Page:United States Statutes at Large Volume 52.djvu/1240

 52 STAT.] 75TH CONG. , 3 D SESS.-CH. 702-JUNE 25, 1938 of the evidence taken and the arguments made at the hearing, together with the findings (which may include a statement of any physical facts not proven at the hearing but which may be ascertained by view) and the recommendations of such agent or agents. A copy of such e., opyofreportnd- report, findings, and recommendations shall be mailed to the protestant estant. ten days before being presented to the Commissioners, and the protes- tant may, before such report, findings, and recommendations are pre- sented to the Commissioners, file with such agent or agents exceptions to such report and findings, which exceptions shall be presented to the Commissioners with such report, findings, and recommendations. If Adjustment by the Commissioners find that the property of the owner so protesting is not benefited by the improvement for which said assessment is levied, or is benefited less than the amount of such assessment or is unequally or inequitably assessed with relation to other property abutting such improvement, said Commissioners shall abate, reduce, or adjust such assessment in accordance with such findings. In comput- ing the time hereinafter provided in which a special assessment may be paid without interest there shall be excluded therefrom the time between the date of the filing of any such protest and the date of mailing notice of the action thereon by the Commissioners. This Application of sec- section shall be effective only as to assessments levied for work com- n pleted subsequent to the passage and approval of this Act. SEC. 2. The Commissioners of the District of Columbia are author- Abatement, etc., of ized, but not directed, whenever in their judgment and discretion any property upon which a special assessment has been levied by the District of Columbia is not benefited by the improvement for which such special assessment was levied, or is benefited less than the amount of such assessment, or is unequally or inequitably assessed with relation to other property abutting such improvement, to abate, reduce, or adjust such assessment in accordance with such finding. This section shall not apply to any assessment levied by a jury in a det entin ceedo- condemnation proceeding, or to any assessment levied for work com- ags. etc pleted subsequent to the passage and approval of this Act, or to any assessment levied under the Act of Congress entitled "An Act to provide for special assessments for the paving of roadways and the laying of curbs and gutters", approved February 20, 1931: Provided, 46Stat 119 7 however, That nothing in this section shall be construed as affecting Protests led under protests filed under the provisions of said Act of February 20, 1931, Act not affected. within the time prescribed in said Act. SEC. 3. (a) When any special assessment for a public improve- ethod of serving ment, with the exception of assessments levied in condemnation pro- ceedings, is levied by the District of Columbia upon any lot or parcel of land, notice of the levying of such assessment shall be served upon the record owner thereof in tie manner herein provided and if there be more than one record owner of such lot or parcel of land notice served on one of the owners shall be sufficient. If the address of the owner be unknown or if the owner be a nonresident, such notice shall be served on his tenant or agent. The service of such notice shall be either personal or by leaving the same with some person of suitable age at the residence or place of business of such owner, agent, or tenant. If there be no tenant or agent known to the Commissioners, PublicationInnews. then they shall give notice of such assessment by advertisement once a week for two successive weeks in some daily newspaper of general circulation published in the District of Columbia. The cost of such publication shall be paid out of the general revenues of the District. The notice herein provided for shall be in lieu of any and all other notice now required by law. This subsection shall apply to all assessments (other than assess- Application of snb- ments in condemnation proceedings) notice of which has not been sction. served prior to the approval of this Act. 1199

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