all of which the farmer or owner has cognizance of in making

his price;

(_4_) That in making up land values, account should be taken of:

(_a_) The cost of acquiring the land, or expense,

(_b_) The cost of the land itself.

The reasons are:

_I_.—In making a price on a 40-acre farm, the owner does not make two

prices, one on land and one on improvements. He arrives at a flat price

per acre for the entire farm, and usually asks more per acre for a part

than the whole. A man who valued his land at $100 per acre, with

improvements, would hardly sell 5 acres from a corner of his land, even

for residence purposes, at naked land prices.

The 1900 appraisal was based on naked land prices, as estimated by a

number of citizens of each county, and this flat rate was used in making

figures for the so-called "Market Value of Right-of-Way." It is fair to

assume that a railroad company can purchase large tracts of land for

gravel pits, or a narrow strip adjoining and widening its existing right

of way, at about market prices, as the elements of severance, abutting

damages, etc., are absent. Prices for this class of land ought to be,

and usually are, lower than those paid for a new right of way.

TABLE 2.—COUNTRY LAND.—ADDITIONAL STRIP FOR WIDENING RIGHT

OF WAY, GRAVEL PITS, ETC.

═════════╤════════════════════════════════════════╤══════════╤═════════

County. │ Description: Road and purpose. │ Average │ Average

│ │per acre, │per acre,

│ │ 1900 │transfer.

│ │appraisal.│

─────────┼────────────────────────────────────────┼──────────┼─────────

Jackson │Michigan Central. Widening right of way │ $84.47│ $156.08

Kalamazoo│Michigan Central. Additional right of │ 89.41│ 140.00

│ way near Augusta │ │

Kalamazoo│Grand Trunk Western. Additional strip │ 94.59│ 120.50

│ for double tracking │ │

Cass │Michigan Central. Gravel pit │ 84.97│ 94.15

Cass │Grand Trunk Western. Additional strip │ 71.79│ 203.53

│ for double-tracking │ │

Berrien │Michigan Central. Additional right of │ 109.40│ 113.66

│ way │ │

Washtenaw│Michigan Central. Additional right of │ 49.35│ 130.68

│ way │ │

Washtenaw│Ann Arbor. Additional right of way │ 88.60│ 116.12

Ionia │Pere Marquette. Gravel pit │ 77.50│ 125.00

═════════╧════════════════════════════════════════╧══════════╧═════════

Actual purchases are averaged from recent transfers, and represent

consideration paid owners, but not cost of acquiring.

The 1900 appraisal averages show country land after fixed charges

and percentages are added.

The tables given herewith are summarized from a very large mass of

information introduced as evidence in a suit of Michigan Central

Railroad _et al._ _vs._ Powers (The Michigan Tax Cases), and are

selected as average examples of conditions throughout the Southern

Peninsula.

It is evident from the figures in Table 2 that no such naked land values

as those used in 1900 were considered by the farmers in placing values

on their lands, as the sales covered in that table do not involve any

large element of damages. All transfers are of a strip a rod or more in

width adjoining an existing right of way.

_II._—It is true that in some sections of Michigan there are large

tracts of barren or low-priced land. In 1900 barren land prices were

used, and were much lower than farm land; in the poorer parts of the

State large percentages of barren land were used. This fact brought the

average per acre of country land, as applied in the appraisal, very low

in many of the counties, and justified the appraiser in using the

average country price of 1900 as the base price for a re-valuation.

Generally, the 1900 appraisal averages for country lands were fair

indices of the difference in actual value in different parts of the

State.

In the 1900 appraisal, the Michigan Central was credited with having, in

Jackson County, 309.1 acres of farm land (naked value, $38, average rate

$93.30), and 34.35 acres of barren land at $5 per acre. The field

inspectors reported that part of the district between Parma and Albion,

in the vicinity of Bath Mills, was waste or barren land. The Jackson and

Battle Creek Traction Company parallels and adjoins the Michigan Central

Railroad right of way from Parma to Bath Mills. An investigation of

records of deeds showed that they bought 25.02 acres of land in this

district at $65.79 per acre, and that the average price of all their

land in the county was $239.52 per acre.

While there was a marked difference in the rates of different grades of

country land, no one would be justified in putting any land south of a

line drawn from Saginaw to Muskegon at prices as low as $2 to $10 per

acre. An average based on the 1900 classification of lands would

probably eliminate all waste land classifications, without doing any

injustice.

TABLE 3.—AVERAGE VALUES PER ACRE OF COUNTRY LANDS, OF THE 1900

APPRAISAL, OF THE JACKSON, LANSING AND SAGINAW RAILROAD, AFTER

ALL THE PERCENTAGES AND FIXED CHARGES WERE ADDED.

════════════╤═══════

County. │Price.

────────────┼───────

Jackson │ $75.71

Ingham │ 74.90

Clinton │ 42.38

Shiawassee │ 67.18

Saginaw │ 40.80

Bay │ 38.69

Arenac │ 32.47

Ogemaw │ 8.69

Roscommon │ 10.74

Crawford │ 8.41

Otsego │ 15.62

Montmorency │ 12.38

Cheboygan │ 17.13

════════════╧═══════

Table 3 illustrates quite clearly the extremely low figures applied in

many counties in the 1900 appraisal, and also represents quite well the

relative difference in value in the different counties.

That the 1900 rate varies about as the purchase price, is shown by the

fact that the Pere Marquette Railroad built a line in Montcalm County,

buying 155.3 acres at an average price of $135.19 per acre, while the

1900 appraisal showed an average of $29 on the 918 acres appraised. The

purchase price was 4.66 times the 1900 appraisal.

In Calhoun County, the Grand Trunk Railroad bought 63.2 acres at $491.13

per acre, while the 1900 appraisal was $61.44 on all the country land in

the county, or only one-eighth of the actual purchase price.

_III._—There can be no doubt that a railroad right of way costs much

more than an equal acreage of farm lands. The writer has always been

inclined to hold the view that an ordinary right of way through good

farming country would cost from two to three times farm prices, no

matter how much care is used in the acquisition of the land. In recent

years the price of right of way has been greatly increased. The Newton

and Northwestern Railroad right of way, in Iowa, cost $267 per acre, on

a line 80 miles long. This is nearly all country land, about 1 mile in

the outskirts of Boone (population 12,000), and about ½ mile in Newton

(population 6,500), being the only city land to increase the average.

The Rock Island System and the Chicago Great Western paid higher country

prices in the same territory. This line is in such country as Southern

Michigan, and land is held at from $65 to $100 per acre.

The Toledo Urban and Interurban right of way, in Lucas County, Ohio, was

bought by the writer in 1901 at an average net price of $329.21 per

acre. The average assessed valuation is $55 per acre. The going value of

farm lands will range from $100 to $225; probably a fair average is $135

per acre. The prices paid by Michigan railroads are fully sustained by

these personal experiences.

The figures in Table 4 show that the actual average price paid for new

right of way is greater than the average of the 1900 appraisal, after

the 125% and fixed charges are added, by from 230 to 726 per cent.

The argument that a change of line costs more than a new line is not

sustained by Table 4. In Jackson County, the Michigan Central Railroad

changed its line at an average cost of $165.67 per acre. The Jackson and

Battle Creek, a new line, parallel with and adjoining the Michigan

Central, paid $239.53; the Jackson and Suburban, a new electric line,

paid $293.34, and the "Ypsi-Ann" Electric paid $393.74. All the new

lines in Monroe County are higher than any changes of line in similar

country. The Ann Arbor change in Washtenaw County, located by the

writer, is at one point 3 miles from the old right of way, and only at

the two ends of the 7-mile line does it run on farms owned by parties

crossed by the old road; therefore, to all intents and purposes, it is a

new line.

The naked land values used in 1900, being clearly too low, were of no

use and were dropped. The so-called market price of right of way as

given in 1900 was misleading.

TABLE 4.—COMPARISON OF COUNTRY LAND VALUES.

The actual purchases are averaged from recent transfers, and represent

consideration paid to land owners, but not the cost of acquiring.

The 1900 appraisal averages show all country land after fixed charges

and percentages were added, per rule of 1900.

═════════╤═══════════════════╤══════════╤═══════════════════╤═════════

County. │ Railroad. │ 1900 │ Railroad. │ Actual

│ │Appraisal,│ │transfer,

│ │ average │ │ average

│ │per acre. │ │per acre.

─────────┼───────────────────┼──────────┼───────────────────┼─────────

Jackson │Michigan Central. │ $71.36│Michigan Central │ $165.67

│Air Line │ │Air Line. New Line │

│Michigan Central. │ 88.47│Jackson and Battle │ 239.53

│ │ │Creek. Average │

│ │ │entire county │

│Michigan Central. │ 5.00│Jackson and Battle │ 65.79

│Waste land │ │Creek. Wasteland │

│Michigan Central. │ 93.30│Jackson and Battle │ 298.51

│First-class farm │ │Creek. First-class │

│ │ │farm │

│Jackson, Lansing │ 75.72│Jackson and │ 293.34

│and Saginaw. │ │Suburban. │

│Average country │ │ │

│values │ │ │

│ │ │Detroit, Ypsilanti │ 393.74

│ │ │and Ann Arbor │

Monroe │Flint and Pere │ 93.30│Flint and Pere │ 215.21

│Marquette. │ │Marquette. Monroe │

│ │ │to Toledo │

│Michigan Central. │ 93.30│Toledo and Monroe. │ 461.13

│ │ │Electric │

│Lake Shore and │ 93.30│Detroit and Toledo │ 214.38

│Michigan Southern. │ │Shore Line. (Duffy)│

│ │ │Detroit and Toledo │ 262.49

│ │ │Shore Line. (Burt) │

Kalamazoo│Michigan Central. │ 89.41│Michigan Central. │ 236.22

│ │ │Kalamazoo to │

│ │ │Mattawan │

Van Buren│Michigan Central. │ 66.54│Michigan Central. │ 196.00

│ │ │Kalamazoo to │

│ │ │Mattawan │

Cass │Michigan Central. │ 84.97│Michigan Central. │ 260.61

│ │ │Cut-off near │

│ │ │Pokagon │

│Michigan Central. │ 10.00│Michigan Central. │ 60.00

│Wasteland │ │Waste on cut-off │

Genesee │Grand Trunk │ 98.10│Grand Trunk │ 337.56

│Western. │ │Western. Improved │

│ │ │line │

Genesee │Pere Marquette. │ 80.81│Flint and Pere │ 234.00

│ │ │Marquette. Change │

│ │ │of line │

Montcalm │Pere Marquette. │ 29.00│Pere Marquette- │ 135.81

│ │ │Greenville-Stanton.│

Calhoun │Grand Trunk │ 61.44│Grand Trunk │ 491.13

│Western. │ │Western. Change of │

│ │ │line west of Battle│

│ │ │Creek │

Calhoun │Michigan Central. │ 74.38│Jackson and Battle │ 218.74

│ │ │Creek. Electric │

Tuscoia │Michigan Central. │ 60.75│Michigan Central. │ 73.04

│ │ │Caro-Owendale │

St. Clair│Pere Marquette. │ 43.18│Rapid. │ 287.05

│ │ │Anchorville-Marine │

│ │ │City │

Washtenaw│Ann Arbor. │ 38.60│Ann Arbor. Change │ 285.50

│ │ │of line near Ann │

│ │ │Arbor │

Ionia │Pere Marquette. │ 77.50│Pere Marquette. │ 112.30

│ │ │Lowell-Belding │

Manistee │Ann Arbor. │ 25.40│Ann Arbor. Change │ 47.33

│ │ │line near Harlan │

Osceola │Pere Marquette. │ 40.03│Pere Marquette. │ 57.93

│ │ │Change line near │

│ │ │Evart │

═════════╧═══════════════════╧══════════╧═══════════════════╧═════════

Having shown that there is an increase in cost of railroad over farm

land, the question arises: Is it legitimate? If it is a proper item of

cost, has it a place in the present value column?

In building a new railroad, engineers prepare their estimates of cost,

including grading, rail and fastenings, ties, bridges, and, among other

items, right of way. Their clients provide funds to build the line, and

furnish, among other items, cash for the right of way. The right-of-way

account in no wise differs from that of any other item of physical cost.

The right of way, with all its hold-ups, items for damages, court costs,

legal expenses, bills for personal services and expenses in securing it,

abstracts and recording of deeds, is just as much an element of physical

cost as the rails. The cost of acquiring the right of way is as proper

an element as charges for inspecting the rails, freight charges on them,

the loading and unloading, or any other charges that enter into the cost

of rails delivered to the track-laying contractor.

Should the cost of reproduction of right of way be carried to the

present value column? Clearly, yes. If a road is unfortunate enough to

buy its rails when they are at a price of $60 per ton, the full price is

charged to capital account; and when the line is sold to some large

corporation, no reduction is made, even though the price of rails be

much less at the time, but the selling price is based on the

construction account as a whole.

The same is true of the right of way. In no case which has come under

the writer's notice has a new company, or a set of promoters disposing

of a new line or a new right of way, ever consented to deal except on

the basis of construction account, plus promoters' profit. The cost of a

right of way is increased on account of continuity. A farmer is

justified in increasing his price per acre by reason of the fact that

the road must have a continuous line, regardless of how it affects the

individual. He must rearrange his fields, replant his orchard, change

his fences, ditches, and tile lines, and re-adjust his entire property

to accommodate the necessity of the road. He must also take into account

severance or damages. He is compelled to cross the line at an

inconvenient place, open and close two gates in every lane or at every

crossing, drive his cattle back and forth to water, haul his produce

over a short heavy grade across the track, and he must not interfere

with the railroad. He is in constant danger of loss of property from

fire or from accident, and he is in personal danger every time he passes

from his own land on one side of the railroad to his own land on the

other side. Every one who has bought right of way knows these arguments,

and is aware that the farmer knows them and charges extra on account of

them.

The law provides that, in condemnation, the jury shall take into account

two elements, the value of the land, and damages. The railroad pays

them, and very promptly charges the entire cost to the right-of-way

account. No one will question the propriety of the farmer taking them

into account in fixing his price. The value of continuity to the

railroad can hardly be measured in dollars and cents.

A fair illustration of continuity may be found in coal lands. A promoter

will secure option on a large acreage. As long as his holdings are

disconnected and widely separated they are of no more value than

adjoining lands, but let him close options on a large block of land all

in one body, and immediately he can add from 100 to 200% to the value of

his land for mining purposes. This added percentage is due to

continuity.

The conditions surrounding the purchase of railway lands in Michigan

have changed materially in the past few years. In a new country, without

means of transportation, land values are low, and, in order to open new

markets, land owners can afford to donate the right of way. Undoubtedly,

a very large percentage of the total right of way on the older lines was

either donated or bought at very low prices. As a community grows and

develops, acquires new industries, and receives new improvements,

property values increase; and, along with a general appreciation of

other values, those of railroad property must increase. It would

certainly be true that the present value of the site of the Majestic

Building, in Detroit, is not the same as it was in 1850; the argument

that its actual cost in 1850 was, say, $200, would not be any

justification for such a value to-day. Equally is it true that the value

of property owned by the Michigan Central Railroad is not to be measured

by the price paid for it 50 years ago. The greater business, and the

larger income derived from that business, make the Detroit of to-day a

much more valuable terminal for the road than the Detroit of 50 years

ago.

The same argument will apply to any city which has grown up after the

construction of railroads. The original right of way was farm land and

may have been a donation, but the change from farm to city certainly

increases the value of the railroad land just in proportion as the

surrounding land increases.

The same reasoning is properly applicable to lands which decrease in

value. Where a railroad buys right of way to gain access to valuable

timber lands, and, after the removal of the timber, the land is too poor

to support a population, the present value should depreciate in the same

ratio as the surrounding land, and immediately on its abandonment as a

right of way it would cease to have a railroad value.

In an appraisal, it appears to be fair to base the cost of reproduction

on the cost of building a new line on the location of the road under

appraisal, all other means of transportation remaining as they are

to-day, so as to secure as nearly as possible the conditions that would

be encountered by a new company building a new line on this location.

The argument was made in 1900, and reiterated frequently, that railroad

companies secure many donations. It may safely be said that, in a

developed country, such as in the south half of the Lower Peninsula, the

donations are of little account. Few donations were found in an

examination of records of deeds covering 10 years; and in some cases the

conditions were so burdensome that it may be said that the gift land was

the most expensive. A condition for a cattle-pass costing from $400 to

$600, a side-track costing from $1 to $1.50 per ft., and other like

specifications are found; and in many deeds where a liberal

consideration is named conditions which add greatly to the cost are not

infrequent.

The recent new lines in Southern Michigan secured but few donations,

although all considerations of $1 and other good and valuable

considerations were classed as donations unless the contrary was

susceptible of proof. In the case of the Ann Arbor Railroad, in

Washtenaw County, the $1 consideration represents a higher price than

the average, this being known by the writer, as he bought it. The same

is true of the Detroit and Toledo Shore Line, in Monroe County. In

making an appraisal, no deductions should be made for donations, if

there are any, as the fact that land is donated does not indicate

absence of value; nor should an addition be made to the appraisal value

on account of the fact that a road has been held up and compelled to pay

exorbitant prices in certain localities.

In some counties the base values of land in villages and small towns

were given at ridiculously low prices in 1900; some are as low as from

$50 to $100 per acre in towns of from 1,000 to 3,000 population. When

one stops to consider that a lot 4 by 8 rods contains ⅕ acre, and that

such lots in a town of considerable size range from $50 to $300 each, it

is readily seen that from $250 to $1,500 per acre are not excessive

figures. The figures for an adjoining county were often very high, and

village values were put up to substantially full value. The result of

adding percentages in 1900 was to magnify discrepancies, and little

villages of from 200 to 500 population in one county were appraised at a

higher rate than towns of from 2,000 to 5,000 in the next.

In 1902 the appraiser undertook to equalize all such discrepancies, and

found that no hard-and-fast rule would apply. A comparison of village

values, as determined by actual purchase, with the 1900 appraisal, is

given in Table 5.

The 1900 appraisal for city lands, outside of Detroit and Grand Rapids,

was generally very conservative or low. In some cases the figures were

extremely low.

TABLE 5.—AVERAGE PRICE PER ACRE FOR VILLAGE LAND.

Actual purchases are averaged from recent transfers. The 1900 appraisal

averages are averages of prices as applied after all percentages and

fixed charges are added.

══════════╤════════════════════╤════════════╤════════════╤════════════

County. │ Name of road. │ Name of │ Appraisal, │ Actual

│ │ village. │ 1900. │ transfer.

│ │ │Average per │Average per

│ │ │ acre. │ acre.

──────────┼────────────────────┼────────────┼────────────┼────────────

Jackson │Michigan Central │Parma │ $177.25│ $1,166.65

Van Buren │Michigan Central │Mattawan │ 571.00│ 2,439.04

Tuscola │Michigan Central │Caro │ 571.00│ 733.42

Oakland │Pere Marquette │Clyde │ 346.00│ 333.00

Oakland │Pere Marquette │Milford │ 571.00│ 1,136.37

Genesee │Pere Marquette │Grand Blanc │ 121.00│ 327.87

Kent │Pere Marquette │Lowell │ 571.00│ 1,552.26

Ionia │Pere Marquette │Belding │ 1,000.00│ 967.77

Washtenaw │Michigan Central │Dexter │ 571.00│ 718.75

Washtenaw │Michigan Central │Delphi │ 233.50│ 2,383.34

Cass │Grand Trunk Western │Cassopolis │ 458.50│ 1,600.00

Cass │Grand Trunk Western │Edwardsburg │ 222.25│ 466.67

══════════╧════════════════════╧════════════╧════════════╧════════════

The conclusion reached by the appraiser in 1902 was that, for railroad

purposes, right of way is worth what it costs to produce it. It would be

just as consistent to claim that a railroad has a misfortune in having a

river to cross, and that no value should be placed on the bridge which

spans it, as to claim that right of way, which costs three times

farm-land values, should not be valued at a higher figure than farm

land.

TABLE 6.—COMPARISON OF VALUATION FIGURES WITH ACTUAL

CONSIDERATIONS—COMPARISON OF IMMEDIATELY ADJOINING PROPERTIES,

GRAND RAPIDS, MICHIGAN.

The prices are per square foot or per acre.

═══════════════════════════╤═════════╤═══════════╤═══════════╤═════════

Location. │ Size of │ Michigan │ Pere │ Actual

│ lots. │ Central │ Marquette │transfer.

│ │appraisal. │appraisal. │

───────────────────────────┼─────────┼───────────┼───────────┼─────────

│ ft. deep│per sq. ft.│per sq. ft.│

Fulton to Island Street │50 by 100│ │ $2.00│ $1.40

Island to Oakes Street │50 by 100│ │ 2.00│ 1.22

Oakes to Cherry Street │ │ │ 2.00│ 1.33

Cherry Street Frontage │130 deep │ $1.23│ 1.23│

Cherry to Williams Street │50 by 130│ │ │ 1.55

Williams Street Frontage │130 deep │ 0.92│ 0.54│

Williams to Bartlett Street│ │ │ │ 0.76

Bartlett Street Frontage │130 deep │ 0.77│ 0.46│

Bartlett to Goodrich Street│ │ │ │ 0.625

Goodrich Street Frontage │130 deep │ 0.62│ 0.38│

Goodrich Street to │ │ │ │ 0.395

Wealthy Avenue │ │ │ │

Prescott to First Street │ │ 0.25│ │ 0.54

First to Second Street │ │ 0.25│ │ 0.16

│ │ per acre.│ per acre.│

Land on Hall Street │ │ 1,500│ 1,359│ 3.75

North side of Hall Street │ │ │ 1,000│per acre.

Hall to Stevens Street │ │ 1,500│ 800│ 1,351.11

On Crofton Street │ │ 400│ │ 400.00

═══════════════════════════╧═════════╧═══════════╧═══════════╧═════════

The problem of an appraiser is to determine, with the best evidence at

hand, what land is fairly worth for railroad purposes at the time of

appraisal. He must take into account the railway-purpose increment, if

he is consistent in his appraisal.

Non-Physical Values.

The foregoing narrative account of the general field and office handling

of the Michigan appraisal of physical property, while not touching on

matters of principle of valuation, except as to land values, is

submitted as describing briefly the machinery of the appraisal. A number

of very important issues were raised which have to do with the theory of

valuation. These are worthy of discussion at length, in the subsequent

consideration of the method of determination of a fair value, but are

not here referred to. Within any short limits it is impossible to give a

comprehensive description in detail of all the work of the Michigan

appraisal. Several articles descriptive of this work have been written,

giving quite full extracts from the various sets of rules which were

promulgated, and describing some phases of the work in much more detail

than is here attempted.

The Valuation of Public Service Corporation Property Transactions of the American Society of Civil Engineers, vol. LXXII, June, 1911, ASCE 1190 · 第 6 / 35 段