DC Code § 9-203.02 (2021)
2021 District of Columbia Code|Title 9 - Transportation Systems|Chapter 2 - Street and Alley Closing and Acquisition Procedures|Subchapter III - New Streets or Alleys|§ 9-203.02. Methods of acquisition

Any land used for the purpose of opening, extending, widening, or straightening any street, minor street, or alley pursuant to § 9-203.01 may be acquired by: (1) Purchase; (2) Condemnation pursuant to Chapter 13 of Title 16; or (3) Acceptance by the Council of a dedication of land; provided, that if the land is to be acquired for a Federal Aid Highway project, the person offering to dedicate the land must be informed of his or her right to compensation for it.  (Mar. 10, 1983, D.C. Law 4-201, § 302, 30 DCR 148.)  Prior Codifications 1981 Ed., § 7-442. Cross References Alleys and minor streets, condemnation of materials necessary to construction and repair, see § 9-1219.01. City of Georgetown, abolition, see § 1-107. Eminent domain, acquisition of excess real property for development of the seat of government, see § 16-1331 et seq. Eminent domain, condemnation proceedings, see § 16-1301 et seq. National capital housing authority, street and alley closing procedures, see § 6-10 Emergency Legislation For temporary acceptance of dedication of land located between Eckington Place, N.E., and Third Street, N.E., as a public street, see § 2(a) of the Dedication and Designation of Harry Thomas Way Emergency Act of 1998 (D.C. Act 12-579, January 12, 1999, 45 DCR 966). For acceptance of a dedication of certain land, see § 2(a) of the Dedication and Designation of Harry Thomas Way, N.E. Emergency Act of 1999 (D.C. Act 13-198, December 1, 1999, 46 DCR 10444). For acceptance of a dedication of certain land, see § 2(a) of the Dedication and Designation of Harry Thomas Way, N.E. Congressional Review Emergency Act of 2000 (D.C. Act 13-277, March 7, 2000, 47 DCR 2017). For temporary (90 day) amendment of D. C. Law 14-287, § 3, see § 2 of Removal from the Permanent System of Highways, a Portion of 22nd Street, S.E. and the Dedication of Land for Street Purposes (S.O. 00-89) Technical Emergency Amendment Act of 2004 (D.C. Act 15-461, June 23, 2004, 51 DCR 6748). For temporary (90 day) amendment of D.C. Law 14-287, § 3, see § 2 of Removal from the Permanent System of Highways, a Portion of 22nd Street, S.E. and the Dedication of Land for Street Purposes (S.O.00-89) Technical Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-516, August 2, 2004, 51 DCR 8988). For temporary (90 day) dedication, see § 3 of Closing, Dedication, and Designation of Public Streets and Alleys in Squares 5246, 5273, 5277, 5279, 5280, and 5281, S.O. 02-4088, Emergency Act of 2005 (D.C. Act 16-65, April 20, 2005, 52 DCR 4138). For temporary (90 day) acceptance of dedication, see § 3 of Closing, Dedication, and Designation of Public Streets and Alleys in Squares 5318, 5319, and 5320 Emergency Act of 2006 (D.C. Act 16-419, July 18, 2006, 53 DCR 6161). For temporary (90 day) acceptance of dedication, see § 2 of Dedication of Public Streets and Alleys in Squares 5318, 5319, and 5320 Congressional Review Emergency Act of 2006 (D.C. Act 16-497, October 23, 2006, 53 DCR 8840). For temporary (90 day) amendment of D.C. Law 15-310, see § 2(a) of Tingey Street, S.E. Right-of-Way Emergency Amendment Act of 2008 (D.C. Act 17-426, July 16, 2008, 55 DCR 8248). For temporary (90 day) amendment of section 2 of D.C. Law 15-310, see § 2(a) of Tingey Street, S.E. Right-of-Way Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-558, October 27, 2008, 55 DCR 12008). For temporary (90 day) amendment of section 2 of D.C. Law 15-310, see § 2(a) of Tingey Street, S.E. Right-of-Way Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-111, June 18, 2009, 56 DCR 4938). Temporary Legislation For temporary (225 day) acceptance of dedication, see § 2 of Dedication and Designation of Harry Thomas Way Temporary Act of 1998 (D.C. Law 12-251, April 20, 1999, law notification 46 DCR 4164). Section 2 of D.C. Law 17-240 amended section 2 of D.C. Law 15-310, in subsec. (a)(1), by substituting “provided, that the dedication of land, in fee, for street purposes of Tingey Street shall exclude the land that is located under the existing historic building known as Building 160, consisting of approximately 2,577 square feet, as such land is depicted on a certain survey, prepared by AMT, LLC, to mark and map (‘excluded land’) and recorded in the records of the Office of the Surveyor on February 25, 2008, as Map RS-126 and prepared in conjunction with a plat in Survey Book 1000 at page 203 and also known as Map No. RS-126; and, provided further, that” for “provided, that”; and by adding subsec. (c) to read as follows: “(c) Upon the effective date of the Tingey Street, S.E. Right-of-Way Emergency Amendment Act of 2008, signed by the Mayor on July 16, 2008 (D.C. Act 17-426; 55 DCR 8248), the excluded land, as described in subsection (a) (1) of this section, shall revert to and be vested in the United States of America, acting by and through the Administrator of the General Services Administration.”. Section 5(b) of D.C. Law 17-240 provided that the act shall expire after 225 days of its having taken effect. Editor's Notes Approval of new streets or alleys: Section 3 of D.C. Law 8-81 provided that the Council accepted the dedication of land for minor streets in Squares 5041 and 5056; approved the set-aside of portions of public alleys for minor streets in Squares 5041 and 5056, as shown on the Surveyor’s plat filed under S.O. 88-212; approved the set-aside of a portion of Grant Street, N.E., for Parkside Place, N.E., as shown on the Surveyor’s plat filed under S.O. 88-212; and approved the establishment of building restriction lines for minor streets in Squares 5041 and 5056, as shown on the Surveyor’s plat filed under S.O. 88-212. Approval of new streets or alleys: Section 2 of D.C. Law 8-178 provided that the Council accepts the dedication of land and approves the establishment of building restriction lines necessary to create minor streets within Lot 2 in Square 5957, as shown on the Surveyor’s plat filed under S.O. 89-276, upon the filing of certain covenants in the Recorder of Deeds Division. Section 4(b) of D.C. Law 8-178 provided that if the covenant required by § 2 of the act is not filed within 2 years of October 2, 1990, the act shall expire. Section 2 of D.C. Law 10-100 provided that the Council accepts the dedication of land in fee simple absolute of land in square 5338, for public street purposes, as shown on the surveyor’s plat filed under S.O. 86-24. Section 2 of D.C. Law 10-197 provided that the Council accepts the dedication of land and approves the establishment of building restriction lines necessary to create a minor street in Square 5969 near Mississippi Avenue, S.E., and 4th Street, S.E., as shown on the Surveyor’s plat filed under S.O. 92-124. Section 2 of D.C. Law 13-82 provided: “Pursuant to section 302(c) of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Code § 7-442(3) § 9-203.02(3), 2001 Ed.), the Council of the District of Columbia accepts the dedication of a fee simple absolute in land in Square 557 for public alley purposes, as shown on the Surveyor’s plat filed under S.O. 93-207.” Section 2 of D.C. Law 13-89 provided: “(a) Pursuant to section 302(c) of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Code § 7-442(3) § 9-203.02(3), 2001 Ed. ) (‘Act’), and notwithstanding the requirement set forth in section 304 of the Act ( D.C. Code § 7-444 § 9-203.04, 2001 Ed. ), that in any one block length, a minor street shall be 75 feet wide, the Council accepts the dedication of land necessary to create a minor street in squares 3575, 3576, 3579, 3580, 3581, 3582 and 3583 between Eckington Place, N.E., and Third Street, N.E., as shown on the Surveyor’s plat filed under S.O. 98-243. “(b) Pursuant to sections 401 and 405 of the Act ( D.C. Code §§ 7-451 and 7-455 §§ 9-204.01 and 9-204.04, 2001 Ed.), the minor street created by the dedication of land in subsection (a) of this section shall be designated ‘Harry Thomas Way, N.E.’.” Section 3 of D.C. Law 14-287, as amended by D.C. Law 15-192, § 2, Sept. 30, 2004, 51 DCR 6741, and D.C. Law 15-243, § 3, Mar. 16, 2004, 51 DCR 11231, provided: “(a) Pursuant to sections 302(c) and 304 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code §§ 9-203.02(3) and 9-203.04) (‘Act’), the Council accepts the dedication, in fee simple absolute, of the land necessary for the realignment of streets in Square 5621, bounded by T Street and 22nd Street as shown on the revised Surveyor’s plat filed under S.O. 00-89. This dedication shall be conditioned upon the applicant’s construction of a new street on the land to be dedicated and compliance with all conditions required by the District Department of Transportation, as specified in the S. O. 00-89 file. The Mayor is authorized to accept street improvements made or to be made by the applicant to the area dedication for street purposes, subject to the District Department of Transportation. “(b) Pursuant to sections 401 and 405 of the Act, the Council hereby designates the dedicated land described in subsection (a) of this section as ‘Fairlawn Court, S.E.’.” Section 2 of D.C. Law 15-29 provided: “(a) Pursuant to section 302(c) of the Street and Alley Closing and Acquisition Procedures Act of 1982 (‘Act’), effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-203.02(3)), the Council accepts the dedication, in fee simple absolute, of land necessary to create Commodore Joshua Barney Drive, N.E., Fort Lincoln Drive, N.E., and Lincoln Drive North, N.E., all in Square 4325, bounded by Bladensburg Road, N.E., South Dakota Avenue, N.E., and New York Avenue, N.E., as shown on the Surveyor’s plat filed under S.O. 00-98. “(b) Pursuant to sections 401 and 405 of the Act, the streets created by the dedication of the land referenced in subsection (a) of this section shall be designated as ‘Commodore Joshua Barney Drive, N.E.’, ‘Fort Lincoln Drive, N.E.’, and ‘Lincoln Drive North, N.E.’, as shown on the Surveyor’s plat filed under S.O. 00-98.” Section 2 of D.C. Law 15-144 provided: “Sec. 2. (a) Notwithstanding any provision of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-202.01 et seq.) (‘Act’), the Council orders the closing of the 600 block of I Street, S.E., as shown on the revised Surveyor’s plat filed under S.O. 95-251. “(b) Notwithstanding any provision of the Act, the Council accepts the dedication of land for street purposes, which is the existing functioning street that is located immediately north of and parallel to the Southeast Freeway between 6th Street, S.E., and 7th Street, S.E., and designates this street as ’Virginia Avenue, S.E.,’ as shown on the revised Surveyor’s plat filed under S.O. 95-251. Section 2 of D.C. Law 15-310, as amended by section 7 of D.C. Law 18-39, provided: “Sec. 2. (a) Pursuant to section 302 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § D.C. Official Code § 9-203.02) (‘Act’), and notwithstanding the requirements set forth in sections 303 and 304 of the Act, the Council accepts: “(1) The dedication of land in fee for street purposes from the General Services Administration of portions of New Jersey Avenue, Tingey Street, and 4th Street; provided, that the dedication of land, in fee, for street purposes of Tingey Street shall exclude the land that is located under the existing historic building known as Building 160, consisting of approximately 2,577 square feet, as such land is depicted on a certain survey, prepared by AMT, LLC, to mark and map (‘excluded land’) and recorded in the records of the Office of the Surveyor on February 25, 2008, as Map RS-126 and prepared in conjunction with a plat in Survey Book 1000 at page 203 and also known as Map No. RS-126; and, provided further, that the General Services Administration, on behalf of the United States and its successors in interests, reserves by perpetual easement the right to: “(A) Use the below-grade space of the right-of-way without charge from the District and without the requirement for public-space permits, subject to the District’s right to: “(i) Inspect the proposed plans to insure the integrity of the streets; and “(ii) Install utilities in the below-grade space; and “(B) Construct street improvements at grade, such as curb cuts and lay-bys, within the area dedicated for street purposes, pursuant to the District Department of Transportation’s standards governing such improvements; “(2) The dedication of land in fee for street purposes from JBG/SEFC Venture, L.L.C., of portions of New Jersey Avenue, Tingey Street, and 4th Street; “(3) The dedication of land by easement for public space purposes from JBG/SEFC Venture, L.L.C., of a portion of New Jersey Avenue; and “(4) The dedication of below-grade space by easement for utility purposes from JBG/SEFC Venture, L.L.C., of a portion of New Jersey Avenue. “(b) The Council’s acceptance of the dedication of land described in subsection (a) of this section is contingent upon the filing of covenants in the Land Records for the District of Columbia and the filing of the dedication plat in the Office of the Surveyor for the District of Columbia. “(c) On July 16, 2008, the excluded land, as described in subsection (a)(1) of this section, shall revert to and be vested in the United States of America, acting by and through the Administrator of the General Services Administration.” Section 3 of D.C. Law 16-5 provided: “Sec. 3. Pursuant to sections 302 and 401 of the Act, the Council accepts the dedication of the streets and alleys in Squares 5246, 5272, 5273, 5276, 5277, 5279, 5280, and 5281, as shown on the Surveyor’s plats filed under S.O. 02-4088, and dedicates the streets as extensions of 57th Street, S.E., 57th Place, S.E., and Blaine Street, N.E., as shown on the Surveyor’s plats in the S.O. File 02-4088. The approval of the Council of this dedication is contingent upon the satisfaction of all the conditions set forth in the official S.O. File 02-4088.” Section 3 of D.C. Law 16-26 provided: “Sec. 3. (a) Pursuant to sections 302(c) and 304 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code §§ 9-203.02(3) and 9-203.04) (‘Street and Alley Closing and Acquisition Procedures Act’), the Council accepts the dedication, in fee simple absolute, of the land necessary for the realignment of streets in Square 5912, as shown on the Surveyor’s plat in S.O. File 04-8736. “(b) Pursuant to section 302(c) of the Street and Alley Closing and Acquisition Procedures Act and notwithstanding the requirement set forth in section 304 that in any one block length, a minor street shall be 75 feet wide, the Council accepts the dedication of land necessary to create several minor streets and alleys in Square 5912, as shown on the Surveyor’s plat in S.O. File 04-8736. “(c) Pursuant to section 401 of the Street and Alley Closing and Acquisition Procedures Act, the minor streets created by the dedication of land in subsection (b) of this section shall be designated Tanner Place, S.E. , Anderson Place, S.E., and Cook Drive, S.E.” Section 2 of D.C. Law 16-70 provided: “Sec. 2. (a) In accordance with section 302 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-203.02), the Council accepts the dedication of land in fee for alley purposes in Square 5252, as shown on the Surveyor’s plat in the S.O. File 03-1717. “(b) The dedication of land as provided in subsection (a) of this section shall be effective upon the filing of the dedication plat in the Office of the Surveyor for the District of Columbia.” Section 2 of D.C. Law 16-180 provided: “Pursuant to section 302 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-203.02) (‘Act’), the Council approves the dedication of land for streets and alleys in Squares 5318, 5319, and 5320, in Ward 7, as shown on the Surveyor’s plats filed under S.O. 05-8132. The approval of the Council of this dedication is contingent upon the satisfaction of all the conditions set forth in the official file of S.O. 05-8132.” Section 2 of D.C. Law 17-174 provided: “Sec. 2. Pursuant to section 302(c) of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-203.02(3)) (‘Act’), and notwithstanding the requirements of section 304 of the Act (D.C. Official Code § 9-203.04), the Council accepts the dedication, in fee simple absolute, of the land necessary for street purposes and approves the establishment of a building restriction line in Square 1346, bounded by Foxhall Road, N.W., and W Street, N.W., as shown on the Surveyor’s plat filed under S.O. 06-9108. The Council’s acceptance of this dedication and building line restriction shall be contingent upon the applicant’s satisfaction of all conditions set forth in the official file S.O. 06-9108.” Section 3 of D.C. Law 18-39 provided: “Sec. 3. (a) Pursuant to sections 302 and 401 of the Act (D.C. Official Code §§ 9-203.02 and 9-204.01), and notwithstanding the requirements of section 303(a), (b), and (c)(2) and section 304 of the Act (D.C. Official Code §§ 9-203.03(a), (b), and (c)(2) and 9-203.04), the Council accepts the dedication of land as shown on the Surveyor’s plat filed under S.O. 07-8802 and designates the streets as N Street, S.E., 2nd Street, S.E., 3rd Street, S.E., 4th Street, S.E., 5th Street, S.E., Water Street, S.E., and Tingey Street, S.E., as shown on the Surveyor’s plat filed under S.O. File 07-8802. “(b) The Council’s acceptance of the dedication of land described in subsection (a) of this section is contingent upon the issuance of the written statement by the District Department of Transportation required by section 303(c)(1) of the Act (D.C. Official Code § 9-203.03(c)(1)) (‘DDOT Statement’); except, that the DDOT Statement shall not be required if the District of Columbia, acting through the District Department of Transportation, and Forest City SEFC, LLC, have executed an agreement governing the acceptance and dedication of street improvements in the Southeast Federal Center and the agreement is in full force and effect. “(c) Nothing in this section shall be deemed to waive any laws, regulations, rules, or orders that are applicable to the construction of improvements on the land dedicated pursuant to this section.” Section 2 of D.C. Law 18-68 provided: “Sec. 2. Pursuant to section 302(c) of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-203.02(3)) (‘Act’), and notwithstanding the requirements of section 304 of the Act (D.C. Official Code § 9-203.04), the Council accepts the dedication, in fee simple absolute, of the land necessary for street and alley purposes as shown on the Surveyor’s Plat filed under S.O. 07-3090.”