Year: 1879

line Is Theoretically aDanQoaeu BILL 1


oua is not leoalized. The whole ne1ghoo1-
hood Of the proposed Improvement 1aliS
under the ban, becomes neglected, runs mo
decay, people move out of it, and the prop
erty ceases to have market value of any klnd
for any purpose.


Now this is all wretchedly wrong and
wholly unnecessary. The law should make
one Job Of the whole assessment business
It should, by the same proceeding by winch
the value Of the land to be taken and the
compensation to be paid for it are ascer-
tanned, be also determined what of the neigh
boring property is so benefited By the pro-
ceeding Ms to be justly taxable for portion OF
the cost: and also to determine how thus tax
for compensation shall be apportioned on such
benefited property. When the Court anu
jury shall find that 100000 is fair and
just compensation for property taken, they
should at the same time and upon the same
testimony find in what proportion the ad]oln-
ing property shall be taxed the S100,00o.
In all such cases the benefits to result from
the improvements should at least equal the
cost of making them. The whole theory OF
special assessments rests upon that assump-
ton. In case Of street openings or WIDEN
ings, a portion. of the compens alton Is as
sessed to the municipality to cover the street
intersections, and, unless the benefit to the
owners of the adjoining property eqnal the
remainder of the cost, then that should end
the whole business,


At present, when the inquiry in the first
proceeding is confined to the valuation OF the
property to be taken, the testimony IS OIL
directed to giving to it the greatest
possible value. All the nelghoors
tecm in, not to underate, but to mag
Nifty, the value Of the ne5ghborhood
in which they own property. The result Is
that the damage is estimated: far, verJ far,
in excess Of the actual value. But when the
second inquiry is made as to how much the
property in the neighborhood is to be taxed
to pay for that portion taken, then there is
general aud unanimous protest that the
property to be benefited is not worth the tax
With which it is charged! In the one case
the swearing is up-all upward; IN the
other all the swearing is down-downward.
The result is wide deficit. It often happens
that the greatest benedciaries Of the improve
ment ere those who are called upon to sur
render some portion of their land While
these men might often well afford to giva al
that is proposed to be taken from them and
then reap an immense profit on the rest be-
cause of the improvement, they will swear to
IN immense damage, and protest Tehemently
against any contribution to the general
cost.


The members Of the General Assembly
from this county might render great public
service If they would have this general law
on this subject of special assessments for
local improvements SO amended that the
legal proceedings to determine the COM
pensation to be paid for property taken, and
the proceeding to- assess and apportion the
benefits, should be consolidated and made
one case, to be determined by the evidence
for damages and benefts; all taken at one
time. In that way one-helf the slime and
costs consumed in the condemnation busi-
ness would be saved, and each man, in swear
ing up his damages, would have at the same
time to establish propordonately the magni-
tude of his benefits. The present law is ab-
so1utelv destroying property in every neigh
borhood where these condemnation proceed
ings have been begun and only partially con-
cluded. The Legislature can readily remedy
the defect in the law.