Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-09-09
Benefits and Condemnation.

District Surveyor Hazsn raises an in
teresting point in his implied criticism
of the numerous condemnation pro-
ceedingS instituted by the municipality
for the acquisition Of land. when the
land so acquired will lie Idle for many
years. In the interval between the
levying and payment Of benefit assess
ments and the improvement Of the
land the citizen so assessed has been
taxed for q benefit that does not exist.
He loses the use of his money during
that interval without the compensat ton
that is legally supposed to lie in the
benefits sccruing from improvement.
The time consumed in these condem-
nation cases is traditional The courts
have not been able to make great head
way in dispoS!pg OF the accumulation
OF cases in the last few years, the nor
NAL congestion having been aggravated
by the Federal Governments building
program. In the last year Mr.. Hazen
points out that there were sixty-hVe
condemnation cases on the court docket,
twenty-eight Of which were filed dur
ing the year Twenty-Five jury awards
were confirmed by the condemnation
court. which shows that the business Is
far from being current. After the land
is condemned there IL a delay before the
project is completed.
Some OF the condemnation Jobs have
required ten years and more. Some
OF the property owners may never
live to witness the benefits for which
they have been assessed. And there
are other projects that even now prom
Use to become as notorious
Mr.. Hszen believes that the District
should undertake condemnation only
when 1t is certain that the improve
ment OF streets and alleys will follow
within a reasonable time, or only In
such cases when delay in the inaugu-
ration OF proceedings will mean that
the finsl cost is going to be increased.
This latter threat is doubtless always
present When the municipal authori-
ties delay their acquisition OF land,
through direct purchase or through
condemnation, they run the risk of
paying for the delay through the in
creased price Of property. They some
times must choose between acquiring
the land long before 1t can be i'm
proved or In paying much more in the
end.
The greatest evil in connection with
the condemnation of land for the
opening of streets existed In the law,
changed few years ago, which COM
PEELED the District to find benefits and
levy assessments therefor TO equal the
damages. This requirement still exists
in the cases of alleys and minor
streets, although 1t no longer applies
In the case OF major thoroughfares.
The practice at present Is TO leave the
finding of benefits to the jury that
awards the damages, the District MAX
ing up the balance out Of It's general
fund.
Assessments for benefits should be
made regardless Of the amount OF the
damages awarded. And while there is
a recognized benefit accruing to the
owners CT property by the opening and
improvement of new roads and alleys
in Q new subdivision, it is not at all
established that the mere widening or
Improvement of Q road constitutes
special benefit to the owners OF adloin-
ing property alone. 1t Is, rather, ben
EFT to the community as whole.
In connection with Mr.. Hazen's
views, i, is difficult to understand why
the collection of benefit assessments
should not be delayed until the benefits
are actually conferred. There is no
equitable Justification in collecting for
benefits many long years in advance of
the improvement.