Evening star., 1938-07-30
PLAINTIFF IN CASE
MADE DEFENDANT
Unusual Situation Faced in
Condemnation Suit in
Los Angeles.

used as the city's Union passenger
terminal site. the plaintiff in the case
one Of them-was also the defend
ant, most unusual situation. George
L. Schmlltz, Los Angeles, author of the
pioneering Condemnation Appraisers
Handbook" just published, sketches
she story as he will analyze the case
a what is believed to be the country's
hrst course in condemnation apprais-
ms. to be given by the American Insti-
.ute of Real Estate Appraisers in CO.
operation with the School of Business
OF the University of Chicago.
The course. opening August % as an
important new link in the Institutes
work for the advancement OF under
standing of the principles of sound
real estate appraisal. is preceded by
course in appraisal of income property
opening August and by a general
course in appraisal method now in
progress In which appraisal special
lists from SO cities in 25 States are en-
rolled.
The Southern Pacific Railroad
owned the land in the terminal site
case which appraisal specialists in the
institutes coming course will study.
And, as the ma jor owner with Santa
Fe and Union Pacific Railroad) in the
terminal company, it was a plaintiff
seeking to condemn its own property
Tor the terminal company.
Spread in Estimates.
What was not SO unusual, the yar,e
testimony, based on its possible use for
everything from subdivision to an
airport, ranged from 81, 100000 to s4,-
25o,O00 for the 3l-acre site. The
jury verdict was for S1,207,OOO.
appropriations arising in connection
with the widening of Olive street and
Market street in st. Louis, the citv's
principal east and west thorouehfares.
Will be examples used by William C.
Bernard, st. Louis, in lectures he will
give IN the course. The 2-mile stretch
OF street widening on Olive street in
vowed cost in damages of about ST.
100000 per mile. On the complicated
subject OF estimating leasehold damage
IN such case, Mr.. Bernard will use in
illustrating his lecture the Terminal
Railway leasehold Of the Rankin tract
and the McNichols lease, on part of
the Land underlying the McNichols
Building, both involved in the 2l5.
mile-long widening of Market street.
mat damage clouds may have their
silver lining is indicated in one court
case among those to be cited by A. p.
Van Loghem, Milwaukee. special lee
turer in the coming course. When.
some Is years ago, a right-of-way
was being acquired by the Milwaukee
Electric Railway e. Light Co. for a
transmission line to circle Milwaukee
County. considerable damage was
found to be suffered in the case of
buildings on one parcel of land by
reason of the fact that the tower line
easement passed directly over a frame
house and garage.
Although the damages allowed were
apparently sufficient (there being no
appeal taken). the owner has not
moved the structures to location off
the easement. Instead he has COW
cred the outside of the building with
ASBESTOS siding. And several Years
after the award, in an extensive news
paper article, he described the radio
reception in his home under the tower
line as the most remarkable in the
country!
Lecture On Easements.
Major air rights developments of
the United States will be cited by
Mark Levy, Chicago. in special lee
ture on easements and air rights and
their appraisal which will be feature
OF the Institutes coming course III
IN appraisal method as given in CO.
operation with the School of Busi-
ness of the University of Chicago.
Perhaps most notable among the
various air rights developments in the
United States is that series of
developments in connection With the
Grand Central Station in New York,
including numerous large hotel and
apartment developments on Park ave-
nue. and Lexington avenue, and sew
eral large Office buildings elsewhere
in the immediate vicinity" says Mr..
Levy, former president of the Chi
cago Real Estate Board and for seven
years treasurer Of the National As
sociation of Real Estate Boards.
Three air rights developments in
Chicago alone represent investments
approximating some IS million dol
lars. Each is built upon a somewhat
different plan as to utilization of space
above railroad tracks, and each is
unique in this respect
Perhaps the coming years will see
more developments of this type. In
the vicinity of Chicagos loop district
the first of these may very we'll come
over the 81 acres of tracks and yards
Of the Illinois Central Railroad lying
east of Michigan avenue and north
of Randolph street. upon part of which
the 75-story Crane Tower was pro-
posed some years ago.
"As a new feature of construction
and intensiflcation of the use of land,
the subject of air rights developments
is one in which every one concerned
with real estate values must have an
active interest"
Chicago's three major air rights de-
velopments, as Mr.. Levy will analyze
them. are the Daily News plant and
Office building, the Merchandise Mart,
and the new United States post Office,
all block-long structures.
1ndias untouchables, in some dis
tricts, have to shout a warning or
ring bell when drawing near to a