Code of the District of Columbia

§ 10–101. Authority to acquire fee title to land subject to limited rights reserved to grantor and to acquire limited permanent rights in land adjoining park property.

The authority of the National Capital Planning Commission, established by the Act approved April 30, 1926, is hereby enlarged as follows; said Commission is hereby authorized to acquire, for and in behalf of the United States of America, by gift, devise, purchase, or condemnation, in accordance with the provisions of the Act of June 6, 1924, as amended by the Act of April 30, 1926:

(1) Fee title to land subject to limited rights, but not for business purposes, reserved to the grantor; provided, that such reservation of rights shall not continue beyond the life or lives of the grantor or grantors of the fee; Provided further, that in the opinion of said Commission the permanent public park purposes for which control over said land is needed are not essentially impaired by said reserved rights and that there is a substantial saving in cost by acquiring said land subject to said limited rights as compared with the cost of acquiring unencumbered title thereto; and

(2) Permanent rights in land adjoining park property sufficient to prevent the use of said land in certain specified ways which would essentially impair the value of the park property for its purposes; provided, that in the opinion of said Commission the protection and maintenance of the essential public values of said park can thus be secured more economically than by acquiring said land in fee or by other available means; provided further, that all contracts for acquisition of land subject to such limited rights reserved to the grantor and for acquisition of such limited permanent rights in land shall be subject to the approval of the President of the United States.


(Dec. 22, 1928, 45 Stat. 1070, ch. 48, § 1.)

Prior Codifications

1981 Ed., § 8-101.

1973 Ed., § 8-103.

Transfer of Functions

The functions, powers and duties of the National Capital Park and Planning Commission were transferred to the National Capital Planning Commission by the Act of June 6, 1924, 43 Stat. 463, ch. 270, § 9, as added by the Act of July 19, 1952, 66 Stat. 790, ch. 949, § 1.

References in Text

The Act approved April 30, 1926, referred to in the introductory paragraph of this section, means the Act of April 30, 1926, 44 Stat. 374, ch. 198, which amended § 1 of the Act of June 6, 1924, 43 Stat. 463, ch. 270.

The Act of June 6, 1924, referred to in the introductory paragraph of this section, means the Act of June 6, 1924, 43 Stat. 463, ch. 270.

Editor's Notes

Delegation of functions: Authority of the President of the United States under this section to approve contracts for acquisition of land subject to limited rights reserved to the grantor and for the acquisition of limited permanent rights in land adjoining park property was delegated to the Director of the Office of Management and Budget by §  9(5) of Executive Order No. 11609, July 22, 1971, 36 F.R. 13747.