Evening star., 1928-03-05
NEW ASSESSMENT
RUL|NGLA|D DOWN
Court Holds Property Owners
Must Be Notified on
Street Bills.

Property owners whose lands are to
be assessed for the cost OF street ex-
tensions must be notified "in fact" and
be given an opportunity to be heard
before lawful assessment against their
lands may be laid. The District Court
Of Appeals In an opinion by Justice
Charles H. Robb made this ruling to-
day when 1t set aside as invalid an as
sessment Of s3500 against premises
400 Sixteenth street. owned by Oscar
Wilkinson. The assessment vas laid
following the report of condemna-
ton Jury for the extension OF Critten-
den street. which was approved by the
District Supreme Court July 80. 1923
The practical effect Of the decision.
IL Is said. will be to invalidate all such
assessments which have not been paid
or which have been paid under protest.
Where voluntary payment has been
made. the courts have held, recovery
cannot be had.
Owners TO BE Notified.
Hereafter. it is expected. when q
verdict of condemnation Is reported.
notice by advertisement and by citation.
when practicable. will be given OF the
assessable area covered by the report
of the jury and the amounts OF pro-
posed assessments on the various lots
affected. naming date by which prop
erty owners whose lands are to be
assessed mus, file objections, II any. to
the award Of the jury.
wilkinson claimed he had no notice
OF the condemnation proceedings or ol
the assessment until October, 1923, He
brought his suit for cancellation June
81. 1924 The lower court. III approving
the report Of the jury. remarSed tnas
the case seemed one of great NaroSlip
TO Wilkinson. but II appeared tnat all
the provisions Of the law had oeen
complied with and dismissed his oill,
In reversing the lower court Justice
Rohb holds that the property holder IS
entitled TO notice OF the assessment re-
ported by the Jury against his land so
that he may have an opportunity 10 b
heard 10 file exceptions 10 the award.
Under the present method III condem-
nation cases advertisement Of the lands
10 be condemned Is made IN the public
press and the United States marshal IS
directed TO serve notice on the owners
whose lands are to be taken. No coti-
fication has been given 10 those against
whom assessments are 10 be made be-
cause Congress has left 10 the jury 70
determine the extent OF the area 10 bs
affected and Il Is only after y repor, IS
made that it is known Just what land IS
To be assessed
There Is no practical reason" SAYS
the court. why. after the Jury has re-
turned Its verdict and before its con-
t,rmation. actual notice cannot be
served upon those against whom as
SeSSments have been made that they
may show cause. II any they have, why
the verdict should not be ccnfirmed,"
Law Lacks Provision.
No criticism Is made OF the ONCE Of
the corporation counsel for the loss Of
the assessment because there Is no Sps-
citic provision OF law for notification of
owners cf property 10 bc assessed. but
Justice Robo points out that princs-
pie is involved When Congress fails tN
specify the area IL be benefited and
delegates this duty to u Jury Of citizens
it becomes. the court says, u judicial"
matter. IN which amy party affected Il
entitled 10 be notified either by actual
service or by publication that ne mav
show hts land not ee IL oe benefited cv
not as much eeneg,ted as charged III the
report of the Jury.