White House Press Release, Message of President Harry S. Truman to the United States House of Representatives
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1546
HOLD FOR RELEASE
HOLD FOR RELEASE
HOLD FOR RELEASE
MARCH 22, 1948
CONFIDENTIAL: To be held in STRICT CONFIDENCE and no portion, synopsis
or intimation to be given out or published until the READING of the
President's Message has begun in the House of Representatives. Extreme
care must therefore be exercised to avoid premature publication.
CHARLES G. ROSS
Secretary to the President
TO THE HOUSE OF REPRESENTATIVES:
I return herewith, without my approval, H. R. 1152, a bill
"For the relief of Mrs. Inga Patterson, widow of F. X. Patterson"
It is the purpose of the bill to pay the sum of $1,375 to Mrs.
Inga Patterson, widow of F. X. Patterson, of Washington, District of
Columbia, in settlement of all claims against the United States for expenses
incurred as a result of condemnation proceedings involving property of said
F. X. Patterson, located at Anacostia Road, Southeast, Washington, District
of Columbia.
It appears that the District Government, in 1944, initiated con-
demnation proceedings to acquire certain property then owned by the deceased,
as a site for a junior high school in the vicinity of Thirty-fourth Street
and Minnesota Avenue Southeast; that the case was tried on October 23,
1944 and the jury returned a verdict on November 21, 1944; that the award
of the court appeared to the District Government to be excessive; and that,
upon the recommendation of the District of Columbia Real Estate Committee,
the case was dismissed. The law then in effect with respect to such con-
demnation proceedings provided that the Commissioner's would have the option
of abiding by the verdict of the jury and occurying the land appraised by
them, or, within a reasonable time to be fixed by the court, of abandoning
the same without being liable to damage therefor.
The proceedings were abandoned in this case, and in a letter
NARA
dated November 28, 1944, to the District Commissioners, Mr. Patterson
advised that he and his wife had decided that they preferred to have. the
condemnation proceedings dismissed.
The Congress enacted, and the President approved, on July 11,
1947, a measure (Public 177 of the 80th Congress) which amended the law
controlling condemnation proceedings in the District of Columbia, by pro-
viding that if a condemnation proceeding is abandoned the court shall award
the owner of the property such amount as will in the opinion of the court
reimburse the owner for all his reasonable costs and expenses, including
reasonable counsel fees incurred in such proceeding, and that the sum so
awarded shall constitute a judgment or judgments against the District of
Columbia. This measure provides, however, that no such owner shall be
entitled to reimbursement in any case where the proceeding is abandoned
at the request or with the consent of the owner of such property.
Since the condemnation proceeding in this case was for the
purpose of acquiring a site for a school building for expansion of the
public school system of the District of Columbia, there would appear to
be no justification for reimbursing the owner of the property out of funds
of the Federal Treasury. If such reimbursement is to be made it should be
made out of the funds of the District of Columbia Government. The purchase
of such sites has been uniformly a charge against District revenues in the
past, and the Act of July 11, 1947, specifically provides, as stated above,
that reimbursements of this character shall be a charge against the District
revenues.
(OVER)
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