Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-18
Decision Probably viii Dis
pose of Amendment Cancel
Ing Levies for 8 Years.
PROVISION WOULD ADJUST
B0RLAND LAW PAYMENTS
Next Committee Meeting Set for
Tuesday on Powers of Utilities
Commission.

The Senate District Committee may
decide sometime this week what action
1t will take on the new street paving
assessment measure, including the latest
amendment advanced by the Commits
sioners yesterday TO cancel all assess
ments made during the past three years
under the original Borland law and re-
assess those cases according to the new
system to be established by the pending
bill.
The old Borland law, under which
these past assessments were made,
placed half the cost of street project,
up to certain width, against the
AUDITING owners. The pending bill
places a series of limitations on the
amount that may be levied against q
piece Of property, considering the shape
Of the lot, the value of the property,
the area and similar factors, the alb
sence Of which In the old law resulted
In injustices.
The effect of the amendment sub
mitted yesterday would be to adjust all
assessments during the past three years
by refunding to property owners the
difference between the sum they paid
under the old law and the amount they
would have been required to pay under
the methods of assessment prescribed
in the pending bill.
Many Claims Pending.
This proposal Is designed as solution
of the problem which has arisen by
reason of the fact that the courts have
held the present law inapplicable TO
many classes of property, including lots
of irregular, triangular and rectangular
shape, and that the District Building
has before it hundreds Of claims for
refunds from other property owners
who paid their assessments.
In addition to this plan for adjust"
ing assessments of the past three years,
the Commissioners also recommended
several other new provisions TO the
pending bill yesterday as follows:
A section providing that II any part
of the proposed new assessment law
should be held unconstitutional py the
courts, it would not ahect the act as Q
whole or any portion other tnan tine
part declared invalid.
A provision reducing from 8 per cent
to 6 per cent year the rate OF interest
to be charged on deferred payments
of paving assessments, provided, now
ever, that when installments are not
paid within the required time the de-
iinquent amount would bear interest
at IL per cent a year.
Next Meeting Tuesday.
Senator Capper, chairman OF the Dis
trict Committee plans to lay the whole
question before his committee for de-
cision as soon as copies Of the hearing
held 10 days ago are available to the
other committee members.
The next meeting of the committee,
at 2:30 o'clock Tuesday, is primarily
to consider broadening the powers OF
the Public Utilities Commission, but
there is possibility the committee may
be ready at that time to consider Its
decision on the Borland law.
Whether the measure Is enacted at
this session will depend largely on
whether any controversy regarding 1t
develops on the Senate floor. The leg
islative program is such that there will
not be much time to devote to any
measures on the calendar which be-
come controversial
The essential feature of the proposed
new Borland law is the section which
places the following restrictions on
assessments in an effort to meet the
objections which developed against the
present law in the courts:
THE maximum linear front foot a.
seSsment levied hereunder shall not ex-
coed $3.50 per linear front foot. The total
assessment levied hereunder against
any abutting property shall not exceed
the number Of square feet OF area OF
of per centum of the assessment per
linear front foot, and shall not exceed
20 per centum of the value of the said
AUDITING property exclusive of i'm
thereon, as assessed for the
purpose Of taxation at the time Of the
paving or repaving of the street, avensfs,
or road for which said assessment Is
levied. In computing assessments here
under against unSubdivided land by the
square foot or according to the assessed
there shall be excluded from
the computation land lying back more
than 100 feet from the street, ave-
nue., or road being improved where the
depth Is even; where the depth Is UNI
even, the average depth shall be taken
in computation, but not to exceed 100
feet"
Appeal Provision Made.
There are other provisions to pro-
vide for equalizing assessments where
faces two or more streets and
retention of the clause in the present
law that no property on which. one as
SeSSment has been levied shall be as
sessed again for future requirements Of
the street.
The bill as introduced would allow
owners who felt they had been
unfairly assessed to appeal to the Com
missioners for reconsideration. TIE
Federation of Citizens Associations hss
an amendment pending with the Sem
ate to create q board of private prop
erty owners to hear these appeals.
The text Of the amendment sug-
gested by the Commissioners yesterday
for the reasseSsing of all cases during
the past three years, follows:
THE Commissioners of the District
Of Columbia are hereby directed to
canceal all assessments for improve
ments completed within three years
prior to the date of approval of this
act, levied under the authority Of the
acts of July 81, 1914, SO Stat, SEA, and
/, 1915, relating to as
sessments for the paving of streets, ave-
nueS and roads, or under the act Of
August Z, 1894, and the Commissioners
are further directed to reassess the
cost Of such Improvements against the
AUDITING property in accordance with
the provisions of this act, which as
sessments shall become a lien upon the
AUDITING property and be collected In
the manner provided herein. Where
assessments for such improvements
have been paid in whole or In part
within three years from the date of
0f THE tho HO,1y,,ieciooap9