Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-07-23
Are Liens Lawful for
Curbs and Cutters !?
To the Editor Of The star: !.

TO tne EDITOR OF The Star.
In your issue OF April Z, 1890, 1t was
reported that the 'front-foot basis" OF
assessment under the Borland amend
nrent. applied to lots Of irregular shape.
received another jolt when the District
Court Of Appeals on that date declared
it illegal, even to an assessment for
curbing.
The report further states that the
corporation councils office contended
that the curling is. separate and dis
tinct from the street, and is neither
part OF the sidewalk nor part OF the
street.
|. This admission places in an unde-
Sirable position those District paving
officials who have succeeded in getting
from Congress large sums of "gasollne
tax" money for concrete curbS or con-
crete curbs and cutters, and discloses a
lamentable lack of coordination De-
tween the legal department and the
engineer department of the District gov
eminent.
An engineer knows that the curb is
the finishing edge of the sidewalk; that
the roadway is the space between the
curbS, indicated by the lower grade and
by width in feet marked on working
road maps of the District. .
District engineers, therefore, should
have instantly realized that the "gaso-
line tax" act sets forth in language clear
and unmistakable that the proceeds de-
rived from the tax on motor venice
fuels shall be used exclusively for street
and road improvement and repair, ana
that money from that fund should never
have been asked for nor used TO install
curbS.
How may any property owner be as
caccad 10 xfrf1I for r1Irhc milf in with
gasoline tax" money, when 1t is ad-
mitted and well known that the curb
Is not a part of the roadway? HOW
may he be legally coerced by threats OF
sale of his property into paying a spe-
cial assessment for curb put in with
gasoline tax" money, and thus be
forced to become an unwilling party to
what he believes is prohibited misuse OF
public fund? 1t is not surprising that
many requests have been made recently
for cancellation of special assessments.
When concrete curb and gutter are
put in on q macadam street already i'm
proved, the assessment notice sets forth
that the property owner is assessed I'M
der the act of August z, 1894, and on
the notice is typewriter Curb and
Gutter, D. C.. Gasoline Tax" indicating
that the work was done With money
from the gasoline tax" fund. I find
nothing in the act of August z. 1894,
which directs that assessments be levied
for curbs and cutters, or for curbs on an
improved street, or for cutters on any
street. Thus you are assessed and re-
quired to pay for concrete curb and
gutter without apparent lawful authori-
zation.
District of Columbia appropriation
acts for several years have distinctly
stated that no part of the gasoline tax"
fund shall be used for the improvement
of any street or section thereof not
specified in said acts. That language
was construed to mean that streets must
be named Not one of these acts las
far as 1 can find) has ever named an
improved macadam street for curb and
gutter installation. If the streets are
not named, the statute appears defec-
tive, and the money should not be used
until Congress has named the streets in
the appropriation acts.
I find in none CT these District appro-
priation acts any authorization to assess
for curbs and cutters put in with money
from the gasoline tax" fund. These
acts authorize assessments only for paw
ing and repaving roadways when such
roadways are paved or repaved with
funds derived from the tax on motor
vehicle fuels. And that Is no authorize
ton to assess for curbs and cutters.
The Star OF July IA and Is, 1880,
contains long official list of thorough
fares along which curbs are to be set
and others on which curbs and cutters
are to be placed during the present
fiscal year. Opportunity will be af-
forded property owners at the public
hearing on July 80, 1880, to protest
against the use of gasoline tax" funds
for curbs and cutters before the work
is done, and thus very effectually pre-
vent, if possible, the levying of an
assessment against their property.
This condition of assessment affairs
is so serious a matter and is so wide
spread that it seems to me the District
Commissioners, in advance of the date
of hearing, should try to get an author
itative opinion as to whether gasoline
tax" money may lawfully be used for
curbs, when the language of the "gaSo-
line tax" act clearly requires that such
fund shall be used exclusively for street
and road improvement and repair. This
they should do for the best interests Of
the District of Columbia, as well as to
ascertain definitely whether these as
sessment liens placed upon the clear
titles of property owners have justifica
ton in unrepealed statute law enacted
for the protection of public funds.
JOSEPH w. CHEYNEY.