Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-05-09
Condemnation Jury'S Verdict
in Widening Case to Be
Strongly Fought.
MORE THAN 1000 GIVE
WEIGHT TO OBJECTIONS
Fail to See Benefits From Project.
District, However, to Back
It's Stand.

A vigorous fight against confirmation
of the verdict of the condemnation jury
in the Benning road widening case ap-
peared inevitable today as the corpora
ton counsel's Office, at the direction of
the District Commissioners, prepared to
seek ratification of the awards and as
sessments by the District Supreme
Court.
The case affects more than 1000
property owners in Northeast Washing
ton, several hundred of whom already
have protested vehemently to District
officials against the special assessment
levied as a result of the jury's verdict.
A number Of other objections. it is UNI
Gerstood, also have been filed with the
court. These will be considered when
the case comes up Wednesday for rati-
fication.
Purpose of Suit
The condemnation suit was instituted
by the Commissioners for the purpose
of widening Benning road northeast
from Fifteenth street to Oklahoma
avenue at the fringe of Anacostia Park
It is planned to widen the road from
45 to 10 feet and move the car tracks
of the Washington Railway & Electric
Co. to the center of the roadway.
The protests against the jurys ver-
dict is due primarily to its decision to
spread the special assessment for bene-
fits to arise from the widening of the
road over a wide area extending for
nearly six blocks north and south of
the tlloroughfare and as far west of
Fifteenth street as Thirteenth street
and Trinidad avenue.
While the assessments are small in
most instances, averaging about $40
la a
ticularly those in the area three, four
and five blocks away from Benning
road have complained that they fail to
understand how the widening Of the
tf1oroughfare would in anywise benefit
their property.
Property Along Road.
Aside from the more than 1000
property owners assessed for benefits,
104 who own property along the
road will lose it through condemnation
if the court confirms the jurys verdict.
The total damages as result of the
condemnation including court costs, the
Jury found amounted to S196, 81.
The BENEFITS assessed against the va
rious lots and pieces of parcels OF land
in the wide area over which they were
spread total S113,243.18, which leaves
a balance of S82 1914 to be paid by
tAkC AAo1AiNV All OAAC "ANSA'S "a N-~>
road.
The condemnation was originally or
dered by the Commissioners back in
1918, but the case has been dismissed,
relied, submitted to jury, objections
made by property owners, appeals made,
ETC., which have carried it over a Pc
Rod of more than Is years.
Case Considered Important.
District officials consider it one Of
the most important condemnation cases
from the standpoint of street opening
and improvement fled int recent years.
Benning road, they point out, is heav-
lily travelled arterial highway leading
into Anacostia Park as well as the sec
ton to the east, and even into Prince
Georges County, Md.
The Benning road case is the flrst
one decided by condemnation jury
under the new law which requires the
Commissioners to notify property own
ers affected of the decision and give
them an opportunity to file objections
and exceptions. The great number OF
protests is believed TO be one Of the re-
suits of this new procedure.
The objections and exceptions. how
ever. it was pointed out at the District
Building, should be filed with the court
and not with the Commissioners. The
court under the law, it was said, is in
str1lcted to consider the exceptions and
objections at the final hearing on the
jury's verdict.