OPINIONS OF HON. ROBERT H. JACKSON, OF NEW YORK APPOINTED JANUARY 18, 1940 PUBLIC HOUSING PROJECT A housing project sponsored by Caddo Parish, La., is a public project within the contemplation of the Emergency Relief Appropriation Acts notwithstanding that the money spent upon such project by the Parish will be voluntarily paid to the Parish by the owner of the abutting property rather than raised through the imposition of assessments. The PRESIDENT. AUGUST 20, 1940.* MY DEAR MR. PRESIDENT: I have the honor to comply with your request of August 9 for my opinion upon two questions which have been suggested as arising in connection with the Meadowbrook Park Living Terrace project of the Work Projects Administration at Shreveport, La., and approved by you on June 8, 1940, under the following description: "Construct water, sewer, street, and park facilities at Meadowbrook Park Living Terrace, to facilitate low cost housing development. Work includes placing mains, laterals, and service connections; constructing sidewalks, curbs, gutters, and drainage lines and structures; paving; creating and landscaping parks and playgrounds; grading, straightening, and sodding creek; and performing incidental and appurtenant work. Publicly-owned property." Subsequent to the approval of this project, the following objection was raised: "The Congress of the United States has provided, wisely, I think, that relief funds are to be used only on 'public projects' and, however commendable this project may be, I cannot subscribe to the view that it is a public project within *Released for publication, September 28, 1942. 1 the contemplation of the authority vested in the Work Projects Administration. Furthermore, the Relief Act, in furtherance of the requirement that relief funds shall be expended only on public works, provides that the sponsor must be either a State or a political subdivision of a State. While in this case the nominal sponsor is the Police Jury of Caddo Parish, the real sponsor is Mr. *** [the present owner of the land]." The Administrator of the Federal Works Agency therefore inquires: "1. Is the project as described a 'public project' within the meaning of the Relief Appropriation Acts of 1940 and 1941? "2. Under the circumstances stated, is the sponsorship of the project by the Police Jury of Caddo Parish nullified or destroyed by reason of the circumstance that the money which it proposes to spend on the project is contributed to it by the present owner of the land to be eventually repaid by the home owner who will actually occupy the lots?" The Emergency Relief Appropriation Acts for the fiscal years 1940 and 1941 (Public Res. No. 24, approved June 30, 1939, c. 252, 53 Stat. 927; Public Res. No. 88, approved June 26, 1940, c. 432, 54 Stat. 611) authorized the prosecution of "public projects, Federal and non-Federal," expressly stated as including highways, roads, streets, parks and other recreational facilities, sewer systems, water supply, etc. It is my understanding from the Administrator's letter, and from the accompanying opinion and oral statements made in connection therewith by the General Counsel of the Federal Works Agency, that the proposed Meadowbrook Park Living Terrace is a bona fide low-cost housing project approved by the Federal Housing Administration, which has found a shortage of low-cost housing in the area, and that the suggestion of the desirability of utilization of the particular site did not originate with the owner of the land— although it does not appear to me that as a matter of law it is material who first suggested the use of the site. The land upon which the work is to be done will be dedicated to and accepted by Caddo Parish which, acting through the constituted public authorities, will sponsor the project and will spend upon it that part of the cost required by the Federal statutes. It is unimportant that this money will be voluntarily paid to the parish by the owner of the abutting property rather than raised by the parish through the imposition and collection of assessments on such property. It is therefore my opinion that the project is properly to be regarded as a "public project" and that it is immaterial that the money to be spent by Caddo Parish will be contributed by the present owner of the abutting land and reimbursed to him by the home owners who will actually occupy the lots. In reaching these conclusions, however, I have in mind the statement of the Administrator that "the Commissioner of the Work Projects Administration also stipulated in agreeing to the project that only so much of the construction would be undertaken at a given time as would be necessary to provide facilities for houses for the construction of which the Federal Housing Administration had made commitments, thereby assuring that the utilities when constructed would be immediately used and not be idle.” I am inclined to think those who object may have visioned the laying out of streets, etc., throughout the whole of an unoccupied tract of land without regard to probable immediate public need-which might perhaps be assailed as an abuse of discretion. The statement of the Administrator supplies the desirable clarification regarding this. Respectfully, ROBERT H. JACKSON. HEARINGS UNDER CIVIL AERONAUTICS ACT OF 1938 Section 7 of Reorganization Plan III (54 Stat. 1231) vests in the Civil Aeronautics Board the function of holding hearings under section 602 (b) of the Civil Aeronautics Act of 1938 (52 Stat. 973) upon petition for reconsideration of the denial of applications for issuance or renewal of airman certificates. DECEMBER 31, 1940.* The SECRETARY OF COMMERCE. MY DEAR MR. SECRETARY: In your letter of November 30, 1940, you request my opinion whether the duty of holding *Released for publication, January 15, 1948. |