Evening star., 1928-02-12
BY WILLIAM J. WHEATLEY.

BI WILLIAM j. NhIEH lLEI.
w YITH millions OF dollars Of
a property to be acquired here
wv by the Federal Government,
and probably great deal OF
1t by condemnation because
of the inability of the owners and the
Government representatives To reach an
agreement as to what Is falr price.
one Federal agency. the National Capt.
tai Park and Planning Commission. Is
fostering a new condemnation law.
The measure now Is pending In Doth
houses of Congress. having been intro
duced in the upper House by Senator
Capper. and in the lower House by
Representative Zihlman. both chairmen
of the District committees OF their re-
spective bodies, and both members of
the park and planning commission.
where 1t really came To life.
The measure was born as result
of the difficulties encountered by the
park and planning commission in at
tempting to obtain lands for park and
playground projects. and In acditlon
to being designed to speed up condemna-
ton proceedings here also Is aimed at
so-called ring" which. officials
allege. exists here to urge owners
whose lands Is sought for governmental
rather than sell outright. because the
experience has been that better price
| Is obtained by this method through
the ability to put so-cal!ed experts on
! the stand to testify as to its value. On
! the other hand there Is the feeling in
| some circles that the Governments IS
| funds are unlimited, and Immediately
1t makes known its desire TO acquire
certain property the value goes up ma
terially.
| Step to Conserve Funds.
| As representatives OF the taxpayers
as q whole, the Government agents are
merely trying to buy at fair price
and are not disposed to let the Govern
ment pay an exorbitant price simply
because 1t is the Government.
The proposed law. which. as now
written. does not apply to condemna-
tions of property for use Of the munich
pal government. makes radical change
in the condemnation procedure as fol-
lowed in the local courts at present.
but 1t is believed that il enacted it will
result in the saving of thousands of
dollars to the Government and the tax
payers. although perhaps it will take
away some money from property own
ers and the so-cailed ring" which
favors the condemnation of the prop
erty rather than the private sale under
the present system. On the other hand
there is branch of the legal profession
which believes that the proposed change
Is so radical that II passed condemna-
tions sought TO be made under 1t will
be challenged all through the legal
channels until 1t finally, years hence.
reaches decision in the United States
Supreme Court. where it would go. in
volving. as 1t does, very important
Federal question.
The District Commissioners. acting
on the recommendation of the corpora
ton counsel. have expressed their op-
position TO the measure. and do not
want municipal projects included with
in the provisions of the measure.
/ Their opposition is based solely on the
! belief that some Of the provisions OF
the new measure are of doubtful legal
ity. a test OF which viii result in long
delay.
Budget O. X. Necessary.
The measure has not yet received
the approval of the Bureau OF the
Budget. which Is necessary because o.
the provision In IT for the appointment
OF an additional judge to the Supreme
Court of the District of Columbia
whose duty 1t would be to handle con-
oemnation cases. and who would be-
come an expert II the procedure out
lined In the bill is carried out.
Under the present system in practice
mere, when the Governments desires 10
exercise its right of eminent domain.
condemnation proceedings are insti-
tuted In the District Supreme Court. A
panel OF freeholders is summoned. on,
OF which three are selected. to form
condemnation jury. They may be
real estate operators. The jury meets
and organizes. views the property and
then begins the taking OF testimony
| Without the presence of judge II
does not have to meet and continue %
meet until II finally decides on thu
award. but sometimes adjourns for
weeks at a time. Some Of this delay
Is due to arguments Of counsel on
points OF law involved. and on which
the lurymen are not competent to pass
not being trained In the law. When
/ they reach such snas as this. ha,,
they have 10 wait until they can o.,
a decision from one OF the justices,
/ then another meeting for more tessi-
mony. and then they may become in :
! viewed IN more law. with a similar re-
| suit and all the while the DAYS, weeks
anu Hiotitns are passing. the proceed
| ing, when II reaches the justice. also
has 10 take It's turn with hundreds of
other cases pending before the local
! justices and meets similar delays.
/ While all this delay Is going on there
| Is the possibility that the owner might
| have done something TO the land which
would make II useless to the Govern
mcnt for the purpose FOR which ii was
condemned, and this applies payticu-
| larry TO lands wanted for park and
playground purposes II has happened
| Very recently the Park and Planning
/ Commission sought a playground III the
northeast section OF the city. after
| many pressing appeals from the popu-