Evening star., 1928-04-19
Condemnation Procedure


| Hearings are now in progress before
/ the judiciary subcommittee Of the House
I District committee on legislative pro-
! poSals 10 facilitate condemnation pro-
/ ceedingS, There are three proposals,
backed, respectively. hy the National
| Capital Park and Planning Commission.
| by the Department Of Justice ard by
the District Commissioners. The hear
/ ings are being held before the judiciary
subcommittee Of the House District
| committee. but 1t Is probable that the
matter will have 10 be passed upon by,
the House judiciary committee.
There are two phases Of the subject
acquisition Of land for the Federal Gov
ernment's use in its public building pro-
gram, including the development Of the
triangle south of Pennsylvania avenue
to the Mall. and acquisition of land for
District government or municipal occu-
pancy, such as school and playground
sites. Nowhere else throughout the en-
tire country are condemnation proceed
ings necessary on such a large and con-
tinuous scale as here III the National
Capital.
The congestion OF our higher courts
here, cue largely TO the fact that this
being the seat Of government forces into
our courts many cases other than those
that would ordinarily be tried there as
court district. has resulted In con-
demnation cases being delayed for trial,
working q hardship both 10 the Govern
ment and to the owner Of the property
to be acquired.
The solution originally recommended
By the National Capital Park and
Planning Commission. and subsequently
urged in the bill drafted by the cor
poration counseis Office. is for the very
practical relief through appointment Of
an additional judge, whose primary duty
would be to sit in condemnation cases.
and when there was no condemnation
case to keep him occupied. would be
available for the relief OF the regular
court docket.
intricate and can best be handled By
one with extensive experience. The
proposed course would give the new
judge unprecedented experience. so that
he would soon be sn expert on this sub
ject, and 30 could do more exact justice
70 the parties In controversy, this owner
and the Government seeking 10 acquire
the property.
jurisdiction. 1t being the contention Of
the House judiciary committee that 1t
has exclusive jurisdiction over such leg
islation as calls for an increase In the
judiciary. or course. there is the
counter argument that as this legisla-
ton applies exclusively 70 acquisition OF
property here In the District the House
District committee has jurisdiction.
The District Commissioners and the
corporation counsel contend that the
present law Is not no bad as is reported.
and that what is needed above all else
Is an additional Judge, so that cases can
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ordinary court docket may be congested
They also emphasize that the present
Law has been passed upon by the Court
Of Appeals, while a new Law could not
be thus supported by decision on appeals
for several years.
TO prevent costly delay In the Fed
eraI building and Capital development
program. IT Is Of extreme importance that
all agencies Of the Federal and District
/ Governments that are interested IN such
matters should as soon as possible agree
on a compromise measure that can be
passed by Congress before adjournment.
Extensive hearings before a subcom~
nlittee Of the House District committee
are unavailing unless those In author
/ lty agree On what should be- done and
| the two House committees now IN dis
agreement over the question Of jurisdic-
ton unite In supporting a relief measure
/ AZ, much fAeaed