Other cities of Belgium, notably Liege, have also employed this method of taking by zones, and, acting under wiser guidance or more favorable conditions, have succeeded in carrying out their improvements without having to pass through the period of “storm and stress” which Brussels experienced, and in the case of Liege especially certain improvements carried out by this method have shown a substantial profit.
It is of interest to note in this connection that the power of taking land by zones conferred on the cities of Belgium is not possessed by the State, one reason for this distinction being that the approval of the Provincial Government required in the case of takings by cities affords a check against the abuse of this power which would be lacking in the case of the State.
As a result of this situation, the State has requested the city of Brussels to make such takings on a large scale in the vicinity of the new central railway station which the State is about to build in Brussels, and has made a contract with the city under which the State agrees to advance the money necessary for the operation and to assume the risk of any loss resulting therefrom.
I am informed that Belgium has no law for the assessment of betterments.
Note as to Certain Differences Regarding Damages in Case of Takings by Eminent Domain
In France in the case of takings by right of eminent domain the damages are assessed by a jury, in Belgium, by the judges.
In France it is not the practice to receive the testimony of experts regarding the value of the land.
(It is said that in the last thirty years there has been but one case in Paris in which such testimony was given.)
In Belgium such testimony in the form of written reports is customarily received.
In both countries the awards for damages to land and buildings, i. e., the damages awarded to the owner, are considered by the city authorities to be somewhat in excess of the market value, but not greatly so.