Perth Amboy evening news., 1922-10-09
SOUTH AMB0Y ROAD
LAND TO Be CONDEMNED
CONTINUED from page L.


$1,000 an acre for the fou- and one
half acres covering the right of way
upon which the new road was to be
built and also that the railroad be
paid $4,000 for the two bridges
spanning the road. Although $751;
600 was to be paid for the two
bridges opening the road, title was
to remain in the railroad. The
bridges are railroad bridges exclu-
sively and seriously detract the land
value. This su mwas to reimburse
the company for the expense entail
ed in buildip gthese structures some
years ago.
Present at this executive commit
tee meeting were Watson G.. Clark,
of Tenafiy. an engineer; John w.
Herbert, of Helmetta, a lawyer and
chairman of the commission then in
office; Robert s. Parsons. of Nut
ley. assistant to the president of the
Erie Railroad Company. and Walter
J. Buby. one of the proprietors of
the Hotel Dennis, all members of
the executive committee.
1T is further shown that the &c
ommendation of Nh. Thompson
a odopted upon the motion of
Mr.. Parsons.
Correspondence on file in these
offices shows that this proposal was
satisfactory to the railroad as the
consideration for the deciding to the
state of the right of way for the
construction of Section g., of Route
4, but nowhere is there a record of
the railroads eve having tranferred
to the state the title to the property
or the states ever having paid over
the money for the rights involved,
or even a contract between the state
and the railroad company.
ION July 10, 1919, the entire
highway commission met, according
to the minutes, the other members
Of the board at that time being Sam
uel A. Haverstick, Trenton; Anthony
R. Kuser, Bernardsville; George e.
Blakeslee, of Jersey City; and Louis
C. Duncan, Westfield. But the min
utes omit any not Of the commits
sion's having ratified the decision OF
it's executive committee made on the
previous June 20 at Atlantic City in
this matter, nor is there a record on
it of any subsequent meeting, al
though the same board was in office
for a year thereafter.
Despite this lack of action, con-
frmatory or otherwise, upon the
part of the entire commission, John
w. Herbert, without the railroad
having decided to the state the title
to this right of way~and without
obligating itself to convey the prop
erty, proceeded on November 10,
1918, to place his stamp of approval
on the plans and specifications Tor
the construction of this section OF
Route 4 by afixing his signature TO
the plans as chairman of the hfgn-
way commission.
"The road was to be constructed
of Portland Cement Concrete, one
course, and on January Z, ls2o sun
without deed or contract from the
railroad, the then commissioners
proceeded to open bids for n con
tract. L. ]. Selling was the loWest
withan estimate Of S73,4S1, ana on
| the following day, January ., iszV,
was awarded the contract TO puIlo
a new state road, with state money
on private property of the Pennsyi-
| vania Railroad. ..;s
9TH problem which contronts LIE
| commission now is the best course
TO pursue in Strengthening u lhe
tangle. There is no doubt thdt ply,
lie policy demands hat TINS sTee -u
| Of road now owned by the reH M
sylvania railroad be acquires. w.
A. NOT believe that this commission
or IFS predecessors would ever have
had the right to pay the PennsyI,,
vsnia. Railroad for the cost "
ridges built by that company. Ihese
ridges were built, so far as can DC
ascertained about twelve years aso
The railroad is willing to turn over
to the state this road, upon WnicI
nearly $4,000 of state money nau
he en- spent, only upon condltion
hat in addition to paying o tne
sorr and one-half acres lnvolveo q,
$1,000 an acre the state shan auu
toe sum of SIS, 900 for the bridges.
I'VE have an opinion from the at
,ornev enera on this point when
says in part: c+s+s
pictwav Commission did not acl
unGer statutory authority in tnls
transaction, and unless the presch'
commission considers that the dam
ages incident to the land taken a.
"a the remainder thereof lett WIZ
the railroad company We're such a.
10 Justify the payment OF the suIn
| claimed in addition to n price
maid for the land, 1 see no JustinCa,
tIon for the payment of the sum Of
SIS, 300.
"This commission is opposed &c
any private agreements with cor,
norations, such as the PennsylVdhie
railroad, which might be construed
later to be contrary to the best IN
terests of the people of New Jersey
We are, therefore. of the oplnlor
that condemnation proceedings
should be- started forthwith to &C
uuire this road upon which a large
sum of money has already beer
spent.
acted in the past in offering to sci
the road from a high impulse o
public interest and it is only through
the failure Of the former Stat
Highway Commission to competent
ly dispose of the matter that tn
present complication has arisen"
STATE HIGHWAY COMMISSION