The Topeka state journal., 1922-12-23
ASK LOWER RENT
Grain Dealers Assn to Present
Case to Legislature.
VIII Affect Elevators Located
ON Right of Way.

The Kansas Grain Dealers associa-
tion will enter the state legislature at
the coming term, to secure reduction
of rentals in railroad rights OF way
on which mills and elevators are stu
ated, and which are leased from the
railroad companies.
In past years it has been the Gus
tom for the railroads to lease the sites
of elevator and mills on their rights
of way for nominal sums, in order to
secure the business from these indus
tries. The interstate commerce COM
mission has held that the carriers who
from it which should compare favor
ably with the rental which they
might secure If the land was owned
| independently of the roads, and the
roads have adhered to this principle.
In Kansas the carriers have adopted
the policy, according to the grain deal
| ers, of fixing the valuation of the land
on which the industry is located, and
then assessing a lease of per cent OF
the valuation, annually, upon that
land.
The last bulletin of the Grain Deal
ers' association says 'The shipper must
accept the carriers valuation, and pay
a rentalsor vacate the leased land, and
as elevators are not movable, the
lessee must accept carriers terms or
submit to practical confiscation of
property. Carriers realize this, and in
several instances during the past two
years AAdNS AAlOIc IAl1A 0O0DlS0g dAA Al
two cases brought to our attention
have advanced rentals from $12 to SIS
and $S5 per annum.''
The legislative representative of the
grain dealers will introduce a bill at
the coming session of the state legisla-
ture which will permit the state public
utilities commission to fix the valua-
tion-and therefore the lease value-of
ground on railroad rights of way on
which industries are located.
The substance of the bill DrODOSed
is that whenever a disagreement arises
between the owner of an elevator or
grain warehouse, coal shed, ice house.
buying station, flour mill, or any other
building used for receiving, storing or
manufacturing any article of COM
merce, transported, or to be trans
ported, situated on railroad right of
way, or on land owned or controlled
by railroad company, and such rail-
road company, as to the terms and
conditions on which the same is to be
continued thereon or removed there
from, or whenever application is made
by any person, firm or corporation for
the right to a site for such elevator.
or grain warehouse, coal shed. ice
house, buying station, flour mill, or
any other building used for receiving,
storing or manufacturing any article
of commerce transported or to be
transported, and such railway company
and said applicant cannot agree as to
whether said elevator or grain ware
house shall be so placed on said right
of way or on property owned or con-
trolled by the railway company, or as
to the character of the buildings to be
so erected and placed thereon, or the
place where the same is to be erected
and maintained or as to the terms and
conditions under which the same may
be so placed or operated, then. and in
every such event on written applica-
ton to the public utilities commission
by such railroad company, person,
firm or corporation the said public
utilities commission shall have author
ity, and it is hereby made their duty,
as speedily as possible after the filing
Of such application. to hear and de-
termine such controversy, and make
such order in reference thereto as
shall be just and right between the
parties under all the facts in the case
which shall be enforced as others of
said commission.