PURCHASE OF TOLL ROADS.
Mr. HILLIGASS called up his bill [S. 48-see page 167 of the Brevier Reports] providing for the appraisement, purchase an'l convertment of toll roads into free roads, which failed to pass last Monday. He explained it provides for a majority petition by owners of land lying along the roads. The Committee can order an appraisement on the actual cost value and make assessment on lands benefited lying within one and one-half miles of the road. The provisions are the same as under the free gravel road law. It only encumbers the land owners along the line represented by a majority of petitions. The limit is ten years for the tax to be paid.
Mr. VAN VORHIS feared it would permit the sale of some roads at eight or ten times actual value, and enable parties who have bought up stock at a nominal price to recover from parties along the line full value, and make them pay the second time for the same road.
Mr. HILLIGASS considered a sufficient answer to be this: that the question of purchase is left with a majority of land owners along the line.
Mr. GRAHAM also feared the burden of paying for a road the second time by owners along the line of the road. The provisions of the bill will allow the taking away from owner thereof his stock in such roads without a fair compensation. That arbitrary right is not permitted by the Constitution. In his County there are a number of toll roads and the people want them continued. Our experience with free gravel roads has not been so satisfactory. The provisions of this bill would be liable to very great abuse-it will allow the appraisement of an old gravel road and compel its sale to the persons who built it.
Mr. VAN VORHIS regarded this as a vicious bill. He suggested a difficulty where the road is mortgaged-it would not be bought.
Mr. HILLIGAS thought the illustration an extreme one-there are probably not, a half dozen in the State mortgaged-but there is a provision in the bill that will overcome the difficulty suggested.
Mr. McCULLOUGH suggested a difficulty where owners of land along the line may be heavy stockholders.
Mr. HILLIGASS: The roads are not to be appraised beyond a fair cash value. There are provisions to protect every man who considers himself aggrieved.
Mr. LOCKRIDGE saw in the bill no provision for appeal on one side-the rule ought to work both ways. He was not opposed to the general provisions of the bill but desired to see this objection remedied before voting for it.
Mr. SAYRE also opposed the bill because the public interest is not sufficiently guarded. Money can be drawn for the purchase from the County Treasury without reference to the justice of the appraisement. While a taxpayer might enjoin, here are the mandatory provisions in the bill that its appraisement at a fair cash value shall be paid.
The bill passed the Senate by yeas, 30; nays, 16.
