Real Estate Record
AND BUILDERS^ GUIDE.
Vol. XXV.
NEW YOEK, SATUEDAY, JUNE 5, 1880.
No. 638
Published Weekly by
TERMS.
ONE YEIAK. in advance....810.00.
Communications should be addressed to
C. W. SIVjBET,
No. 137 Broadway
ASSESSMENTS FOR LOCAL IMPROVE¬
MENTS.
The important bill passed by the two houses of
the legislature, relating to assessments for local
improvements in this city, is now before the Gov¬
ernor and will, no doubt, be signed by hi*n. It has
already been briefly stated that this new law
creates a commission, consisting of the Mayor,
Comptroller, Commissioner of Public Works and
three citizens, who will have power to revise, re¬
duce or vacate assessments and from whose decis¬
ion there is no appeal. In order, however, to ac¬
quaint our readers with some of the leading pro¬
visions of this important measure, Mr. John C.
Shaw, who has been actively engaged in bringing
order out of chaos, so far as this assessment ques¬
tion is concerned, and who,fhaving;^been consult¬
ed in the framing of this legislative document, is
competent authority in regard to the meaning of
its various sections, has been asked to define the
general purport of this measure, so important to
all property owners. The bill, he says, does not
prevent the vacating of assessments by the courts,
if the petition to that effect be flled within three
months after the passage of this act. Property
owners have their] choice, either with the new
commissioners or the courts, that is to say, so far
as all confirmed assessments are concerned.
As to assessments not confirmed, but where the
work has be*a completed, owners have also their
, choice, but it must be exercised within two
months after confirmation. All assessments for
work completed must be confirmed within six
months. This bill does not apply to street open¬
ing cases, only to assessments confirmed by the
Board of Assessors. The bill also provides for the
repayment of assessments paid prior to the pas¬
sage of the act, where the commission shall give
relief to othvsr parties who have not paid their
assessments for the same improvement, provided,
however, that one-half of the entire amount
assessed, exclusive of the portion assessed tu the
city, remained unpaid and an apparent lien on
May 1, 1880.
We print in advance of the daily papers a com¬
plete copy of the bill, so that our readers may
judge for themselves as to the importance of its
various provisions.
this law, placing the amendments in brackets, so
tbat those interested can at once notice the
IMPORTANT CHANGES IN THE RAPID
TRANSIT LAW.
There have been made some important changes
inthe General Rapid Transit Law of 1875, and
the amendments thus made, though of great in¬
terest to property owners in Brooklyn, as well as
in New If ork, have passed both Houses and been
signed by the Governor without the public at large
being made aware of the fact through the columns
of the daily press. We berijby print section 4 of
Section 4, Chap. 606, Laws of 1875:
Said Commissioners shall, within thirty days
after such organization determine upon the neces¬
sity of such steam railway or railways, and if
they find such railway or railways to be neces¬
sary in such county, they shall within sixty days
after such organization, fix and determine the
route or routes for such steam railway or rail¬
ways, and the said Commissioners shall have the
exclusive power to locate the route or routes of
such railway or railways, over, under, through
or across the streets, avenues, places or lands iu
such county, except Broadway and Pifth avenue
below Fifty-ninth street, and Fourth avenue
above Forty-second street, in the city of New
York; aud [except over, under, through or
across those portions of Grand, Clason and
Pranklin avenues, in the city of Brooklyn, lying
between the southerly line of Lexington ave¬
nue and the northerly line of Atlantic avenue,
and over, under, through or across that portion
of Clason avenue, in said city, lying between the
northerly line of Lexington avenue and the south-
rly line of Park avenue], and except such portions
of streets and avenues as are legally (authorized)
for the main line of, or occupied by, an elevated
or under-ground railway, in actual operation, and
except such as are contained in public parks
or occupied by buildings belonging to such
county, or to this State, or to the United States,
and except that portion of the city of Buffalo
lying between Michigan and Main streets, and to
provide for the connection or junction with any
other railway or bridge, provided that the con¬
sent of the owners of one-half in value of the
property bounded on, and the consent also of the
local authorities having the control of, that por¬
tion of a street or highway upon which it is pro¬
posed to construct or operate such railway or
railways, be first obtained, or, in case the consent
of such property-ovraiers cannot be obtained, that
the determination of three commissioners ap¬
pointed by the General Term of the Supreme
Court in the District of the proposed construction,
given after a due hearing of all parties interested
and confirmed by the Court, that such railway or
railways ought to be constructed or operated, be
taken in lieu of the consent of such property-
owners.
Owners of property along Greene, Clason and
Pranklin avenues, Brooklyn, have, by this amend¬
ment to the general law, secured for themselves
protection against the construction of any ele¬
vated road along these streets. Had these ex¬
ceptions been framed in a special law, this force
would not have been so binding as now that they
have been enacted into a clause in the general
rapid transit law covering the entire state.
The next amendment, though apparently insig¬
nificant, and being only the substitution of the
word "authorized" for "designated," may
prove of far greater importance to the people of
New York city than such a trifling amendment
would seem td warrant. And yet those who
understand the secret springs that move Albany
legislation see in that simple word the revival of
the underground railway enterprise, for which a
charter was obtained twelve years ago. It now
reads "except such portions of street and avenues
as are legally authorized for the main line of, or
occupied by an elevated or under ground rail¬
way, etc.," wbich, regarded from a legal stand
point, means a good deal more than if said streets
had been "designated." In fact, since the passage
of the amendment the map of the nroposed under¬
ground railway has been filed in tbe Register's
oflSce, and what was supposed to be a defunct
corporation suddenly rises into prominence by
the announcement that enough foreign capital
has been obtained to build the road from the
Battery to the Harlem River. But what is of far
greater importance thereto is that the last legis¬
lature has passed an act to the effect that in the
case of any sale of railroads or railroad franchises,
under order of court, the railroad company
should be legally held to possess, and to ha,ve
done, everything thafc was alleged in the court's
decree, setting forth fully all the franchises,
rights and properfcy, and declaring that the same
exist in full force and value. So much is sure
that its projectors boldly announce that the legis¬
lative re-affirmation of franchises previously ob¬
tained, and necessary in order to obtain this for¬
eign capital, has been procured, and hence the
change in the sentence of the secfcion above
quoted was no doubt a part of the legislative
programme, supplying the required re-aflfirma-
tion.
The revival of this enterprise has been the sub¬
ject of conversation among many owners of prop¬
erfcy, and though, perhaps, some of the ideas set
forth by its projectors may as yet be considered
too far in advance of the time, there can be
no quesfcion that Con.modore Vanderbilt made
one of the greatest mistakes in his life when he
refused to build the under-ground road from hia
depot to the City Hall, for which he at one time
possessed a charter. We cannot in the main
agree with persons who, at the very outset,
have been hostile to an enterprise that will prove
of advantage to New York. We do not over¬
look the fact that rapid transit in and around our
city is affcer all only in ifcs infancy, and that with
this re-afflrmation of the legal rights of the under¬
ground enterprise, new experiments will shortly
have to be made that may strongly interfere
with the monopoly now enjoyed by the elevated
roads.
THE NEW ASSESSMENT BILL.
The following is an authentic copy of the act
creating the new Board for the Revision and Cor¬
rection of Assessment in the city of New York:
An Act relating to certain assessments for local
improvements in the city of New York :
The people, &c., &c.
Section 1. Any assessment for any local im¬
provement in the city of New York heretofore con¬
firmed by the Board for the revision and correction
of-assessments in said city, and also any assess¬
ment for any local improvement heretofore com¬
pleted which may be hereafter confirmed by said
board, and any assessment for the local improve¬
ments known as Morningside avenue when con¬
firmed by said board, may be vacated, modified
set aside, revised or confirmed in conformity, with
the provisions hereafter contained and not other¬
wise.
All officers charged with any duty connected with
the imposition or confirmation of any assessments
for local improvements in the city of New York are
hereby directed so to pertorm such duty thai
assessments for.all local improvements heretofore
completed shall be finally passed upon by the board
for the revision and correction of assessments
pursuant to the provisions of law relating to
assessments iu said city wjthin six months after the
passage of this act. Any assessment for the local
improvements known as Morningside avenue