Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-05
SWEEPING CHANGES
IN CONDEMNATION
PROCEDURE LOOM
Problem Studied as Congress
Nears Enactment of Tri-
angle Bill.
OFFICIALS IN ATTACK
ON PRESENT SYSTEM
Purchase of Real Estate Becoming
Vital Issue for Federal and
D. c. Governments.
RY HAROLD B. ROGERS.

sweeping ttitil~NS az 49,"
procedure here loohieo
as q vital problem of the near future
as Congress today neared enactment
of the $25, 100000 Mall triangle oiiI'
Passing the Senate late yesterday
with one amendment, the bill no"
goes back to the House, which Is e%'
pected to concur.
With millions of dollars of the tax
PAYERS money about to be expended
not only in the purchase Of the great
triangle between Pennsylvania avenue
and the Mall, but also for parks and
and for school sites
the District, several Gov
ernment agencies now are giving IN
tensive study TO bill pending in the
District committees of both House and
Senate, which would revolutionize the
method of acquiring public property
condemnation.
Criticism Started.
Open criticism of the present sys-
TEN of condemnat ton broke forth at
the last session of Congress in hear
ings on the same bill, sponsored 10y
the Park and Planning Commission.
But now that the real estate purchase
problem OF the Federal and District
governments is expanding to huEe
proportions, the most critical study Is
being given in many quarters.
The bill is under sharp scrutiny by
the Treasury Department. the De-
partment Of Justice. the District Com
missionerS and in other circles.
While hesitating 10 present at this
time their detailed objections. sew.
etai officials today Indicated they
meant 10 register their criticism of
the present system in no uncertain
terms when the opportunity presents.
probably in hearings on the bill. The
legislation was introduced III the new
Congress by Chairman Capper anu
ZIhlman of the Senate and House Dis
trict committees.
Briefly, the new bill would sweep
away the present system. plare new
Justice on the bench OF the Supreme
Court OF the District OF Columbia TO
give attention TO condemnation mat
ters and aunthofize him to hear all
eases directly. unless a
Jury were demanded In case "A jury
were chosen TO sit with the judge IN
court. under the practice Of all ac.
tions al law. no real estate man would
be allowed TO sit on that jury.
Allowed to Testify.
The District assessor. who cannot
appear as a witness before con.
demnation jury. would be allowed
under the bill to testify. The bin
would also allow the Government to
take quick title by paying over per
centage of the estimated value of the
property. the remainder to he trans
at hn .snyRIlsGfnNa aF aH
ings, when the total value was fixed.
The bill ss drawn would not change
the procedure for purchase BY the
District government.
Critics Of the present system feel
there are many flaws In the system
which should be corrected. but IL IN
known that the bin in It's present
form does not meet tho views OF all
officials who are directly concerned.
Judging from survey of opinion in
many quarters which have been in
close touch with the situation, the
demand will be general at the hear.
ings for some changes In the pro.
cedure. but differences of opinion
probably vii develop over important
points.
Much interest IN attached TO the 30.
sition expected 10 be determined be.
fore long by the District Commission
ers. who are carrying forward the
school building program. Al present
both the District and the Federal Gov.
ernmenin operate under the game gen.
eral procedure, but the Cnpper Zihlinnn
bill would change only the Federal
procedure. according 10 those now In
tefpicting It's provisions.
Long Delay Seen.
The triangle In owned by a great
number of persons, ana officials point.
I'd out today. the acquisition Of this
great area not only viii involve many
additional steps for appiopria tiunh ana
condemnation proceedings, but aiho
probably wilt lake considerable time.
Saving Of money by early purchase ih
one of the advantages hoped 10 bc ef,
fected. but. 10 WAS pointed out today,
that II the old condemnation procedure
proved faulty, and II through its
faulty functioning the Government
were forced Ip pay too high prices,
some Of the aims Of the triangle pir.
chDsa bill might be defeated. Long dc.
lay IN this procedure IN cited as one
0f the objections 10 the present aysi eiu.
Furthermore, the old 12a per cent
restriction on purchase, which ls tack
ed on several appPopria tons, allowing
IIn ynsnt Uf no more Than 70 per cent
over the assessed value uf the land,
has tied up hundreds Of thuueHitds at
dollars already appropriated fdf pub
lie improvements here. Euina DifloiH ia
believe change Ia the condemnation
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