Code of the District of Columbia

Subchapter I. General.


§ 9–101.01. Control and repair of streets.

The Mayor of the District of Columbia shall have entire control of, and the Council of the District of Columbia shall make all regulations which it shall deem necessary for keeping in repair, the streets, avenues, alleys, and sewers of the City, and all other works which may be intrusted to the Mayor’s charge by the Congress.


(R.S., D.C., § 77; June 20, 1874, 18 Stat. 116, ch. 337, § 2; June 11, 1878, 20 Stat. 103, ch. 180, § 2.)

Prior Codifications

1981 Ed., § 7-101.

1973 Ed., § 7-101.

Cross References

Regulations necessary for the protection of lives, limbs, health, comfort, and quiet, see § 1-303.03.

Removal of snow and ice, see § 9-601 et seq.

Street cleaning and sewer maintenance, see § 1-305.01.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(150) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 9–101.02. Jurisdiction over public roads and bridges.

The Mayor of the District of Columbia shall have the care and charge of, and the exclusive jurisdiction over, all the public roads and bridges, except such as belong to and are under the care of the United States, and except such as may be otherwise specially provided for by Congress.


(R.S., D.C., § 247; June 20, 1874, 18 Stat. 116, ch. 337, § 2; June 11, 1878, 20 Stat. 103, ch. 180, § 2.)

Prior Codifications

1981 Ed., § 7-102.

1973 Ed., § 7-102.

Cross References

Barbed-wire fences, see § 9-1213.01 et seq.

Bridges, see § 9-301 et seq.

“Business streets,” designation and regulation, see § 9-1201.05.

Construction of public buildings, municipal center site acquisition, condemnation of public streets and alleys, see § 10-601.

Criminal trespass, obstruction of public roads and highways, see §§ 22-3320 and 22-3321.

Electrical wiring and conduit systems, see §§ 9-1207.03, 34-1401 et seq., and 34-2501 et seq.

Jurisdiction over public roads, miscellaneous provisions, see § 9-1201.01 et seq.

MacArthur Boulevard, transfer of jurisdiction to the Council of the District of Columbia, see § 9-1201.01.

Naming of public spaces, see § 9-204.01 et seq.

National Park Service, public streets, duties, see §§ 9-1201.04 and 9-1201.07, and 9-1201.08.

Public parks and playgrounds, see § 10-101 et seq.

Rights-of-way through cemeteries, see § 1-1315.

Roadway widening and sidewalk establishment, lands under jurisdiction of the National Park Service, authorization, see § 10-123.

Secretary of the Interior, prevention of improper appropriation or occupation of public streets, see § 9-1201.09.

Street lighting, regulation of gas mains, see § 9-506.

Street parking, see § 10-106.

Traffic regulations, see § 50-2201.01 et seq.

United States Navy Yard, railroad connection, see §§ 9-1203.02 to 9-1203.05.

Water mains and service sewers, see §§ 34-2401.01 and 34-240

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 9–101.03. Certain public roads declared public highways.

All public roads within said District, outside the limits of Washington and Georgetown, which were duly laid out or declared and recorded as such on June 22, 1874, are public highways.


(R.S., D.C., § 246.)

Prior Codifications

1981 Ed., § 7-104.

1973 Ed., § 7-104.

Cross References

City of Georgetown, abolition, see § 1-107.

Public ways, streets and alleys on recorded plats, see § 1-1314.


§ 9–101.04. Abandonment or readjustment of streets to provide ground for educational, religious, or similar institutions. [Repealed]

Repealed.


(Mar. 10, 1983, D.C. Law 4-201, § 712, 30 DCR 148.)

Prior Codifications

1981 Ed., § 7-113.


§ 9–101.05. Use of property by owner until condemnation.

The owner or owners of land over or upon which any highway or reservation shall be projected upon any map filed under §§ 9-103.01 to 9-103.05 shall have the free right to the use and enjoyment of the same for building or any other lawful purpose, and the free right to transfer the title thereof, until proceedings looking to the condemnation of such land shall have been authorized and actually begun. And as to any highway or part of highway which by any such map is to be abandoned neither the right of those occupying or owning land abutting thereon or adjacent thereto, nor the right of the public to use such highway or part of highway, shall be affected by the filing of such map until condemnation proceedings looking to the ascertainment of the damages resulting from such proposed abandonment shall have been authorized and actually begun; nor shall the obligation of the municipal authorities to keep the same in repair be affected until they are rendered useless by the opening and improvement of new highways, to be evidenced by public notice by the Mayor of the District of Columbia.


(June 28, 1898, 30 Stat. 520, ch. 519, § 5.)

Prior Codifications

1981 Ed., § 7-114.

1973 Ed., § 7-114.

References in Text

“ Section 9-103.05”, referred to in the first sentence, was repealed by § 711 of D.C. Law 4-201, effective March 10, 1983.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 9–101.06. Public notice of proposed plan.

(a) At least 30 days prior to the submissions by the Mayor of the District of Columbia to the National Capital Planning Commission and to the Council of the District of Columbia for approvals of a proposed modification to the permanent system of highways, the Mayor shall provide written notice of an opportunity to submit comments on the proposed modification to:

(1) Each owner of land within the squares in which or adjacent to which the proposed modification is located, by registered mail to the address to which taxation notifications are sent by the District of Columbia Department of Finance and Revenue;

(2) Each Advisory Neighborhood Commission within whose commission area the proposed modification is located; and

(3) The public, by publishing the proposed modification in the District of Columbia Register.

(b) Copies of comments received by the Mayor shall be included in any subsequent submission by the Mayor to the Council of the District of Columbia of a resolution to consider the proposed modification to the permanent system of highways.


(June 28, 1898, 30 Stat. 520, ch. 519, § 6; May 10, 1988, D.C. Law 7-106, § 3, 35 DCR 2170.)

Prior Codifications

1981 Ed., § 7-115.

1973 Ed., § 7-115.

Emergency Legislation

For temporary (90 day) addition, see § 3 of Abandonment of the Highway Plan for the Unimproved Highway Plan Right-of-Way Along West Virginia Avenue, N.E., Abutting Mt. Olivet Road, N.E., Capitol Avenue, N.E., Fenwick Street, N.E., and West Virginia Avenue, N.E., Adjacent to Squares 4045 and 4046 S.O. 10-13744 Emergency Act of 2010 (D.C. Act 18-514, July 30, 2010, 57 DCR 7967).

References in Text

Pursuant to the Office of the Chief Financial Officer’s “Notice of Public Interest” published in the April 18, 1997, issue of the District of Columbia Register ( 44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner’s Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.

Editor's Notes

Approval of abandonment of highway plan: Section 4 of D.C. Law 8-76 provided that the Council approved the abandonment of the highway plan for the portion of 42nd Street, N.W., South of W Street, N.W., as shown on the Surveyor’s plat filed under S.O. 87-51.

Section 3 of D.C. Law 18-68 provided: “Sec. 3. Notwithstanding section 6 of An Act to provide a permanent system of highways in that part of the District of Columbia lying outside the cities, and for other purposes, approved June 28, 1898 (30 Stat. 520; D.C. Official Code § 9-101.06), the Council amends the permanent system of highways, to accommodate the residential development in accordance with the plans approved pursuant to Zoning Commission Case No. 06-30, by adding the area of land shown on the Surveyor’s plat filed under S.O. 07-3090 as new public streets, which pursuant to section 401 of the Act (D.C. Official Code § 9-204.01), and notwithstanding section 402 of the Act (D.C. Official Code § 9-204.02), shall be designated as Water Lily Lane, N.E., and Cassell Place, N.E.”

Delegation of Authority

Delegation of authority pursuant to D.C. Law 7-106, “New Street or Alley Amendment Act of 1988”, see Mayor’s Order 88-162, July 11, 1988.

Resolutions

Resolution 15-132, the “Abandonment of the Highway Plan for the Unimproved Highway Plan Right-of-way Between 18th Street, S.E. and Good Hope Road, S.E. S.O. 01-1355, Resolution of 2003”, was approved effective July 8, 2003.

Resolution 15-133, the “Abandonment of the Highway Plan for the Unimproved Highway Plan Right-of-way Between 18th Street, S.E. and Good Hope Road, S.E. S.O. 01-1355, Resolution of 2003”, was approved effective July 8, 2003.

Resolution 15-134, the “Abandonment of the Highway Plan for the Unimproved Highway Plan Right-of-way Between 24th Street, S.E. and Good Hope Road, S.E. S.O. 01-1411, Resolution of 2003”, was approved effective July 8, 2003.

Resolution 18-651, the “Abandonment of the Highway Plan for the Unimproved Highway Plan Right-Of-Way Along West Virginia Avenue, N.E., Abutting Mt. Olivet Road, N.E., Capitol Avenue, N.E., Fenwick Street, N.E., and West Virginia Avenue, N.E., Adjacent to Squares 4045 and 4046, S.O. 10-13744, Approval Resolution of 2010”, was approved effective October 19, 2010.

Resolution 19-136, the “Abandonment of the Highway Plan for Hamlin Street, N.E., S.O. 07-1657, Resolution of 2011”, was approved effective June 6, 2011.


§ 9–101.07. Beatty and Hawkins’s Addition to Georgetown.

All the powers given to the Mayor and Council of the District of Columbia and others under §§ 9-103.01 to 9-103.05 shall apply to and be capable of being exercised upon and through Beatty and Hawkins’s Addition to Georgetown, where it may be necessary to connect streets in parts of the District lying outside of cities, or to connect any street in the city with streets in the District of Columbia.


(Apr. 12, 1904, 33 Stat. 587, Joint Res. No. 21.)

Prior Codifications

1981 Ed., § 7-116.

1973 Ed., § 7-116.

References in Text

“ Section 9-103.05” has been repealed by § 711 of D.C. Law 4-201, effective March 10, 1983.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(154, 156) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 9–101.08. Reversion of title upon abandonment of streets.

Upon the abandonment of any street, avenue, road, or highway, or part thereof, under the provisions of §§ 9-103.01 to 9-103.05, the title to the land contained in such abandoned portion shall revert to the owners of the land abutting thereon.


(Feb. 16, 1904, 33 Stat. 14, ch. 159, § 2.)

Prior Codifications

1981 Ed., § 7-118.

1973 Ed., § 7-118.

Cross References

Street and alley closing and acquisition procedures, see § 9-201.01 et seq.

References in Text

“ Section 9-103.05” has been repealed by § 711 of D.C. Law 4-201, effective March 10, 1983.


§ 9–101.09. Resubdivision of property affected by highway plan pending condemnation proceedings.

Where any proposed street of the permanent system of highways affects any lot or block of a subdivision recorded in the Office of the Surveyor of the District of Columbia, the Mayor of the District of Columbia may, in his discretion, allow the resubdivision of such lot or block in a manner conforming to the original subdivision until such time as condemnation proceedings are begun for the opening of the proposed street affecting the land to be subdivided.


(Feb. 26, 1904, 33 Stat. 51, ch. 164.)

Prior Codifications

1981 Ed., § 7-119.

1973 Ed., § 7-119.

Delegation of Authority

Delegation of Authority-Office of the Surveyor, see Mayor’s Order 2005-180, November 28, 2005 ( 53 DCR 462).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 9–101.10. Street, avenue, or public thoroughfare prohibited within 1,000 feet of Naval Observatory.

No street, avenue, or public thoroughfare in the neighborhood of the buildings erected upon the United States Naval Observatory grounds, Georgetown Heights, District of Columbia, shall extend within the area of a circle described with a radius of 1,000 feet from the center of the building known as the clock room of the said Observatory.


(Aug. 1, 1894, 28 Stat. 588, Joint Res. No. 40, § 1.)

Prior Codifications

1981 Ed., § 7-120.

1973 Ed., § 7-120.

Section References

This section is referenced in § 9-101.11.


§ 9–101.11. Massachusetts Avenue through grounds of United States Naval Observatory.

Massachusetts Avenue, as laid down in conformity with § 9-101.10 upon the maps of the engineer department of the District of Columbia, through the grounds of the United States Naval Observatory is declared to be a public street in all respects as the other public streets of the District of Columbia.


(Aug. 1, 1894, 28 Stat. 588, Joint Res. No. 40, § 2.)

Prior Codifications

1981 Ed., § 7-121.

1973 Ed., § 7-121.


§ 9–101.12. New highway plans authorized.

The Mayor of the District of Columbia is hereby authorized, whenever in his judgment the public interests require it, to prepare a new highway plan for any portion of the District of Columbia, and submit the same for approval, after public hearing, to the National Capital Planning Commission; such highway plans shall be prepared under §§ 9-101.04 to 9-101.06 and 9-103.01 to 9-103.05, and upon approval and recording of any such new highway plan it shall take the place of and stand for any previous plan for the portion of the District of Columbia affected.


(Mar. 4, 1913, 37 Stat. 949, ch. 150.)

Prior Codifications

1981 Ed., § 7-122.

1973 Ed., § 7-122.

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, ch. 270, § 9, as added by the Act of July 19, 1952, 66 Stat. 790, ch. 949, § 1.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 9–101.13. Subdivision to conform to plan of Washington.

No subdivision of land in the District of Columbia without the limits of the City of Washington shall be recorded in the Office of the Surveyor or in the Office of the Recorder of Deeds unless the same shall have been first approved by the Mayor of the District of Columbia and be in conformity with the recorded plans for a permanent system of highways.


(Mar. 3, 1901, 31 Stat. 1428, ch. 854, § 1604.)

Prior Codifications

1981 Ed., § 7-125.

1973 Ed., § 7-125.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 9–101.14. District authorized to use certain land owned by United States for street purposes.

The Mayor of the District of Columbia is authorized to use for street purposes 1,651 square feet of a tract of land known as parcel 17/93, 708 square feet of a tract of land known as parcel 18/52, and 380 square feet of a tract of land known as parcel 18/23, all for the widening of Reservoir Road, and to use for street purposes 23,779.63 square feet of a tract of land known as parcel 28/12 for the widening of Reservoir Road and Forty-fourth Street; and to use for street purposes a strip of land 60 feet wide containing 258,750 square feet, more or less, lying immediately northeasterly of the southwesterly boundary of a tract of land known as parcel 173/23 for the widening of South Dakota Avenue; and to use for street purposes 9,000 square feet, more or less, of a tract of land known as parcel 243/15 for the extension of Trenton Street and for the widening of 4th Street Southeast; and to use for street purposes 1,521.28 square feet of lot 802, square 1932, and 3,669.88 square feet of lot 837, square 1300, for the widening of Wisconsin Avenue, all as shown on maps designated as Street Extension Maps 1150 and 1154, and Surveyor’s Office Maps 1314 and 1373, on file in the Office of the Surveyor of the District of Columbia, all the above-described property herein authorized to be used for street purposes being owned by the United States of America.


(Feb. 27, 1929, 45 Stat. 1341, ch. 353.)

Prior Codifications

1981 Ed., § 7-126.

1973 Ed., § 7-126.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 9–101.15. Right-of-way over Michigan Avenue to Washington Railway and Electric Company.

The Mayor of the District of Columbia is hereby authorized, upon the straightening and shortening of Michigan Avenue as provided by §§ 9-101.15 and 9-105.01 to 9-105.04, to do any and all acts which may be necessary to give the Washington Railway and Electric Company such easement or right-of-way over said Michigan Avenue as is necessary for the proper operation of the railway lines and cars of said company over said avenue as straightened and shortened by the provisions of said sections.


(Mar. 4, 1929, 45 Stat. 1545, ch. 682, § 7.)

Prior Codifications

1981 Ed., § 7-131.

1973 Ed., § 7-131.

Section References

This section is referenced in § 9-105.04.

Editor's Notes

Consolidation of transit companies: The Washington Railway and Electric Company and the Capital Traction Company were consolidated under the name of Capital Transit Company by the Act of January 14, 1933, 47 Stat. 752, ch. 10, § 1.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia. respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 9–101.16. Highway construction program authorized.

A program of construction projects to meet immediate capital needs for highways in the District is hereby authorized.


(May 18, 1954, 68 Stat. 110, ch. 218, title IV, § 401.)

Prior Codifications

1981 Ed., § 7-132.

1973 Ed., § 7-132.


§ 9–101.17. Use of land in squares 354 and 355 for Southwest Freeway and for redevelopment of Southwest area of District.

The Mayor of the District of Columbia is hereby authorized to use the land in squares 354 and 355 in the District of Columbia, and the water frontage on the Washington Channel of the Potomac River lying south of Maine Avenue between 11th and 12th Streets, including the buildings and wharves thereon, for the proposed Southwest Freeway and Washington Channel approaches thereto, and for the redevelopment of the Southwest area of the District of Columbia pursuant to authority contained in subchapter I of Chapter 3 of Title 6.


(Aug. 28, 1958, 72 Stat. 983, Pub. L. 85-821.)

Prior Codifications

1981 Ed., § 7-133.

1973 Ed., § 7-134.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 9–101.18. Authority to acquire and transfer to Secretary of the Interior real property in exchange for real property transferred to the District; payments in lieu of transfer of property.

(a) The Mayor of the District of Columbia is authorized to acquire by purchase, donation, condemnation or otherwise, real property for transfer to the Secretary of the Interior in exchange or as replacement for park, parkway, and playground lands transferred to the District of Columbia for a public purpose pursuant to § 10-111 and the Mayor is further authorized to transfer to the United States title to property so acquired.

(b) Payments are authorized to be made by the Mayor, and received by the Secretary of the Interior, in lieu of property transferred pursuant to subsection (a) of this section. The amount of such payment shall represent the cost to the Secretary of the Interior of acquiring real property suitable for replacement of the property so transferred as agreed upon between the Mayor and the head of said agency and shall be available for the acquiring of the replacement property.


(Aug. 23, 1968, 82 Stat. 828, Pub. L. 90-495, § 23(e), (f).)

Prior Codifications

1981 Ed., § 7-138.

1973 Ed., § 7-136.

Cross References

Housing redevelopment, relocation assistance, see § 6-333.01.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.