Chapter 810. Authorizing and requiring the Metropolitan Railroad Company to extend its lines on old Sixteenth street
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CHAP. 810.— An Act Authorizing and requiring the Metropolitan Railroad Company to extend its lines on old Sixteenth street. June 6, 1900. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, District of Columbia.Extension of Metropolitan railroad on old Sixteenth street. That the Metropolitan Rail-road Company of the District of Columbia be, and the same is hereby, authorized and required to extend by double tracks the lines of its underground electric railroad from its present terminus at the inter-section of Eighteenth street and Columbia road easterly along Columbia road to the present Sixteenth street northwest, thence north along *Proviso.*Switching cars in streets.Sixteenth street to Park street: *Provided*, That no ears shall be switched in the streets after the expiration of two years from the passage of this Act.
Sec. 2. Columbia road and Sixteen h street to be widened, etc. That before such extension shall be constructed Columbia road shall be widened to a width of one hundred feet, the present Sixteenth street shall be widened to a width of eighty-five feet from Columbia road to Park street, and in such widening the building restriction line on the eastern side of said street shall be taken as far as practicable to form the eastern side of said street when widened; and also suffi669cient land shall be acquired at the northwesterly corner of Columbia road and Sixteenth street so as to allow the street-railway tracks to be laid wholly without the roadway of Sixteenth street as extended according to the highway extension plans: all in accordance with plans to be prepared by the Commissioners of the District of Columbia; and the Petition for condemnation.said Commissioners shall institute in the supreme court of the District of Columbia, sitting as a district court, by 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 and the present Sixteenth street as herein provided, with a width of one hundred feet: *Provide*, That the said Commissioners are authorized and empowered *Provisos.*—location on acquired lands.Control of cars in Capitol grounds.to locate the lines of the railroad of said company within the area so to be acquired as aforesaid: *And provided further*, That the operation of the cars of the Metropolitan Railroad within the Capitol grounds shall be under the control of the Architect of the Capitol: *And provide further*, That no tracks shall be laid on any portion of the road-way Tracks on Sixteenth street.of Sixteenth street as extended according to the highway extension plans.
Sec. 3. That the extensions of the lines of the Metropolitan Rail-road Completion of extension.Company herein provided for shall be completed and put in operation within one year from the date of the widening of said high-ways as herein provided, and said company shall deposit with the collector Deposit tor cost of inspection.of taxes of the District of Columbia such sums as are necessary to pay the cost of inspection of said work. Sec. 4. That of the amount found to be due and awarded as damagesAssessments for benefits against abutting property, etc. for and in respect of the land condemned for the extension of Columbia road and the present Sixteenth street, as herein provided, such proportional amounts thereof as the jury hereinafter provided shall determine shall be assessed by said jury as benefits, and to the extent of such benefits, against respectively the Metropolitan Street Railroad Company, and collected as special assessments are collected, and against those pieces or parcels of land on each side of said Columbia road and the present Sixteenth street northwest along those portions of said streets that are to be widened, and also on any or all pieces or parcels of land which will be benefited by the extension of said Columbia road and the present Sixteenth street northwest as said jury may find said pieces or parcels of land will be benefited: and in — considerations of value.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 extension of Columbia road as aforesaid: *Provided*, *Proviso.*That if the aggregate amount of the benefits to be assessed Rejection of award, etc.against those pieces or parcels of land on each side of said Columbia road and the present Sixteenth street northwest along those portions of said streets that are to be widened, and also on any or all pieces or parcels of land which will be benefited by the extension of said Columbia road and the present Sixteenth street northwest as said jury may find said pieces or parcels of land will be benefited, 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, within thirty days after the tiling of said award, reject the award and assessment of said jury, and all proceedings hereunder-shall be null and void.
Sec. 5. That the said court shall cause public notice of not less than Notice of filing of proceedings.ten days to be given of the filing 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 670award 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. 6. Condemnation proceedings.Jury. 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 filled; 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 interest Verdict,in the proceedings for the extension of said street.
When the 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. 7. Considerations of value where part of ground is taken. That if the use of a part only of any piece or parcel of 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. 8. Exceptions to a ward. That the court shall have power to hear and determine any 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 ease of the first jury: *Provided*, That if *Provisos.*Award vacated in part.Limit of time for filing exceptions.vacated in part, the residue of 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. 9. Payments: how made. That when the verdict of said jury shall have been finally 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 Commis671sioners of said District, out of the revenues of the District of Columbia; and a sufficient sum to pay the amounts of said judgments and Appropriation.awards is hereby appropriated out of the revenues of the District of Columbia.
Sec. 10. That when confirmed by the court the several assessments Assessments a lien on land. 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. 11. That each juror shall receive as compensation the sum of Compensation of jurors.five dollars per day for his services during the time he shall be actually engaged in such services under the provisions hereof. Sec. 12. 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. 13. 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 for benefits or damages herein provided for, nor any other proceedings at law or in equity by such party against the confirmation of such assessment or assessments, shall delay or prevent the payment of the award to others in respect to the property condemned nor the widening of such streets: *Provided, however*, That *Proviso.*Payment on final determination of appeal.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 widening of the streets under the provisions hereof shall be paid as hereinbefore provided.
Sec. 14. That Congress reserves the right to alter, amend, or repeal Amendment.this Act. Approved, June 6, 1900.