Page:United States Statutes at Large Volume 32 Part 1.djvu/979

 914 FIFTY-SEVENTH CONGRESS. Sess. I1. Ch. 856. 1903. of the said Commissioner, and also to make such changes in the lines and grades of any existing street, avenue, or way and in_the recorded plans of street extensions as may be reasonably required, deemed necessary, or advisable in the construction of the works hereby authorized. And authority is hereby given said Commissioners to alqquiredby purchase, or to condem;1 in accogdance w exisgirig lalw, t e an necessary to carry out the procee ings au orize y t is ` Act, and to reconstruct, (grade, and pave, by day labor or otherwise, the streets, avenues, an ways changed in line or grade or newly created hereunder. d0S:\u<;»,:;¤d· °* ¤b¤¤· And authority is hereby given the District Commissioners to sell or ' equitably elxcléainge any pofrtion of existing public Epszple apandoned lay reason o the justment o streets as an approac ep aza or circ e nemo. at Massachusetts avenue: Provided, That the provisions of section %“,,°ff“§'§°P,‘§‘}°$,l55, three of the Act of February twelfth, nineteen hundred and one, in ¤¤¢¤¢¢d- i relation to new terminals for the Baltimore and Ohio Railroad Company which vacate, abandon, and close D and E streets between First street and North Capitol street and Delaware avenue between C street and the south line of Massachusetts avenue be, and the same are hereby, repealed, and said streets are restoredto the same status and ownership in all respects asthey were prior to the passage of said Act. DAMAGES. P¤ <=¤¢ of d·¤¤- All damages to adacent ro rt owners resultin from incidental °g°°€;m° Dum"' to, or connected with chanp espiin the grades of thegstreets or alle s authorized by this Act shall be borne, paid for, and defrayed by the District of Columbia, and shall be recoverable by action of law against the said District on the part of the owners of the roperty so dammggigg<;§1*:,;¢¤ *0 *°· aged. Fif% per centum of the amounts so recovered) shall be refunded name.to the said istrict by the United States: Provided, That in determin- B°“"m" ing the damages as herein provided the jury shall take into considera~ tion any benefits that may have accrued by reason of the elimination of grade ciiqssings 0; of tpe locgtion of] said station in proximity to the property a ege to ave een amage ., tmxariou. B¤¤*¤ °* °¤¤¤°¤· Sec. 6. That the property owned or occupied by the terminal company, or by the P iladelp ia, Baltimore and Washington Railroad Company, or by the Baltimore and Ohio Railroad Company under authority of this Act, or otherwise, together with the im rovements that may be put thereon, shall be subject to taxation in die District of Columbia in the same manner and to the same extent as other property in the District, and all tracks and sidings shall be taxed as real §;?{’{f;*,mdm cm estate: Provided, That no assessment, valuation, or tax shall be made, exempt' laid, or levied on the stations, terminals, and lines of railroad located, constructed, or maintained under the authority of this Act in excess of that which would or could be lawfully made, laid, or levied if said stations, terminals, and lines of railroad were located, constructed, and maintained without the use of bridges, tunnels, viaducts, retaining walls, or other structures necessary or properly employed to elevate or to depress the same as required by this Act; it being the true intent and meaning hereof that the lines of railroad and terminals herebv authorizedhshall be assessed phd valued for the purpose of taxation and taxed on the same basis as i the same were not constructed and maintained by means of such bridges, tunnels, viaducts, retaining walls, ,,,§§§§’,§"j,;$,*,,§;§,§fg?‘ and other structures: Prov2`ded, That such portions of the terminal structure or viaduct as may be constructed and used for storage or like copimercial purpose; slgll be suqjeptlto taxation in the same manneras ot er property in the istrict o o umbia.