Chapter 418. To provide for the condemnation of land for the opening, extension, widening, or straightening of streets, avenues, roads, or highways in accordance with the plan of the permanent system of highways for the District of Columbia, and for other purposes
490 words·~2 min read·
/statutes-at-large/vol-44/chapter-418-20020463·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 418.— An Act To provide for the condemnation of land for the opening, extension, widening, or straightening of streets, avenues, roads, or highways in accordance with the plan of the permanent system of highways for the District of Columbia, and for other purposes.May 28, 1926.[[S. 2537](/us/bill/59/s/2537).][[Public, No. 311](/us/pl/59/311).] *Be it enacted by the Senate and 11ouse of Representatives of the United States of America in Congress assembled*,District of Columbia.Opening, etc., designated streets and others under highway system.Vol. 34, p. 151.
That in all condemnation proceedings instituted by the Commissioners of the District of Columbia in accordance with the provisions of subchapter 1 of Chapter XV of the Code of Law for the District of Columbia for the acquisition of land for the opening, extension, widening, or straightening of Piney Branch Road between Thirteenth and Butternut Streets; Thirteenth Street, extended, except through the Walter Reed Hospital Reservation; Concord Avenue; Nicholson Street, or any street, avenue, road, or highway, or a part of any street, avenue, road, or highway in accordance with the plan of the permanent system of highways for the District of Columbia, all or any part of the entire amount found to be due and awarded by theAward of damages may be assessed as benefits. jury in said proceedings as damages for, and in respect of, the land condemned for such streets, avenues, roads, or highways, or parts of streets, roads, avenues, or highways, plus all or any part of the costs and expenses of said proceedings, may be assessed by the jury as*Proviso*.Discretionary action of Commissioners if damages in excess of benefits. benefits: *Provided, however*, That if the total amount of damages awarded by the jury in any such proceedings, plus the costs and676 expenses of said proceeding, be in excess of the total amount of benefits, it shall be optional with the Commissioners of the District of Columbia to abide by the verdict of the jury or, at any time before the final ratification and confirmation of the verdict, to enter a voluntary dismissal of the cause.
Sec. 2. Amount authorized for expenses and award. That there is hereby authorized to be appropriated out of the revenues of the District of Columbia such sums as may be necessary from time to time to pay the costs and expenses of the condemnation proceedings instituted under the authority of this Act and for the payment of the amounts awarded as damages, the amounts collected as benefits to be covered into the Treasury of the United States to the credit of the revenues of the District of Columbia: *Provided, however*, That if the total amount of damages *Proviso*.Payment if award for damages exceeds assessment for benefits.*Post*, p. 846.awarded by the jury in any such proceeding, plus the costs and expenses of said proceedings, be in excess of the total amount of assessments for benefits, such excess shall be paid out of the appropriation herein authorized.
Approved, May 28, 1926.