Chapter 1469. For the extension of Rittenhouse street, and for other purposes
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CHAP. 1469.— An Act For the extension of Rittenhouse street, and for other purposes. March 3, 1905. [[H. R. 18881](/us/bill/58/hr/1888).] [[Public, No. 202](/us/pl/58/202).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, District of Columbia.Extension of Rittenhouse streets.Proceedings to condemn land for. That within twenty days after the dedication to the District of Columbia of at least two-thirds of the land necessary for the extension of Rittenhouse street as hereinafter described 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 preceding in rem to condemn the land that may be necessary for the extension of Rittenhouse Street, with a width of ninety feet, from Broad Branch road westward to the District line, said street being shown on the permanent system of highway plans about, seven hundred feet north of a line passing east and west through the center of Chevy Chase circle.
Sec. 2. Assessments of damages and benefits. That the entire amount found to be due and awarded as damages for and in respect of the land condemned for the extension of Rittenhouse street as herein provided 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 also on any or all pieces or parcels of land which will be benefited by the extension of said street 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 lands 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 street as aforesaid, and the verdict of said jury shall also be for a sufficient sum to cover all the costs of the condemnation proceedings *Proviso.*Exemption.herein provided for: *Provided,* That the remaining portion of any pared of land of any party dedicating shall be exempt from any assessment in respect to the cost of condemning any portion of said street that nun not be dedicated or from any assessment for benefits of the extension of Rittenhouse street.
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 eon firming the Personal service.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. 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 Duties.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 favorer 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.Hearing of objections.
The court, before accepting the jury, shall hear any objections that may be made to any member thereof, and shall have full power to 1039decide 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 interest in the proceedings for the extension of said street.
When the hearing is concluded theVerdict. 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, including its proportionate share of the cost of the condemnation proceedings herein provided for.
Sec. 5. That if the use of a part only of any piece or parcel of groundDetermining value of parts of lots. 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 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 mi reasonable, 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, us in the case of the first jury: *Provided, *That if vacated in part, the residue of*Provisos*.Action if vacated in part.Filing 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 finallyPayment of award. 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 andAppropriation from District revenues. awards 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 lieu upon the land assessed, and shall be collected as special improvement taxes in the District of Columbia, and shall be payable in two equal annual installments, with interest at the rate of ten 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 accountDamage awards 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.
Sec. 9. That said court may allow amendments in form or substanceProceedings. 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. 1040 Sec. 10. Pay of jurors. That each juror shall receive as compensation the sum of five dollars per day for his services during the time he shall be actually engaged in such services under the provisions hereof.
Sec. 11. Appropriation for expenses. That the sum of three hundred dollars is hereby appropriated, 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, to be repaid to the District of Columbia from said assessments for benefits when the same are collected as herein provided. Sec. 12. Appeals not to delay opening street, etc. That no appeal by any interested party from the decision of the supreme court of the District of Columbia continuing 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 *Proviso*.Payment of final decision.condemned, nor the opening of such street: *Provided, however,* That upon the dual 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.
Approved, March 3, 1905.