Evening star., 1928-11-11
LIMIT ON SCHOOL SITE PRICES
ASSAILED AS CAUSE OF DELAY
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gress by the District Commissioners in
an appeal for authorization to buy at
more than 125 per cent of the prop
crty's assessed value.
Up to the point at which condcmna-
tion proceedings are entered upon, Maj.
Atkins and the owner are the only
principals involved, but in these prs
ceedings there are, In addition to the
Districts purchasing agent and the
owner, a commission, or a jury-n an
appeal Is noted after the first price
IS stand retinue of expert wit
nesses" in the persons Of professional
real estate men.
Professional Witnesses.
The condemnation court has it's real
estate men swearing, in the pay of the
owner, that the property in question IS
worth a high price, and other real
estate men, In the employ of the Dis
trict, testifying that it is worth a fig
ure in closer proximity to the assess
ment. The fees received by the expert
witnesses" in the condemnation cases
vary from $25 to SIS in the simpler
cases, while the witnesses for the
owners in cases where series of lots
are under consideration may receive
up to 5000 or more
Condemnation iuries, lacking specific
knowledge of land values in the vicinity
and better system by which they may
act on the array of testimony. generally
set price which is a. mean between
that established by the Districts wit
nesses and that proposed by the own
er's experts. This price, Maj. Atkins
INnc fIA: tl%n
125 per, cent limitation, so that no
owner ever has been called upon to
give up his property at price which,
from the assessment point of view, is
"cgcrifice"
Even though the Condemnation Court
has SCI price at which the Govern
ment may seize the property. the trans
action may not yet be closed, for in
order to pay more than 25 per cent
above the assessed value special au-
thorization must be obtained by the
District from Congress. Hence, Maj.
Atkins must wait at least until the next
session Of Congress, when the case is
considered by The deficiency commit
tees. In some instances it is impossible
to complete condemnation proceedings
in time to submit the item to the en-
5uing session of Congress and delay
OF further year is encountered. With
the authority finally granted, however,
the purchase may be made and the
deed transferred to the District.
Believes Better Terms Possible.
Without going into condemnation
proceedings, Maj. Atkins is convinced
ne can make better bargains and OBJ
tain lower prices than the commissions
or juries allow
In two cases which may be used as
examples, the condemnation jury prices
actually were higher than the figures
ing by Maj. Atkins, declared they
would accept. These involved ground
needed for expansion at the Morgan
School, California and Champlain
streets, and at the George Truesdale
School included house and lot for
which the owner first wanted $4,000.
The assessed value of this property
was $2,400 making the 125 per cent
restriction price $4,000. The owner
OF the house had paid $4,000 for it
curing the price boom of the war but
he claimed he had made 1,500 worth
OF repairs on the house since he had
occupied it. Maj. Atkins bargained
with the owner for some months and
finally the man agreed to sell his house
and lot to the District for $1,000. Mai.
Atkins recommended that this price be
accepted. However, this transaction
was oeing carried on just after the 1875
per cent restriction went into effect
and, although the funds for the pur-
chase OF this property were not subject
to the limitation, the Commissioners,
cognlzant Of the intent of Congress in
placing the restriction, refused to
authorize the purchase of the property
at a price so far in excess of its as
Sessed value.
Consequently Maj Atkins was obliged
10 enter into condemnation proceed
lngs ana the jury in the case returned
verdict OF $3.50 as fair price for
the property. This was the price which
was paid for the property although it
was S1,750 higher than the owner pre-
viously had agreed to accept. Of
course, when condemnation iurv sets
price above the owners, the property
holder accepts that as his figure and
obviously will not dispose of his prop
erty on the basis of any lower return
to himself
An almost identical situation existed
In the case of the Morgan Schools
needed ground The property was as
sessed at $12,750 and the owners low
est figure was $20,85O. The sale went
into condemnation and the iury
promptly returned a price of $22,60O.
which was the price the District actu-
ally paid.
When Congress placed the 125 per
cent limitation into effect, it appropri-
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