32 App. D.C. 81 | D.C. Cir. | 1908
delivered the opinion of the Court:
The appeal is based on the following assignments of error:
“The court erred in sustaining the demurrer of the appellees to return to the rule to show cause aforesaid.
“The court erred in dismissing the petition filed herein and the proceedings subsequent thereto.”
The issue before us narrows itself to the proper construction to be placed upon sec. 483 of the Code of the District of Columbia. This section is as follows:
“Sec. 483. Whenever land in the District is needed for the use of the United States, or by the commissioners of the District for sites of schoolhouses, fire or police stations, or for a right of way for sewers, or for any other municipal use authorized by Congress, and the same cannot be acquired by purchase from the owners thereof at a price satisfactory to the officers of. the government authorized to negotiate for the same, application may be made to the supreme court of the District by petition in the name of the United States or of said commissioners, as the case may be, for the condemnation of said land or said right of way and the ascertainment of its value.”
It is well established that statutes providing for the eondem
When the power to condemn and take property for a public use has been by general statute conferred upon municipal officers by the proper legislative authority, it rests with such officers to determine whether it shall be exercised, and when and to what extent it shall be exercised. This discretion lies entirely with the local authorities. It is for them to determine when a public improvement is necessary, and, so long as they do not exceed or abuse the power delegated to them, the courts are powerless to inquire into the motives which actuate them or the propriety of the contemplated improvement. Chapter 15 of the Code of the District provides a complete process by which the commissioners of the District, in certain instances, may acquire private lands for the public use. It is contended, however, by counsel for appellee, and so held by the court below, that this power can be exercised by the commissioners only when specially authorized by Congress. In other words, it is insisted that no discretion has been lodged in the commissioners by sec. 483, and that they can only act when directed by Congress in each particular ease. Appellants insist that, in the case of sites for schoolhouses, fire or police stations, or for a right of way for sewers, the commissioners have authority to proceed to condemn such lands as they may deem necessary, without further authority from Congress; and that, as to these particular uses, Congress has delegated full power to the commissioners.
This brings us to an interpretation of the provisions of sec. 483 of the Code. It provides that the commissioners may condemn lands for “sites of schoolhouses, fire or police stations, or for a right of way for sewers, or for any other municipal use
It will be observed that the provision of the statute relating to sewers is general. It makes no distinction between trunk And service sewers. It reposes in the commissioners full discretion, not only as to the necessity for sewer construction, but as to their location. It would seem that a general act of this kind was intended more especially to relate to trunk sewers, since it appears that service sewers, under the law in force in the District, are required to be constructed in streets and alleys, where no condemnation of land for the right of way is necessary.
This brings us to the second and minor contention of appellee that no appropriation had been made by Congress to pay for the lands here sought to be condemned.. It is unnecessary to
Tbe judgment will be reversed, with costs, and the cause remanded, with instructions to proceed in accordance with the views expressed herein. Reversed.