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J <br />- <br />LEONA WHITE <br />404 NATIONAL BANK. BUILDING .SHORTHAND' REPORTER <br />_ OR 403 EAST BOWMAN STREET <br />-.. SOUTH BEND, INDIANA - - - <br />PHONES 4-3141,.3-4407 - <br />- <br />some sort of an agreement with the land anal owners. <br />SIR, LEVY <br />I am trying to ask questions that will clarify this. <br />In both of my hypothetical cases, let us assume that the Land <br />owner.: on one side of the road is the same man who o-Txns the <br />factory, and it waSL a strip at the edge of his land that was <br />taken for a roadway. The one built by the city is put through. <br />The other, built for private individuals, is publicly used, <br />and so far as 1-am concerned, there can be almost any terms <br />in the agreement, but not any agreement of any kind with the <br />abutting land owners;, as to the assessments for benefits and <br />damages in connection with the abutting land owners who did <br />not own.the lard upon which the pavement lay, and who were not <br />parties to any agreement, would the pavement be considered <br />or ignored? <br />%T2. 11LILLER ; <br />I rather expect that the damages to -the land owners <br />. <br />who had this paved right-of-way-- I fancy that the damages to Us <br />land would have to be increased by whatever value this pavement <br />had., because you were taking away a particular strip of land <br />that had a decided value, and I suspect the other ?pan would have <br />to stand his share of the damages, because you were taking away <br />a particular thing, and it could not be removed, <br />MR. LEVY: The thing would be used, <br />MR. MILLER: I suspect it would have to be charged up as agains <br />this radii, <br />1IR. LEVY: 'What .would happen: to the abutting land owners who <br />s <br />_ <br />24 <br />` <br />I <br />