Chapter 1435. For the extension of T street, and for other purposes
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CHAP. 1435.— An Act For the extension of T street, and for other purposes. March 3, 1905. [[H. R. 14423](/us/bill/58/hr/14423).] [[Public, No. 168](/us/pl/58/168).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That within thirty days afterDistrict of Columbia.Extension of T street. 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, by petition, particularly describing the lands to be taken, a proceedingProceedings to condemn land for. in rem to condemn the land that may be necessary for the extension of T street eastward from Lincoln avenue northeast to Second street northeast, with a width of ninety feet. 1002 Sec. 2.
Assessment of damages and benefits. That of the amount found to be due and awarded as damages for and in inspect of the land condemned for the extension of T street as herein provided, such amount thereof shall be assessed by the jury hereinafter provided for as benefits, and to the extent of such benefits, against those pieces or parcels of land on each side of said street as extended, 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 extension of said *Proviso*.Rejection of award, etc.street 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 proceedings.Advertisement. That the said court shall cause public notice of not less than 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 award of damages and assessment of benefits of the jury; and in addition to Personal notice.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. Marshal’s 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 Duties.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 hereinbeforeHearing of objections. 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 pry able 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. Determining value of parts of lots. 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 1003from the extension of said street or highway, hut 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 haw power to bear and determine anyReview of verdict. 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,New jury. who shall proceed to assess the damages or benefits, as the ease 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*Provisos*.Action if vacated in part.Filing exceptions. 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. 7. That when the verdict of said jury shall have been finallyPayment 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 a sufficient sum to pay the amounts of said judgments and awardsAppropriation from District revenues. is hereby appropriated out of the revenues of the District of Columbia.
Sec. 8. That when confirmed by the court the several assessmentsCollection of assessments. herein provided to be made shall severally be a lien upon the laud assessed, and shall be collected as special improvement taxes in the District of Columbia, and shall be payable in five equal annual installments, with interest at the rate of four per centum per annum from and after sixty days after the confirmation of the verdict and award. In all cases of payments the accounting officers shall take into accountDamages award deducted from benefits. the assessment for benefits and the award for damages, and shall pay only such part of said award in respect of any lot as may be in excess of the assessment for benefits against the part of such lot not taken, and, there shall be credited on said assessment the amount of said award not in excess of said assessment.
That said court may allow amendments in form or substance in anyProceedings. 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. Sec. 9. That each juror shall receive as compensation the sum of fiveCompensation of jurors. dollars per day for his services during the time he shall Ire actually engaged in such services under the provisions hereof.
Sec. 10. That the sum of three hundred dollars is hereby appropriated,Appropriation for 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 decisionAppeals not to delay opening of street, 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 condemned, nor the opening of such street: *Provided, however,* That*Proviso*.Payment of final decision. upon the final determination of said appeal or other proceeding at law or in equity the amount found to be clue and payable as damages sustained by reason of the extension of said street under the provisions hereof shall be paid as hereinbefore provided.
Approved, March 3, 1905.