Evening star., 1934-03-25

authorizing excess or Incl
dental condemnation of property in
street extension, widening, acquisi-
tion Of parks and other land ac-
quisitions for public purposes. DIR.
Jordan, member of the Law Com
mittee of the Washington Board Of
Trade. has devoted several years to
the study of this question. In the
drafting of the pending bill he has
had the active cooperation of Dis
trict and Federal officials.
In a 22-page brief the doctor
reviews similar legislation in the
several States and cities numerous
pertinent court decisions. The
purpose and value of this very es-
sential power in city planning Is
clearly explained in the first para
graph Of this brief as follows:
Excess Cor incidentally condemna-
ton means the taking. in connec-
tion with a public improvement, Of
more land than is needed for the
precise, narrow purpose Of the
improvement itself. In connection
with street widening projects, in
particular, the possession Of this
power would enable a municipal
ity to condemn, not only the prop
erty needed for the specific street
purpose. but also additional land
along the thoroughfare, so that
suitable building lots can be
formed, and to sell under reason
able and proper coming restrictions
the excess property not required
for the specific purpose and for
the direct public use in relation
thereto. Under this power a city
could determine the kind OF build
ing improvements to be erected
along the line of a new street, so
as to preserve its appearance and
other essential features, and there
by the municipality acting for and
in the interest Of the community
at large might. perhaps, be able
to recoup itself for the cost of the
particular Improvement by reason
Of the sale of the excess property
so acquired, and after the land
in question had increased in value
by reason Of the particular i'm
provement."
1t would seem that this proposed
legislation would not only operate
to promote the orderly develop
ment of the District and prevent
the many eyesores, but would be
of distinct advantage to property
owners, all or a part of whose prop
erty is taken in some of these
street extension or widening pro-
jects. 1t would seem far more rea-
sonable to take an entire property
than to disfgure it by condemning
only a part Of it. In some such
cases a part of the property has
been taken and damages awarded
and also the alleged benefits as
sessed against the disflgured prop
erty in question. In many such
cases it is difficult for the owner
to see that any benefit accrues.
but if the entire property is taken,
a new lot subdivision made of the
excess land and then the new lot
sold, the sale price will clearly re-
fleet any benefit from the improve
ment.
There is what appears to be
concrete case in the proposed
widening Of Thirteenth street be-
tween Monroe street and Spring
road. The Citizens Forum of Co.
lumbia Heights at a meeting last
week voiced vigorous protest against
the bill for this purpose recon-
mended by the Commissioners.
This is a project which has been
urged periodically for a number Of
years as a traffic relief. This mar
row stretch Of a great arterial
highway is a monument to short
sighted developers of that sub
division.
To take the required strip from
the property on the east side of
Thirteenth street for the two blocks,
from Monroe street to Spring road,
will unquestionably disfigure this
keeping with the general appear
ance of the entire street. Under
the proposed excess condemnation
plan the entire frontage would be
taken the property cleared and
when the widening was completed
the excess would be divided and
sold.
Prospect Of Team Work
For Bridge Program.
~uE rernnt tn,,r of prnI1r