ACQUISITION OF LAND IN THE DISTRICT OF COLUMBIA FOR PUBLIC PROJECTS JANUARY 3 (calendar day, JANUARY 7), 1935.-Ordered to be printed Mr. AUSTIN, from the Committee on the District of Columbia, submitted the following REPORT [To accompany S. 404] The Committee on the District of Columbia, to whom was referred the bill (S. 404) to provide for the acquisition of land in the District of Columbia in excess of that required for public projects and improvements, and for other purposes, having considered the same, report favorably thereon and recommend that the bill do pass. The object of the proposed legislation is to authorize the Commissioners of the District of Columbia or authorized agencies of the United States to acquire in the public interest by gift, dedication, exchange, purchase, or condemnation, fee simple title to land in excess of that actually needed for public uses and improvements. It authorizes these agencies, upon completion of public improvements, to subdivide such excess land and place upon it such reservations concerning its future use and occupation as may be necessary to protect such public improvements, and to sell or exchange this excess land, or retain the same for the United States or the District of Columbia for park, playground, or other purposes which may be advantageous or in the public interest. The bill further provides that whenever excess land is purchased or condemned in connection with a particular project, any and all appropriations available for that project shall also be available for use in respect to the acquisition of excess land and that whenever excess land is to be acquired by condemnation, proceedings shall be instituted in accordance with existing law or laws. The general provisions of the bill meet the approval of the Commissioners of the District of Columbia, the National Capital Park and Planning Commission, the Commission of Fine Arts, and the chamber of commerce. The principle of excess or incidental condemnation has been employed with advantage and benefit in other municipalities of the United States in connection with the widening of streets, the acquisition of parks, playgrounds, and school sites by permitting the municipal authorities to acquire in the public interest and for public. purposes remnant parcels of real estate which otherwise would prove detrimental to the particular improvement or project and, in many instances, would result in a wide distribution of unsightly eyesores. At the request of the Chairman of the Senate Committee on the District of Columbia, Dr. Llewellyn Jordan, member of the law committee of the board of trade, communicated with hundreds of American cities and many State governments and secured from them their excess condemnation laws and their experience with them. This voluminous material has been carefully digested and the most satisfactory features of these various laws have been incorporated in this bill. The use of excess condemnation may often make possible and profitable the opening of streets through congested territory, the widening of old streets, and sometimes the destruction of insanitary buildings by opening small parks and playgrounds, and the improvement of such land next to said parks with modern and sanitary dwellings. The provisions of the bill can also be employed to advantage with resulting benefit to the Nation's Capital in connection with the acquisition, replatting, and subdivision of lands acquired in connection with slum-clearance projects. There are almost no possibilities for evil in the legitimate use of the power of excess condemnation, but on the other hand enormous possibilities for good. The use of excess condemnation has frequently proven a blessing to the public and a benefit to the property owners as well. Excerpts of letters from the Commissioners of the District of Columbia and the National Capital Park and Planning Commission are hereto attached and made a part of this report. COMMISSIONERS OF THE DISTRICT OF COLUMBIA, Hon. WILLIAM H. KING, MY DEAR SENATOR KING: The Commissioners of the District of Columbia submit the following proposed bill, "To provide for the acquisition of land in the District of Columbia in excess of that required for public projects and improvements, and for other purposes", which you referred to them for their consideration and report. The object of the proposed legislation is to authorize the Commissioners of the District of Columbia or agencies of the United States to acquire in the public interests by gift, dedication, exchange, purchase, or condemnation, fee simple title to land in excess of that actually needed for public improvements. It authorizes those authorities, upon completion of public improvements, to subdivide and sell, or exchange, such excess land, or to retain the same for the United States or the District of Columbia for park, playground, or other purposes which may be advantageous or in the public interest. The bill further provides that whenever excess land is purchased or condemned in connection with a particular project, any and all appropriations available for that project shall also be available for use in respect to the acquisition of excess land and that whenever excess land is to be acquired by condemnation, proceedings shall be instituted in accordance with existing law or laws. Section 6 of the bill repeals a provision of existing law for the condemnation of streets. Under the present law it is incumbent upon the jury in levying assessments for benefits to take into consideration land previously dedicated for street purposes. This has resulted in numerous inequities, and has made it difficult for the juries to determine what lots in a subdivision should receive credit for these dedications. Under existing law for the condemnation of streets the District is limited to the acquisition of streets in accordance with the width shown on the highway plan. This very often results in small irregular pieces of abutting or contiguous land being left in private ownership, with very little, if any, usefulness. The proposed legislation will enable the District to acquire this abutting or contiguous land so that a resubdivision could be made and an orderly development assured. This procedure could also be applied in the purchase or condemnation of land for other municipal purposes. The Commissioners desire to call your attention to the L'Enfant plan of the original city of Washington. The reason that this Federal City plan was so well designed, without the existence of irregular shaped parcels and ragged pieces of land, was due to the fact that the original proprietors transferred all of their holdings to a commission and this commission divided the land in accordance with the L'Enfant plan. The lots were then transferred, after subdivision, to the original proprietors. This entirely eliminated original property lines and irregular-shaped holdings. This procedure is very similar in its operation to that which is now contemplated by the proposed legislation. The Commissioners of the District of Columbia are of the opinion that the proposed legislation would be advantageous to the District of Columbia and they recommend, insofar as the District of Columbia is concerned, that the bill be favorably reported and enacted. Very sincerely yours, MELVIN C. HAZEN, President Board of Commissioners of the District of Columbia. NATIONAL CAPITAL PARK AND PLANNING COMMISSION, Hon. WILLIAM H. KING, United States Senate, Washington, D. C. MY DEAR SENATOR KING: Your letter of February 28, asking for report on a bill to provide for the acquisition of land in the District of Columbia in excess of that required for public improvements, and for other purposes, was presented to the National Capital Park and Planning Commission at its meeting March 24. The Commission instructed me to inform you that the Commission is in full sympathy with this bill and gives this bill its endorsement. Excess condemnation, as provided in the bill, would in many cases be to the best interest both of the agencies acquiring the land and the owners of the land. Respectfully yours, FREDERIC A. DELANO, Chairman. COMMISSIONERS OF THE DISTRICT OF COLUMBIA, Hon. WILLIAM H. KING, United States Senate, Washington, D. C. SIR: With reference to your suggestion that a bill relating to excess condemnation in the District of Columbia similar to S. 3569 in the Seventy-third Congress, second session, we beg to report that after an exhaustive study made by Dr. Llewellyn Jordan, at your request, this bill was reported by your committee with amendments (Rept. No. 1013, May 10, 1934). The report of the Commissioners embodying their favorable recommendation, and also the approval of the National Capital Park and Planning Commission, are given in that report. We see no reason at this time for changing that recommendation. Very respectfully, M. C. HAZEN, President Board of Commissioners, District of Columbia. S. Repts., 74-1, vol. 1- -3 FINANCIAL RESPONSIBILITY OF MOTOR-VEHICLE OPERATORS IN THE DISTRICT OF COLUMBIA JANUARY 3 (calendar day, JANUARY 7), 1935.-Ordered to be printed Mr. MCCARRAN, from the Committee on the District of Columbia, submitted the following REPORT [To accompany S. 408] The Committee on the District of Columbia, to whom was referred the bill (S. 408) to promote safety on the public highways of the District of Columbia by providing for the financial responsibility of owners and operators of motor vehicles for damages caused by motor vehicles on the public highways in the District of Columbia, to prescribe penalties for the violation of the provisions of this act, and for other purposes, report favorably thereon to the Senate and recommend that the bill do pass. The purpose of this bill is to provide for the suspension of the motorvehicle operator's permit and registration certificate of one convicted of operating an automobile under the influence of intoxicating liquor or narcotic drugs, or leaving the scene of an automobile accident in which personal injury occurs without making his identity known, or has a judgment procured against him which remains unsatisfied for a period of 30 days; such operator's permit and registration certificate not to be restored until such person produces evidence of his ability to respond in damages for future accidents. Section 2 provides that one who had been convicted of, or shall have forfeited any bond or collateral given upon, a charge of (1) driving while under the influence of intoxicating liquor or narcotic drugs; (2) leaving the scene of an automobile accident in which personal injury occurs without making his identity known; or (3) being convicted of an offense in any other State, which if committed in the District of Columbia would be a violation of the aforesaid provisions of the Traffic Acts of the District of Columbia, shall have his motorvehicle operator's permit and his registration certificate suspended until he shall give proof of financial responsibility to respond in damages for future accidents. 1-8-35 |