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RIGHT OF WAY FOR SEWER PIPE LINE AT FORT BRAGG MILITARY RESERVATION, N. C.

FEBRUARY 20, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. WAINWRIGHT, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany H. R. 10884]

The Committee on Military Affairs to whom was referred the bill (H. R. 10884) to authorize the acquisition of a right of way for sewer line in connection with the Fort Bragg Military Reservation, N. C., introduced by Mr. James at the request of the War Department, having considered the same report thereon with the recommendation that it do pass.

During the period of 1917 and 1918 the land was acquired for Camp Bragg and things were very hurriedly done and construction pushed through as rapidly as possible. The main trunk line sewer for the camp was located for about 1,700 feet on land which the Government did not hold title to, nor have since acquired title to. There was a purchase agreement at the time but owing to objections brought out by the Government the arrangements were not carried through. The purpose of this legislation is to purchase a right of way for the sewer pipe line in order to avoid future claims for use and occupancy. The owners have asked a price which is considered excessive and this easement will have to be acquired through condemnation. Hearings have been held on this bill.

The letter of the War Department requesting the enactment of this measure is as follows:

MARCH 15, 1930.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

DEAR MR. SPEAKER: There is inclosed the draft of a bill to authorize the acquisition of a right of way for sewer pipe line in connection with the Fort Bragg Military Reservation, N. C., which the War Department presents for the consideration of the Congress with a view to its enactment into law.

There are no pertinent provisions of existing law affecting the purchase of the right of way requested.

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Fort Bragg was established as an artillery range during the period of the World War and consists of approximately 120,477 acres. It is situated in Hoke and Cumberland Counties, N. C., and approximately 600 parcels were acquired by direct purchase or through condemnation between 1919 and 1921 at a cost of $2,624,950. It was designated as a permanent military post on September 30, 1922, and is headquarters for a number of field artillery units and during the summer months is used for the training of field artillery of the National Guard and Organized Reserves. In the construction of the camp, a sewer system was established with an outlet in the Little River across certain property of the O. A. Waddell estate and the Carolina Power & Light Co. The land upon which the sewer is located was never acquired from the original owners, nor were leases entered into for the use thereof. The owners later entered a claim for use and occupancy of their land, which claim has been passed upon by the War Department and forwarded to the Comptroller General for settlement. Because of the impossibility of removing this sewer line to a location situated on Governmentowned property, it becomes necessary, in order to avoid future claims for use and occupancy, to acquire a permanent easement or right of way through these properties. The owners have asked a price which is considered excessive and this easement will, therefore, have to be acquired through condemnation. The estimated cost of the proposed bill is approximately $1,500.

Sincerely yours,

о

PATRICK J. HURLEY,
Secretary of War.

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TO WIDEN FORT THOMAS AVENUE, FORT THOMAS, KY.

FEBRUARY 20, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mrs. KAHN, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany H. R. 10253]

The Committee on Military Affairs, to whom was referred the bill (H. R. 10253) to amend the act of December 5, 1928, entitled "An act to authorize the city of Fort Thomas, Kentucky, to widen, improve, reconstruct, and resurface Fort Thomas Avenue and to assess the cost thereof against the United States according to front feet of military reservation abutting thereon, and authorizing an appropriation therefor," introduced by Mr. Newhall, having considered the same, report thereon with the recommendation that it do pass.

On December 5, 1928, the President signed a bill passed by Congress reading as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the authorities of the city of Fort Thomas, Kentucky, are hereby authorized to widen, improve, reconstruct, and resurface Fort Thomas Avenue with concrete curbing and paving, including sidewalks, under the supervision and subject to the approval of the Secretary of War, and are authorized to assess and apportion the cost thereof against the United States according to the number of front and abutting feet of ground of the United States military reservation in the same proportion and to the same extent that the cost is assessed and apportioned against other owners of private property fronting and abutting on said street, and the sum of $11,000 is hereby authorized to be appropriated out of any money in the Treasury, not otherwise appropriated, to pay for said improvements abutting approximately one thousand five hundred feet on said street when the same are completed, and same to be paid on approval of the Secretary of War.

The purpose of this amendment to the law is to change the amount of the appropriation to $14,000.

In explanation of the necessity for the present bill Mr. Newhall who introduced the measure, makes the following statement: DECEMBER 19, 1930.

Hon. W. FRANK JAMES,

Chairman Committee on Military Affairs,
House of Representatives.

MY DEAR COLLEAGUE: Reference is made to the bill, H. R. 10253, which I introduced in the House during the month of February, 1930, for the purpose of amending the act of December 5, 1928, entitled, "An act to authorize the city of Fort Thomas, Kentucky, to widen, improve, reconstruct, and resurface Fort Thomas Avenue and to assess the cost thereof against the United States according to the front feet of military reservation abutting thereon and authorizing an appropriation therefor.

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On April 30, 1928, the Hon. Orie S. Ware introduced H. R. 13406, which authorized the city of Fort Thomas to reconstruct Fort Thomas Avenue and appropriated $15,000 therefor. However, this amount was reduced to $11,000 and the act was passed and approved December 5, 1928.

When this reduction of appropriation was made, it was obviously applicable to the street construction only, since both street and sidewalks could not be constructed for $11,000. The construction of the street has now been completed as well as all sidewalks of private property owners abutting on the street. However, since no additional appropriation has been authorized for the purpose of constructing the sidewalks along the military reservation, they remain the same and it is needless to say that they are hardly recognizable as sidewalks.

I sincerely trust that the Committee on Military Affairs will see fit to report the above mentioned H. R. 10253 in order that the improvement along the military reservation may be completed.

Very truly yours,

J. LINCOLN NEWHALL, M. C.

The Secretary of War reporting on the measure calls attention to the moral obligation resting upon the department, in which your committee concurs. The letter of the department reads as follows:

MAY 10, 1930.

Hon. HARRY C. RANSLEY,

Acting Chairman Committee on Military Affairs,

House of Representatives.

DEAR MR. RANSLEY: Careful consideration has been given to bill H. R. 10253, transmitted with your letter of April 16, 1930, with request for a report thereon and such views relative thereto as the department might desire to communicate.

The instant bill would amend the act of December 5, 1928, entitled "An act to authorize the city of Fort Thomas, Kentucky, to widen, improve, reconstruct, and resurface Fort Thomas Avenue and to assess the cost thereof against the United States according to front feet of military reservation abutting thereon, and authorizing an appropriation therefor," by increasing the amount authorized to be appropriated in the original bill ($11,000) to $14,000.

The necessity for the additional expenditure of $3,000 is due to the fact that when the project was completed it developed that the pro rata assessment chargeable to the United States property frontage was in excess of the amount appropriated. It has been determined that to complete the obligation already incurred on the roadway and to construct a proper sidewalk will cost $3,000.

I favor the passage of the bill for the following reason:

The other owners of property along the improved Fort Thomas Avenue have constructed sidewalks, and it is therefore incumbent upon the War Department to fulfill its moral obligation to construct that portion of the sidewalk along the street which abuts the Fort Thomas Military Reservation.

It is estimated that the total cost of the bill if enacted into law will be $3,000. Sincerely yours,

о

F. TRUBEE DAVISON.
Acting Secretary of War.

ADDITIONAL LAND FOR LANGLEY FIELD, VA.

FEBRUARY 20, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. HILL of Alabama, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany H. R. 10370]

The Committee on Military Affairs, to whom was referred the bill (H. R. 10370) to authorize the acquisition for military purposes of land in Virginia for use as an addition to Langley Field, introduced by Mr. James at the request of the War Department, having considered the same, report thereon with the recommendation that it do

pass.

This is a measure to authorize the acquisition of a heavily wooded tract of land immediately west of the airdrome at Langley Field. This wooded section blocks the landing field and is particularly dangerous for planes in taking off or landing, especially at night. Hearings have been held on this bill.

The letter of the War Department explaining the measure is as follows:

WAR DEPARTMENT, February 25, 1930.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

DEAR MR. SPEAKER: There is inclosed a draft of bill, "To authorize the acquisition for military purposes of land in Virginia for use as an addition to Langley Field," which the War Department presents for the consideration of the Congress with the request that it be enacted into law.

It is proposed to purchase a heavily wooded tract of land immediately west of the airdrome. The woods constitute a very serious hazard and interference with flying and training operations. High trees in this tract have been the cause of an accident resulting in the death of two men. Depending upon the direction of the wind, it is necessary at times for planes in taking off or landing to pass over this area. The danger is particularly great for night flying.

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The land is the property of the Hampton Normal Institute at Hampton, Va. The board of directors of this institution has agreed to accept $150 per acre for the land. This price is considered reasonable. The total estimated cost of $7,500 is but a fraction of the total loss that may be sustained in a single accident resulting from this hazard.

Sincerely yours,

PATRICK J. HURLEY,
Secretary of War

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