Chapter 809. For the extension of Columbia road east of Thirteenth street, and for other purposes
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CHAP. 809.— An Act For the extension of Columbia road east of Thirteenth street, and for other purposes. June 6, 1900. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That within twenty days after District of Columbia.Extension of Columbia road. etc.Petition for condemnation.the passage of this Act the Commissioners of the District of Columbia be. and they are hereby, authorized and directed to institute in the supreme court of the district of Columbia, sitting as a district court, 666by petition, particularly describing the lands to be taken, a proceeding in rem to condemn the land that may be necessary for the extension of Columbia road east of Thirteenth street, through block twenty-three of Columbia Heights, with a width of sixty feet, so that the western terminus of Steuben street will be connected in a direct manner with the eastern terminus of Columbia road as now located west of’ Thirteenth street.
Sec. 2. Assessments for benefits against abutting property. That of the amount found to be due and awarded as damages for and in respect of the land condemned for the extension of Columbia road as herein provided, such amount thereof shall be assessed by the jury hereinafter provided as benefits, and to the extent of such benefits, against those pieces or parcels of land on each side of said Columbia road as extended through block twenty-three of Columbia Heights, and also on any or all pieces or parcels of land which will be benefited by the extension of said Columbia road as said jury may find said pieces or parcels of land will be benefited: and in determining the amounts to be assessed against said pieces or parcels of land the jury shall take into consideration the respective situations of such pieces or parcels of land and the benefits they may severally receive from the *Provisos.*Rejection of award, etc.extension of Columbia road as aforesaid: *Provided*, That if the aggregate amount of the benefits to be assessed, as determined by said jury pursuant to the provisions hereof, is less than one-half of the amount of the damages awarded for and in respect of the land condemned, the Commissioners of the District of Columbia may, in their discretion, reject the award and assessment of said jury, and all proceedings hereunder shall be null and void.
Sec. 3. Notice of tiling of proceedings. That the said court shall cause public notice of not less than ten days to be given of the tiling of said proceedings, by advertisement in such manner as the court shall prescribe, which notice shall warn all persons having any interest in the proceedings to attend court at a day to be named in said notice and to continue in attendance until the court shall have made its final order ratifying and confirming the award of damages and assessment of benefits of the jury; and in addition to such public notice said court, whenever in its judgment it is practicable to do so, may cause a copy of said notice to be served by the marshal of the District of Columbia, or his deputies, upon such owners of the land to be condemned as may be found by said marshal, or his deputies, within the District of Columbia.
Sec. 4. Condemnation proceedings. That after the return of the marshal and the filing of proof of publication of the notice provided for in the preceding section, said court shall cause a jury of seven judicious, disinterested men, not related to any person interested in the proceedings, and not in the service or employment of the District of Columbia or of the United States, to be summoned by the marshal of the District of Columbia, to which jurors said court shall administer an oath or affirmation that they are not interested in any manner in the land to be condemned nor are in any way related to the parties interested therein, and that they will, without favor or partiality, to the best of their judgment, assess the damages each owner of land taken may sustain by reason of the extension of said street and the condemnation of lands for the purposes of such extension, and assess the benefits resulting therefrom as hereinbefore provided.
The court, before accepting the jury, shall hear any objections that may be made to any member thereof, and shall have full power to decide upon all such objections, and to excuse any juror or cause any vacancy in the jury, when impaneled, to be tilled: and after said jury shall have been organized and shall have viewed the premises, said jury shall proceed, in the presence of the court, if the court shall so direct, or otherwise as the court may direct, to hear and receive such evidence as may be offered or submitted on behalf of the District of Columbia and by any person or persons having any inter667est in the proceedings for the extension of said street.
When the Verdict.hearing is concluded the jury, or a majority of them, shall return to said court, in writing, its verdict of the amount to be found due and payable as damages sustained by reason of the extension of said street under the provisions thereof, and of the pieces or parcels of land benefited by such extension and the amount of the assessment for such benefits against the same. Sec. 5. That if the use of a part only of any piece or parcel of Considerations of value where part of lot is taken.ground shall be condemned, the jury, in determining its value, shall not take into consideration any benefits that may accrue to the remainder thereof from the extension of said street or highway, but such benefits shall be considered in determining what assessment shall be made on or against such part of such piece or parcel of land as may not be taken as hereinbefore provided.
Sec. 6. That the court shall have power to hear and determine any Exceptions to award.objections which may be filed to said verdict or award, and to set aside and vacate the same, in whole or in part, when satisfied that it is unjust or unreasonable, and in such event a new jury shall be summoned, who shall proceed to assess the damages or benefits, as the case may be, in respect of the land as to which the verdict may be vacated, as in the case of the first jury: *Provided.* That if vacated in part, the residue of *Provisos*.—award vacated in part.—limit of time for tiling exceptions.the verdict and award as to the land condemned or assessed shall not be affected thereby: *And provided further*, That the exceptions or objections to the verdict and award shall be filed within thirty days after the return of such verdict and award.
Sec. 7. That when the verdict of said jury shall have been finally Payment of awards.ratified and confirmed by the court, as herein provided, the amounts of money awarded and adjudged to be payable for lands taken under the provisions hereof shall be paid to the owners of said land by the Treasurer of the United States, ex officio commissioner of the sinking fund of the District of Columbia, upon the warrant of the Commissioners of said District, out of the revenues of the District of Columbia: and —appropriation.a sufficient sum to pay the amounts of said judgments and awards is hereby appropriated out of the revenues of the District of Columbia.
Sec. 8. That when confirmed by the court the several assessments Assessments a lien on lands, etc.herein provided to be made shall severally be a lien upon the land assessed, and shall be collected as special improvement taxes in the District of Columbia, and shall be payable in four equal annual installments, with interest at the rate of four per centum per annum from the date of confirmation until paid. That said court may allow amendments Amendments permitted.in form or substance in any petition, process, record, or proceeding, or in the description of property proposed to be taken, or of property assessed for benefits whenever such amendments will not interfere with the substantial rights of the parties interested, and any such amendment may be made after as well as before the order or judgment confirming the verdict or award aforesaid.
Sec. 9. That each juror shall receive as compensation the sum of five Compensation of jurors.dollars per day for his services during the time he shall be actually engaged in such services under the provisions hereof. Sec. 10. That the sum of three hundred dollars is hereby appropriated, Appropriation for condemnation expenses.out of the revenues of the District of Columbia, to provide the necessary funds for the costs and expenses of the condemnation proceedings taken pursuant hereto.
Sec. 11. That no appeal by any interested party from the decision Appeals not to delay payment of awards to others, etc.of the supreme court of the District of Columbia confirming the assessment or assessments of benefits or damages herein provided for, nor any other proceeding at law or in equity by such party against the confirmation of such assessment or assessments, shall delay or prevent the payment of award to others in respect to the property condemned, nor delay or prevent the taking of any of said property sought to be 668*Proviso*.Payment on final determination of appeal.condemned, nor the opening of such street: *Provided, however*, That upon the final determination of said appeal or other proceeding at law or in equity the amount found to be due and payable as damages sustained by reason of the extension of said street under the provisions hereof shall be paid as hereinbefore provided.
Sec. 12. Provisions for assessment of benefits, etc., applicable to other street extensions, etc. That the provisions of sections three, four, five, six, seven, eight, and eleven hereof, and the provisions of section two hereof as to the assessment of benefits and as to the right of the Commissioners of the District of Columbia to reject the award of the jury, be, and the same are hereby, made applicable to the several Acts of Congress Vol. 30, pp. 1344, 1380, 1381, 1382. 1383.approved March third, eighteen hundred and ninety-nine, entitled “An Act to extend S street in the District of Columbia, and for other purposes.” and “An Act for the extension of Pennsylvania avenue south-east, and for other purposes.” in so far as the same relate to the extension of Sixteenth street northwest, as amended by joint resolution approved the thirtieth day of January, nineteen hundred, to the extension of Pennsylvania avenue southeast, the extension of Staughton street, the extension of Eckington place, the extension of Fifth street, and the extension of Howard avenue, except, nevertheless, that the assessment areas fixed by said several Acts in reference to said several streets shall he and remain as in and by said Acts of Congress provided.
Eleventh street extension.Vol. 30. p. 1344.Petition for final confirmation of awards, etc.The Commissioners of the District of Columbia are hereby authorized and directed to make application to the supreme court of the District of Columbia holding a district court, for the final ratification and confirmation of the awards of the jury for and in respect to the land condemned for the extension of Eleventh street: and said awards, when so ratified, shall be paid as provided by said Act of March third, eighteen hundred and ninety-nine, anything in said Act to the contrary Reassessment.notwithstanding.
And in the event that the assessments for benefits levied by the jury in relation to said Eleventh street shall for any reason be declared void, the said Commissioners of the District of Columbia are authorized and directed to make application to said court for a reassessment of such benefits under and in accordance with the provisions of this Act. Sec. 13. Four-and-a-half street NW. renamed Fourth street. That the name of Four-and-a-half street northwest is changed to Fourth street northwest.
Approved, June 6, 1900.