the original high water mark,
where no water grants have been made
by the city.
THE important bearings of this sit
uation are, in part, that the city is
thus IN position to reestablish, at
ITS option, the public ownership and
plenary public control of much the
greater. part of the company's present
right Of way. 1t is true, of course, that
the city could not disturb the use
thereof for tracks and roadway as long
as the ordinance of 1847 stan Is un-
repealed or unmodifed but, should
action be taken, as recommended with
regard to this ordinance, there is sub-
stantially no claim Of property in the
company for which it could be deemed
entitled to compensation we're il re.
quIred to remove from its present To-
cation" ~
The report and recommendation Of
the Public Service Commission will
come up for consideration at the Board
a IN