reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 3 - Civil Asset Forfeiture › § 41–305. Contesting forfeiture

§ 41–305. Contesting forfeiture.
(a) An owner may contest the seizure and forfeiture of the property by filing a claim with the District stating his or her interest in the property and intent to contest forfeiture. When filing a claim, the owner may also request interim release of the property or a portion of the property. The owner may request interim release of the property or of a portion of the property at any time before the District files a libel of information under § 41-307.
(b)(1) For purposes of making a claim of interest and intent to contest forfeiture pursuant to subsection (a) of this section, the owner shall be required to assert his or her claim under penalty of perjury. Neither a notarized statement nor additional documentary proof shall be required to make a claim. The owner filing the form provided pursuant to § 41-304(a)(2)(D), when signed by the owner under penalty of perjury, shall suffice to make a claim of interest and intent under this section.
(2) A claim of interest and intent filed pursuant to subsection (a) of this section must be made within 90 days after the owner of the seized property receives notice of the seizure pursuant to § 41-304.
(c)(1) If the District has on file a return receipt or a sworn document by the District indicating that the owner has received notice as required by § 41-304 and the owner has not filed a claim under § 41-304 within 90 days after the receipt of the notice, the District does not need to file a libel of information as required by § 41-307, but shall determine pursuant to this chapter whether the property is forfeitable and determine whether the forfeiture is proportional to the seriousness of the violation of District law that gave rise to the forfeiture.
(2) If the District determines that the property is forfeitable, the District shall declare the property forfeited and shall dispose of the property in accordance with § 41-310.
(3) If the District determines that the seized property, or a portion of the seized property, is not forfeitable, the District shall return the property, or, if applicable, the portion of the property, to its owner as soon as practicable.
(d)(1) If the District does not have on file a return receipt or a sworn document by the District indicating that the owner has received notice as required by § 41-304 within 180 days after the seizure if the property was not subject to an evidentiary hold or within 180 days after receiving written notice from the prosecutorial authority that the property will not be needed as evidence in a criminal case if the property was subject to an evidentiary hold, the District shall not pursue forfeiture.
(2) If the District is precluded from pursuing forfeiture pursuant to this subsection, the custody of the property, notification, and release to the owner or disposition by the District of the seized property shall be pursuant to §§ 5-119.01 through 5-119.10 and §§ 5-119.12 through 5-119.19, and § 5-119.11.
(June 16, 2015, D.C. Law 20-278, § 105, 62 DCR 1920.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 3 - Civil Asset Forfeiture › § 41–307. Libel of information

§ 41–307. Libel of information.
(a) If the owner of a seized property makes a claim contesting the seizure pursuant to §  41-305, the District shall return the property to the owner or file a libel of information seeking forfeiture of the property in Court.
(b)(1) If the owner is not in possession of all of the seized property, the District shall file a libel of information not later than 60 days after the owner has made a claim pursuant to §  41-305.
(2) If the owner is in possession of all of the seized property, the District shall file a libel of information not later than 90 days after the owner has made a claim pursuant to §  41-305.
(3) The Court may grant an extension of the time limits set forth in paragraphs (1) and (2) of this subsection upon a showing of good cause particular to the circumstances of the case or upon agreement by the parties.
(c) The District shall include in the libel of information a declaration, and any supporting documentation, to establish that the libel of information has been filed in accordance with the requirements of subsection (b) of this section.
(d) A libel of information seeking forfeiture is barred if it is not filed in accordance with the timing requirements set forth in subsection (b) of this section.
(e) If the property the District seeks to forfeit is real property, the District shall file a notice of the proceeding with the Recorder of Deeds within 10 business days after the libel of information is filed. The notice shall include the legal description of the property and indicate that civil forfeiture is being sought. The Recorder of Deeds shall record the notice against the title of any real property for which civil forfeiture is being sought. Upon resolution of the forfeiture proceeding, the District shall file with the Recorder of Deeds the disposition of the civil forfeiture action within 10 business days after the disposition.
(June 16, 2015, D.C. Law 20-278, § 107, 62 DCR 1920.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 3 - Civil Asset Forfeiture › § 41–309. Return of property

§ 41–309. Return of property.
(a) Property that is returnable under this chapter shall be returned to the owner.
(b) The owner shall acknowledge receipt and possession of each item of returnable property by reference to the specific property identification number assigned to the item pursuant to §  41-303(b)(1)(C). No receipt of acknowledgement shall be valid until the owner has viewed the item and confirmed that it is the item seized and returnable and that any returnable items contained within the item are also present and being returned.
(c)(1) No later than 6 months after the property is returned to the owner, the owner of returned property may make a claim against the District for:
(A) Total loss of property caused by the intentional or negligent conduct of the District or its employees;
(B) Any damage caused by the intentional or grossly negligent conduct of the District or its employees; provided, that wear and tear, decay, corrosion, act or omission of a third party other than employee of the District, or act of God shall not be subject to this subparagraph; or
(C) In the case of property disposed of pursuant to §  41-303(e)(1), the difference between the sale proceeds or compensation for disposal and the fair market value of the property at the time of seizure.
(2) For the purposes of paragraph (1)(B) of this subsection, the term “grossly negligent” shall have the same meaning as the term “gross negligence” as defined in § 5-119.11.
(3) For the purposes of § 12-309, damages are sustained on the date the property is returned to the owner.
(d) When the owner acknowledges receipt and possession of returnable property pursuant to subsection (b) of this section, the District shall provide written explanation of the requirements, procedures, and deadlines to make a claim pursuant to subsection (c) of this section.
(June 16, 2015, D.C. Law 20-278, § 109, 62 DCR 1920.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 3 - Civil Asset Forfeiture › § 41–310. Disposal of forfeited property

§ 41–310. Disposal of forfeited property.
(a) When property is declared forfeited pursuant to §  41-305(c) or §  41-308, the District shall:
(1) Sell property that is not required by law to be destroyed and that is not harmful to the public or dispose of the property in a manner consistent with District law or, consistent with §  41-313, return the property, or the sale proceeds, to the owner;
(2) Deposit in the General Fund of the District of Columbia any currency and any proceeds from the sale of property pursuant to paragraph (1) of this subsection; and
(3) Beginning October 1, 2018, deposit in the General Fund of the District of Columbia the currency and sale proceeds received by a District agency from any state or federal agency pursuant to a multiple-jurisdiction or shared forfeiture program.
(b) The law enforcement agency that seized property forfeited under this chapter may not retain the property for its own use or sell it directly or indirectly to an employee of the agency, to a relative of an employee, or to another law enforcement agency; provided, that nothing in this section shall prohibit an employee of the law enforcement agency or relative of an employee of the law enforcement agency from purchasing property offered for sale at a public auction.
(June 16, 2015, D.C. Law 20-278, § 110, 62 DCR 1920.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 3 - Civil Asset Forfeiture › § 41–311. Prohibition on adoptive seizures

§ 41–311. Prohibition on adoptive seizures.
Beginning October 1, 2018, the District shall not refer seized property to a federal agency seeking the adoption by the federal agency of the seized property. Nothing in this chapter shall be construed to prohibit the federal government, or any of its agencies, from seeking federal forfeiture.
(June 16, 2015, D.C. Law 20-278, § 111, 62 DCR 1920.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 3 - Civil Asset Forfeiture › § 41–312. Reporting requirements

§ 41–312. Reporting requirements.
By January 1, 2016, and on an annual basis thereafter, the Metropolitan Police Department and the Office of the Attorney General shall file with the Council of the District of Columbia and publish on their websites a report providing the following information for the preceding year:
(1) The number of seizures and the number of forfeitures, by type of property seized;
(2) The total quantity of each type of property seized and of each type of property forfeited;
(3) The number of seizures and the number of forfeitures by type of asserted violation of District law that gave rise to the seizure or forfeiture;
(4) The number of libels of information that were filed under §  41-307, by outcome;
(5) The number of times the District exercised its authority pursuant to §  41-305(c) and determined the property to be forfeitable and the number of times the District determined the property was not forfeitable;
(6) The number of seizures where the District either did not file a libel of information pursuant to §  41-307 or withdrew a libel of information, excluding seizures where the District had the authority to determine forfeitures pursuant to §  41-305(c);
(7) The number of settlements reached between the District and an owner, pursuant to §  41-306(d);
(8) Amount of currency received from forfeiture listed separately according to the provision of the District of Columbia law that gave rise to the forfeiture;
(9) Gross and net proceeds received from forfeiture, listed separately according to the provision of District law giving rise to the forfeiture;
(10) By type of property, the number of seized items determined to be returnable for which the District does not have on file a receipt of return as required by §  41-309(b); and
(11) The total quantity of each type of property seized for forfeiture that the District treated as abandoned under §§  5-119.01 through 5-119.10 and §§  5-119.12 through 5-119.19, and §  5-119.11.
(June 16, 2015, D.C. Law 20-278, § 112, 62 DCR 1920.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 3 - Civil Asset Forfeiture › § 41–313. Remission or mitigation

§ 41–313. Remission or mitigation.
(a) Whenever an owner files with the Mayor, either before or after the sale or disposition of property pursuant to §  41-310, a petition for remission or mitigation of the forfeiture, the Mayor shall consider the petition and, if the Mayor finds that mitigating circumstances so justify, shall remit or mitigate the forfeiture upon the terms and conditions as the Mayor deems reasonable.
(b) The Mayor shall consider as a mitigating circumstance whether the forfeiture of property was proportional to the seriousness of the asserted violation of District law that gave rise to forfeiture, considering the factors set forth in §  41-308(e)(2).
(June 16, 2015, D.C. Law 20-278, § 113, 62 DCR 1920.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 3 - Civil Asset Forfeiture › § 41–314. Rule of lenity; construction

§ 41–314. Rule of lenity; construction.
(a) Any ambiguities in this chapter relating to the District taking property through forfeiture shall be resolved in favor of the owner.
(b) Nothing in this chapter shall be construed to prohibit law enforcement from seizing and retaining property as evidence in a criminal case.
(June 16, 2015, D.C. Law 20-278, § 114, 62 DCR 1920.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 3 - Civil Asset Forfeiture › § 41–315. Rules

§ 41–315. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter.
(June 16, 2015, D.C. Law 20-278, § 115, 62 DCR 1920.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter I - General › Part A - Acknowledgments of Deeds › § 42–101. No acknowledgment of deed by attorney. [Repealed]

§ 42–101. No acknowledgment of deed by attorney. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1268, ch. 854, § 498; Apr. 27, 1994, D.C. Law 10-110, § 2(b), 41 DCR 1023; Feb. 23, 2023, D.C. Law 24-236, § 3(a), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 45-601.
1973 Ed., § 45-401.
Section References
This section is referenced in § 21-2101, § 21-2104, § 42-401, and § 42-404.
Cross References
Construction of general power of attorney relating to real property transactions, see § 21-2104.
Effective date of deeds, see § 42-401.
Failures in formal requisites of an instrument, fraudulent acts, see § 42-404.
Statutory form of power of attorney, authorized real property transactions, see § 21-2101.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter I - General › Part B - Acknowledgment in U.S. Territories › § 42–111. Acknowledgments in Guam, Samoa, and Canal Zone

§ 42–111. Acknowledgments in Guam, Samoa, and Canal Zone.
Deeds and other instruments affecting land situate in the District of Columbia may be acknowledged in the islands of Guam and Samoa or in the Canal Zone before any notary public or judge, appointed therein by proper authority, or by any officer therein who has ex officio the powers of a notary public; provided, that the certificate by such notary in Guam, Samoa, or the Canal Zone, as the case may be, shall be accompanied by the certificate of the governor or acting governor of such place to the effect that the notary taking said acknowledgment was in fact the officer he purported to be; and any deeds or other instruments affecting lands so situate, so acknowledged since the 1st day of January, 1905, and accompanied by such certificate shall have the same effect as such deeds or other instruments hereafter so acknowledged and certified.
(June 28, 1906, 34 Stat. 552, ch. 3585.)
Prior Codifications
1981 Ed., § 45-605.
1973 Ed., § 45-405.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter I - General › Part B - Acknowledgment in U.S. Territories › § 42–112. Acknowledgments in Philippine Islands and Puerto Rico

§ 42–112. Acknowledgments in Philippine Islands and Puerto Rico.
Deeds and other instruments affecting land situate in the District of Columbia may be acknowledged in the Philippine Islands and Puerto Rico before any notary public appointed therein by proper authority, or any officer therein who has ex officio the powers of a notary public; provided, that the certificate by such notary in the Philippine Islands or in Puerto Rico, as the case may be, shall be accompanied by the certificate of the Executive Secretary of Puerto Rico, or the Governor or Attorney General of the Philippine Islands to the effect that the notary taking said acknowledgment was in fact the officer he purported to be.
(Mar. 22, 1902, 32 Stat. 88, ch. 273; Mar. 2, 1917, 39 Stat. 968, ch. 145, § 54; May 17, 1932, 47 Stat. 158, ch. 190.)
Prior Codifications
1981 Ed., § 45-606.
1973 Ed., § 45-406.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter I - General › Part C - Repealed Provisions › § 42–121. Manner of acknowledgment; form of certificate [Repealed]

§ 42–121. Manner of acknowledgment; form of certificate [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-205, § 12(a), 37 DCR 8444.)
Prior Codifications
1981 Ed., §§ 45-602 to 45-604.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter I - General › Part C - Repealed Provisions › § 42–122. Acknowledgment out of District [Repealed]

§ 42–122. Acknowledgment out of District [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-205, § 12(a), 37 DCR 8444.)
Prior Codifications
1981 Ed., §§ 45-602 to 45-604.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter I - General › Part C - Repealed Provisions › § 42–123. Acknowledgment in foreign country [Repealed]

§ 42–123. Acknowledgment in foreign country [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-205, § 12(a), 37 DCR 8444.)
Prior Codifications
1981 Ed., §§ 45-602 to 45-604.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter I - General › Part C - Repealed Provisions › § 42–124. Certain defective acknowledgments prior to March 3, 1879, validated. [Repealed]

§ 42–124. Certain defective acknowledgments prior to March 3, 1879, validated. [Repealed]
Repealed.
(Apr. 24, 1994, D.C. Law 10-110, § 4, 41 DCR 1023.)
Prior Codifications
1981 Ed., § 45-607.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter I - General › Part C - Repealed Provisions › § 42–125. Certain defective deeds and acknowledgments prior to January 1, 1969, validated [Repealed]

§ 42–125. Certain defective deeds and acknowledgments prior to January 1, 1969, validated [Repealed]
Repealed.
(Apr. 24, 1994, D.C. Law 10-110, § 4, 41 DCR 1023.)
Prior Codifications
1981 Ed., §§  45-608 to 45-612.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter I - General › Part C - Repealed Provisions › § 42–126. Acknowledgments by married women — prior to April 10, 1869 [Repealed]

§ 42–126. Acknowledgments by married women — prior to April 10, 1869 [Repealed]
Repealed.
(Apr. 24, 1994, D.C. Law 10-110, § 4, 41 DCR 1023.)
Prior Codifications
1981 Ed., §§  45-608 to 45-612.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter I - General › Part C - Repealed Provisions › § 42–127. Acknowledgments by married women — when validates defective power of attorney [Repealed]

§ 42–127. Acknowledgments by married women — when validates defective power of attorney [Repealed]
Repealed.
(Apr. 24, 1994, D.C. Law 10-110, § 4, 41 DCR 1023.)
Prior Codifications
1981 Ed., §§  45-608 to 45-612.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter I - General › Part C - Repealed Provisions › § 42–128. Validation of deeds made without acknowledgment prior to January 1, 1902 [Repealed]

§ 42–128. Validation of deeds made without acknowledgment prior to January 1, 1902 [Repealed]
Repealed.
(Apr. 24, 1994, D.C. Law 10-110, § 4, 41 DCR 1023.)
Prior Codifications
1981 Ed., §§  45-608 to 45-612.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter I - General › Part C - Repealed Provisions › § 42–129. Acts of Congress and Acts of Maryland cumulative as to deeds prior to January 1, 1902 [Repealed]

§ 42–129. Acts of Congress and Acts of Maryland cumulative as to deeds prior to January 1, 1902 [Repealed]
Repealed.
(Apr. 24, 1994, D.C. Law 10-110, § 4, 41 DCR 1023.)
Prior Codifications
1981 Ed., §§  45-608 to 45-612.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter II - Uniform Notarial Acts. [Repealed] [Repealed] › § 42–141. Definitions. [Repealed]

§ 42–141. Definitions. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-205, § 2, 37 DCR 8444; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)
Prior Codifications
1981 Ed., § 45-621.
Editor's Notes
For Revised Uniform Law on Notarial Acts, see Chapter 12A of Title 1.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter II - Uniform Notarial Acts. [Repealed] [Repealed] › § 42–142. Notarial acts. [Repealed]

§ 42–142. Notarial acts. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-205, § 3, 37 DCR 8444; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)
Prior Codifications
1981 Ed., § 45-622.
Section References
This section is referenced in § 42-147.
Editor's Notes
Uniform Law: This section is based upon § 2 of the Uniform Law on Notarial Acts.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter II - Uniform Notarial Acts. [Repealed] [Repealed] › § 42–143. Notarial acts in the District. [Repealed]

§ 42–143. Notarial acts in the District. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-205, § 4, 37 DCR 8444; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)
Prior Codifications
1981 Ed., § 45-623.
Editor's Notes
Uniform Law: This section is based upon § 3 of the Uniform Law on Notarial Acts.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter II - Uniform Notarial Acts. [Repealed] [Repealed] › § 42–144. Notarial acts in other jurisdictions of the United States. [Repealed]

§ 42–144. Notarial acts in other jurisdictions of the United States. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-205, § 5, 37 DCR 8444; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)
Prior Codifications
1981 Ed., § 45-624.
Editor's Notes
Uniform Law: This section is based upon § 4 of the Uniform Law on Notarial Acts.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter II - Uniform Notarial Acts. [Repealed] [Repealed] › § 42–145. Notarial acts under federal authority. [Repealed]

§ 42–145. Notarial acts under federal authority. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-205, § 6, 37 DCR 8444; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)
Prior Codifications
1981 Ed., § 45-625.
Section References
This section is referenced in § 42-143 and § 42-144.
Editor's Notes
Uniform Law: This section is based upon § 5 of the Uniform Law on Notarial Acts.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter II - Uniform Notarial Acts. [Repealed] [Repealed] › § 42–146. Foreign notarial acts. [Repealed]

§ 42–146. Foreign notarial acts. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-205, § 7, 37 DCR 8444; Feb. 5, 1994, D.C. Law 10-68, § 36, 40 DCR 6311; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)
Prior Codifications
1981 Ed., § 45-626.
Editor's Notes
Uniform Law: This section is based upon § 6 of the Uniform Law on Notarial Acts.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter II - Uniform Notarial Acts. [Repealed] [Repealed] › § 42–147. Certificate of notarial acts. [Repealed]

§ 42–147. Certificate of notarial acts. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-205, § 8, 37 DCR 8444; Dec. 10, 1991, D.C. Law 9-52, § 2(a), 38 DCR 6585; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)
Prior Codifications
1981 Ed., § 45-627.
Section References
This section is referenced in § 42-148.
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(a) of Uniform Law on Notarial Acts Temporary Amendment Act of 1991 (D.C. Law 9-9, July 13, 1991, law notification 38 DCR 4812).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 1 - Acknowledgments › Subchapter II - Uniform Notarial Acts. [Repealed] [Repealed] › § 42–148. Short forms. [Repealed]

§ 42–148. Short forms. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-205, § 9, 37 DCR 8444; Dec. 10, 1991, D.C. Law 9-52, § 2(b), 38 DCR 6585; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)
Prior Codifications
1981 Ed., § 45-628.
Section References
This section is referenced in § 42-147.
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(b) of Uniform Law on Notarial Acts Temporary Amendment Act of 1991 (D.C. Law 9-9, July 13, 1991, law notification 38 DCR 4812).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 2 - Conservation Easements › § 42–201. Definitions

§ 42–201. Definitions.
For the purposes of this chapter, the term:
(1) “Conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, ensuring its availability for agricultural, forestal, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.
(2) “Holder” means 1 of the following:
(A) A governmental body empowered to hold an interest in real property under the laws of the District of Columbia or the United States; or
(B) A charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property, ensuring the availability of real property for agricultural, forestal, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.
(3) “Third-party right of enforcement” means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.
(May 16, 1986, D.C. Law 6-113, § 2, 33 DCR 1996.)
Prior Codifications
1981 Ed., § 45-2601.
Section References
This section is referenced in § 42-202.
Editor's Notes
Community Development Block Grant Program: Pursuant to Resolution 6-768, the “Community Development Block Grant Program Resolution of 1986,” effective July 8, 1986, the Council authorized the Mayor to revise the proposed final statement to include the homestead housing preservation program as an activity to permit the use of CDBG funds for initial program staff, approved the revised final statement, and authorized the Mayor to submit the revised final statement to HUD.
Uniform Law: This section is based upon § 1 of the Uniform Conservation Easement Act.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 2 - Conservation Easements › § 42–202. Exemption from recordation and transfer tax

§ 42–202. Exemption from recordation and transfer tax.
(a)(1) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements, provided that the recordation of any conservation easement as defined in § 42-201, or of any assignment, release, modification, termination, or other alteration of a conservation easement shall be exempt from the recordation tax imposed by § 42-1103, and from the transfer tax imposed by § 47-903.
(2) The exemption provided for in paragraph (1) of this subsection shall not apply if the consideration for the conservation easement exceeds $100 in value.
(b) No right or duty in favor of or against a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.
(c) Except as provided in § 42-203(b), a conservation easement is unlimited in duration unless the instrument creating it otherwise provides.
(d) An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.
(e) A conservation easement is valid even under the following circumstances:
(1) It is not appurtenant to an interest in real property;
(2) It can be or has been assigned to another holder;
(3) It is not of a character that has been recognized traditionally at common law;
(4) It imposes a negative burden;
(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(6) The benefit does not touch or concern real property; or
(7) There is no privity of estate or of contract.
(May 16, 1986, D.C. Law 6-113, § 3, 33 DCR 1996; Apr. 30, 1988, D.C. Law 7-104, § 25, 35 DCR 147.)
Prior Codifications
1981 Ed., § 45-2602.
Cross References
Tax on deeds, imposition and return, see § 42-1103.
Editor's Notes
Uniform Law: This section is based upon §§ 2 and 4 of the Uniform Conservation Easement Act.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 2 - Conservation Easements › § 42–202.01. Rights of the holder of a conservation easement

§ 42–202.01. Rights of the holder of a conservation easement.
Whenever a recorded conservation easement has been registered with the Mayor, written consent of the holder of the registered and recorded conservation easement shall be required prior to the recordation of a subdivision by the Office of the Surveyor, and to the issuance of a permit for construction, demolition, alteration, or repair, except solely for interior work. With respect to the affected property, a conservation easement shall be deemed registered with the Mayor 10 days after proof of a recorded conservation easement is presented to the Historic Preservation Division of the Building and Land Regulation Administration, Department of Buildings.
(May 16, 1986, D.C. Law 6-113, § 3a; as added Mar. 17, 1993, D.C. Law 9-233, § 2, 40 DCR 603; Apr. 5, 2021, D.C. Law 23-269, § 501(u), 68 DCR 001490.)
Prior Codifications
1981 Ed., § 45-2602.1.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 2 - Conservation Easements › § 42–203. Persons who may bring actions

§ 42–203. Persons who may bring actions.
(a) An action affecting a conservation easement may be brought by 1 of the following:
(1) An owner of an interest in the real property burdened by the easement;
(2) A holder of the easement;
(3) A person having a third-party right of enforcement; or
(4) A person authorized by other law.
(b) This chapter does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.
(May 16, 1986, D.C. Law 6-113, § 4, 33 DCR 1996.)
Prior Codifications
1981 Ed., § 45-2603.
Section References
This section is referenced in § 42-202.
Editor's Notes
Uniform Law: This section is based upon § 3 of the Uniform Conservation Easement Act.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 2 - Conservation Easements › § 42–204. Affected interests

§ 42–204. Affected interests.
(a) This chapter applies to any interest created after May 16, 1986, which complies with this chapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise.
(b) This chapter applies to any interest created before May 16, 1986, if it would have been enforceable had it been created after May 16, 1986, unless retroactive application contravenes the laws of the District of Columbia or the United States.
(c) This chapter does not invalidate any interest, whether designated as a conservation or preservation easement, a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other law of the District of Columbia.
(d) Repealed.
(e)(1) The deduction of a qualified conservation contribution as claimed under section 170 of the Internal Revenue Code of 1986 [26 U.S.C. § 170] shall be allowed under § 47-1803.03.
(2) The conservation easement shall qualify as a qualified conservation contribution notwithstanding the inclusion of a provision in the easement that permits the creation of a lien on behalf of the holder of a conservation easement for the purposes of enforcing the easement, which lien does not have precedence over other lienholders, mortgagees, or holders of a deed of trust.
(3) This subsection shall apply to all instruments recorded at the Recorder of Deeds.
(May 16, 1986, D.C. Law 6-113, § 5, 33 DCR 1996; Oct. 1, 2002, D.C. Law 14-190, § 902, 49 DCR 6968; Apr. 4, 2003, D.C. Law 14-282, §§ 12, 13, 50 DCR 896.)
Prior Codifications
1981 Ed., § 45-2604.
Effect of Amendments
D.C. Law 14-190 added subsec. (d).
D.C. Law 14-282 repealed subsec. (d); and added subsec. (e).
Emergency Legislation
For temporary (90 day) amendment of section, see § 902 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
For temporary (90 day) amendment of section, see § 13 of Tax Clarity and Related Amendments Emergency Act of 2002 (D.C. Act 14-456, July 23, 2002, 49 DCR 8107).
For temporary (90 day) amendment of section, see §§ 13(a) and 14 of Tax Clarity and Related Amendments Congressional Review Emergency Act of 2002 (D.C. Act 14-510, October 23, 2002, 49 DCR 10247).
Temporary Legislation
For temporary (225 day) amendment of section, see § 14 of the Tax Clarity and Related Amendments Temporary Act of 2002 (D.C. Law 14-228, Mar. 25, 2003, law notification 50 DCR 2741).
Short Title
Short title of title IX of Law 14-190: Section 901 of D.C. Law 14-190 provided that title IX of the act may be cited as the Conservation Easement Deed of Gift Clarification Amendment Act of 2002. This title was repealed by D.C. Law 14-282.
References in Text
Section 170 of the Internal Revenue Code of 1986, referred to in subsec. (e), is classified to 26 U.S.C. § 170.
Editor's Notes
Uniform Law: This section is based upon § 5 of the Uniform Conservation Easement Act.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 2 - Conservation Easements › § 42–205. Application and construction of chapter

§ 42–205. Application and construction of chapter.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the chapter among states enacting it.
(May 16, 1986, D.C. Law 6-113, § 6, 33 DCR 1996.)
Prior Codifications
1981 Ed., § 45-2605.
Editor's Notes
Uniform Law: This section is based upon § 6 of the Uniform Conservation Easement Act.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 3 - Conveyable Estates and Methods of Conveyance › § 42–301. Present or future and vested or contingent interests conveyed by deed or will

§ 42–301. Present or future and vested or contingent interests conveyed by deed or will.
Any interest in or claim to real estate whether entitling to present or future possession and enjoyment, and whether vested or contingent, may be disposed of by deed or will, and any estate which would be good as an executory devise may be created by deed.
(Mar. 3, 1901, 31 Stat. 1269, ch. 854, § 512; June 30, 1902, 32 Stat. 532, ch. 1329.)
Prior Codifications
1981 Ed., § 45-301.
1973 Ed., § 45-101.
Cross References
Statute of frauds, see §§ 28-3501 and 28-3503.
Editor's Notes
Severance of joint tenancies: This section and § 42-305 do not supersede the common law rule authorizing the unilateral severance of joint tenancies. Estate of Gulledge, App. D.C., 673 A.2d 1278 (1996).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 3 - Conveyable Estates and Methods of Conveyance › § 42–302. Perpetuities — Charitable uses excepted. [Repealed]

§ 42–302. Perpetuities — Charitable uses excepted. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1351, ch. 854, § 1023; Apr. 27, 2001, D.C. Law 13-292, § 403, 48 DCR 2087.)
Prior Codifications
1981 Ed., § 45-302.
1973 Ed., § 45-102.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 3 - Conveyable Estates and Methods of Conveyance › § 42–303. Perpetuities—Chattels real. [Repealed]

§ 42–303. Perpetuities—Chattels real. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1351, ch. 854, § 1024; Apr. 27, 2001, D.C. Law 13-292, § 403, 48 DCR 2087.)
Prior Codifications
1981 Ed., § 45-303.
1973 Ed., § 45-103.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 3 - Conveyable Estates and Methods of Conveyance › § 42–304. Perpetuities—Effect upon estates created by deed or will. [Repealed]

§ 42–304. Perpetuities—Effect upon estates created by deed or will. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1351, ch. 854, § 1025; Apr. 27, 2001, D.C. Law 13-292, § 403, 48 DCR 2087.)
Prior Codifications
1981 Ed., § 45-304.
1973 Ed., § 45-104.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 3 - Conveyable Estates and Methods of Conveyance › § 42–305. Title conveyable by anyone claiming such

§ 42–305. Title conveyable by anyone claiming such.
Any person claiming title to land may convey his interest in the same, notwithstanding there may be an adverse possession thereof.
(Mar. 3, 1901, 31 Stat. 1269, ch. 854, § 513.)
Prior Codifications
1981 Ed., § 45-305.
1973 Ed., § 45-105.
Editor's Notes
Severance of joint tenancies: This section and § 42-301 do not supersede the common law rule authorizing the unilateral severance of joint tenancies. Estate of Gulledge, App. D.C., 673 A.2d 1278 (1996).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 3 - Conveyable Estates and Methods of Conveyance › § 42–306. Deed or will necessary for more than one-year term or for limitation upon such

§ 42–306. Deed or will necessary for more than one-year term or for limitation upon such.
(a) For the purposes of this section, “commercial lease” means a lease for nonresidential real property.
(b) Except as provided in subsection (c) of this section, no estate of inheritance, or for life, or for a longer term than 1 year, in any real property, corporeal or incorporeal, in the District of Columbia, or any declaration or limitation of uses in the same, for any of the estates mentioned, shall be created or take effect, except by deed signed and sealed by the grantor, lessor, or declarant, in person or by power of attorney or by will.
(c) Commercial leases for a longer term than 1 year in any real property in the District of Columbia may be signed on behalf of the owner of real property by an authorized agent.
(Mar. 3, 1901, 31 Stat. 1267, ch. 854, § 492; June 30, 1902, 32 Stat. 531, ch. 1329; June 11, 1992, D.C. Law 9-116, § 2, 39 DCR 3186; Apr. 27, 1994, D.C. Law 10-110, § 2(a), 41 DCR 1023.)
Prior Codifications
1981 Ed., § 45-306.
1973 Ed., § 45-106.
Section References
This section is referenced in § 42-401.
Cross References
Effective date of deeds, see § 42-401.
Statute of frauds, see §§ 28-3501, 28-3503.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 3 - Conveyable Estates and Methods of Conveyance › § 42–307. Perpetuities; pensions and employee trusts excepted. [Repealed]

§ 42–307. Perpetuities; pensions and employee trusts excepted. [Repealed]
Repealed.
(Aug. 25, 1959, 73 Stat. 428, Pub. L. 86-201, § 1; Apr. 27, 2001, D.C. Law 13-292, § 403, 48 DCR 2087.)
Prior Codifications
1981 Ed., § 45-307.
1973 Ed., § 45-107.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 4 - Deed Effective and Recordation Dates › § 42–401. Effective date of deeds; exception

§ 42–401. Effective date of deeds; exception.
Any deed conveying real property in the District, or interest therein, or declaring or limiting any use or trust thereof, executed and acknowledged and certified as provided in §§ 42-602 and 42-306, and Chapter 12A of Title 1, and delivered to the person in whose favor the same is executed shall be held to take effect from the date of the delivery; except, that as to creditors and subsequent bona fide purchasers and mortgagees without notice of said deed, and others interested in the property, it shall only take effect from the time of its delivery to the Recorder of Deeds for record.
(Apr. 29, 1878, 20 Stat. 39, ch. 69; Mar. 3, 1901, 31 Stat. 1268, ch. 854, § 499; June 30, 1902, 32 Stat. 531, ch. 1329; Sept. 21, 2022, D.C. Law 24-178, § 3(a), 69 DCR 009927; Feb. 23, 2023, D.C. Law 24-236, § 3(b), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 45-801.
1973 Ed., § 45-501.
Section References
This section is referenced in § 42-2002.
Cross References
Horizontal property regimes, record defined, see § 42-2002.
Recording instrument by one who has no color of title, penalties, see § 22-1402.
References in Text
Sections 42-121 to 42-123, referred to in this section, were repealed March 6, 1991, by § 12(a) of D.C. Law 8-205.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 4 - Deed Effective and Recordation Dates › § 42–402. Defective grants recorded before April 27, 1994

§ 42–402. Defective grants recorded before April 27, 1994.
(a) Any instrument recorded in the Office of the Recorder of Deeds before April 27, 1994, shall be effective notwithstanding the existence of 1 or more of the failures in the formal requisites listed in § 42-404, unless the failure was challenged in a judicial proceeding commenced within 6 months from April 27, 1994.
(b) Nothing in this section shall affect the validity of instruments recorded before April 27, 1994, which have been validated by prior law.
(Mar. 3, 1901, ch. 854, § 499a; as added Apr. 27, 1994, D.C. Law 10-110, § 2(e), 41 DCR 1023.)
Prior Codifications
1981 Ed., § 45-801.1.
Section References
This section is referenced in § 42-404.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 4 - Deed Effective and Recordation Dates › § 42–403. Defective grants recorded on or after the effective date of the Revised Uniform Law on Notarial Acts Amendment Act of 2022

§ 42–403. Defective grants recorded on or after the effective date of the Revised Uniform Law on Notarial Acts Amendment Act of 2022.
Any instrument recorded in the Office of the Recorder of Deeds on or after September 21, 2022 shall be effective notwithstanding the existence of any failures in the formal requisites listed in § 42-404.
(Mar. 3, 1901, ch. 854, § 499b; as added Apr. 27, 1994, D.C. Law 10-110, § 2(f), 41 DCR 1023; Sept. 21, 2022, D.C. Law 24-178, § 3(b), 69 DCR 009927.)
Prior Codifications
1981 Ed., § 45-801.2.
Section References
This section is referenced in § 42-404.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 4 - Deed Effective and Recordation Dates › § 42–404. Failures in formal requisites of an instrument

§ 42–404. Failures in formal requisites of an instrument.
(a) The failures in the formal requisites of an instrument that may be cured by this act are:
(1) An omission of an acknowledgment, defective or improper acknowledgment, or any failure to meet a requirement in the taking of an acknowledgment;
(2) A failure to attach a clerk’s certificate;
(3) An omission of a notary seal or other seal; or
(4) An omission of an attestation.
(b) Nothing in this act shall be construed to eliminate the requirement that a deed be under seal. Any deed accepted for recordation without a seal but made effective by operation of this act shall be deemed a sealed instrument.
(c) Nothing in this act shall be construed to validate any instrument with respect to which there was any misrepresentation, fraudulent act, or illegal provision in connection with its execution or acknowledgment.
(d) Any person convicted of a fraudulent act, in connection with the validation of any instrument under §§ 42-402, 42-403, and 42-602 shall be subject to the penalties set forth in § 22-3222.
(Mar. 3, 1901, ch. 854, § 499c; as added Apr. 27, 1994, D.C. Law 10-110, § 2(g), 41 DCR 1023; Sept. 21, 2022, D.C. Law 24-178, § 3(c), 69 DCR 009927; Feb. 23, 2023, D.C. Law 24-236, § 3(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 45-801.3.
Section References
This section is referenced in § 42-402 and § 42-403.
References in Text
“This act,” referred to in subsections (a) and (b) of this section, is the Act of March 3, 1901, ch. 854. The Act of March 3, 1901 enacted a code of laws for the District of Columbia.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 4 - Deed Effective and Recordation Dates › § 42–406. First recorded deed preferred

§ 42–406. First recorded deed preferred.
When 2 or more deeds of the same property are made to bona fide purchasers for value without notice, the deed or deeds which are first recorded according to law shall be preferred.
(Mar. 3, 1901, 31 Stat. 1268, ch. 854, § 500.)
Prior Codifications
1981 Ed., § 45-802.
1973 Ed., § 45-502.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 4 - Deed Effective and Recordation Dates › § 42–408. Record of conveyance by infant or infant trustee as evidence

§ 42–408. Record of conveyance by infant or infant trustee as evidence.
The record or a copy thereof of any deed recorded shall be evidence thereof, in the same manner and shall have the same effect as if such deed had been originally executed, acknowledged, and recorded according to law.
(Mar. 3, 1901, 31 Stat. 1271, ch. 854, § 519; June 30, 1902, 32 Stat. 532, ch. 1329; Apr. 18, 1996, D.C. Law 11-110, § 47, 43 DCR 530.)
Prior Codifications
1981 Ed., § 45-804.
1973 Ed., § 45-504.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 4 - Deed Effective and Recordation Dates › § 42–409. Bonds and contracts relating to land recordable

§ 42–409. Bonds and contracts relating to land recordable.
Any title bond or other written contract in relation to land may be acknowledged, certified, and recorded in the same manner and with like effect as to notice as deeds for the conveyance of land.
(Mar. 3, 1901, 31 Stat. 1268, ch. 854, § 501; June 30, 1902, 32 Stat. 531, ch. 1329.)
Prior Codifications
1981 Ed., § 45-805.
1973 Ed., § 45-505.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 4 - Deed Effective and Recordation Dates › § 42–410. Map or plat of subdivisions not recordable

§ 42–410. Map or plat of subdivisions not recordable.
It shall not be lawful for any person or persons to record any map or plat of the subdivision of land in the District of Columbia in the office of the Recorder of Deeds for said District, whether such map or plat be attached to a deed or other document or is offered separately for record.
(Aug. 24, 1894, 28 Stat. 501, ch. 329.)
Prior Codifications
1981 Ed., § 45-806.
1973 Ed., § 45-506.
Cross References
Recordation of maps and plats in surveyor’s office, see § 1-1305 et seq.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–501. Recognized estates

§ 42–501. Recognized estates.
Estates in land in the District shall be estates of inheritance, estates for life, estates for years, estates at will, and estates by sufferance.
(Mar. 3, 1901, 31 Stat. 1350, ch. 854, § 1011.)
Prior Codifications
1981 Ed., § 45-201.
1973 Ed., § 45-801.
Cross References
Statute of frauds, see §§ 28-3501, 28-3503.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–502. Fee simple estates — Estates tail abolished

§ 42–502. Fee simple estates — Estates tail abolished.
All estates of inheritance, including such as were formerly estates tail, shall be adjudged estates in fee simple.
(Mar. 3, 1901, 31 Stat. 1350, ch. 854, § 1012.)
Prior Codifications
1981 Ed., § 45-202.
1973 Ed., § 45-802.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–503. Fee simple estates — Absolute or qualified

§ 42–503. Fee simple estates — Absolute or qualified.
An estate in fee simple may be either absolute or qualified, as to one and his heirs during an existing condition of things of uncertain duration.
(Mar. 3, 1901, 31 Stat. 1351, ch. 854, § 1013.)
Prior Codifications
1981 Ed., § 45-203.
1973 Ed., § 45-803.