reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter III - Excess Property for Development of Seat of Government › § 16–1334. Retention, for public use, of excess property

§ 16–1334. Retention, for public use, of excess property.
When the authorities of the District of Columbia having jurisdiction of real property, rights, or easements acquired pursuant to this subchapter, elect to retain any of them for the use of the District, they may use the property, rights or easements for park, playground, highway, or alley purposes, or for any other lawful purpose that they deem advantageous or in the public interest.
(Dec. 23, 1963, 77 Stat. 576, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(10).)
Prior Codifications
1981 Ed., § 16-1334.
1973 Ed., § 16-1334.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter III - Excess Property for Development of Seat of Government › § 16–1335. Availability of appropriations for purchase of excess property

§ 16–1335. Availability of appropriations for purchase of excess property.
When real property is purchased pursuant to this subchapter in excess of that needed for a particular project or improvement, appropriations available for the payment of the purchase price, costs, and expenses incident to the project or improvement may be used in the payment of the purchase price, costs, and expenses of excess real property purchased in connection with the project or improvement, as provided by this subchapter.
(Dec. 23, 1963, 77 Stat. 576, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1335.
1973 Ed., § 16-1335.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter III - Excess Property for Development of Seat of Government › § 16–1336. Condemnation of excess real property by Mayor; payment of awards, damages, and costs; no assessments for benefits

§ 16–1336. Condemnation of excess real property by Mayor; payment of awards, damages, and costs; no assessments for benefits.
(a) When, pursuant to this subchapter, excess real property is condemned by the Mayor, the condemnation proceedings for the acquisition of the property shall be in accordance with subchapter II of this chapter.
(b) Appropriations available for the payment of awards, damages, and condemnation proceedings pursuant to subchapter II of this chapter may be used in the payment of awards, damages, and costs in condemnation proceedings for the acquisition of excess real property, as provided by this subchapter.
(c) Appropriations available for the payment of awards, damages, and costs in condemnation proceedings pursuant to subchapter II of this chapter may be used in the payment of awards, damages, and costs in condemnation proceedings thereunder for the acquisition of excess real property as provided by this subchapter.
(d) In all cases where excess real property is condemned, assessments for benefits may not be levied by the jury in respect to the acquisition of the property.
(Dec. 23, 1963, 77 Stat. 576, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(7); Mar. 10, 1983, D.C. Law 4-201, § 502, 30 DCR 148; Apr. 30, 1988, D.C. Law 7-104, § 4(l), 35 DCR 147; Feb. 5, 1994, D.C. Law 10-68, § 20(a), 40 DCR 6311.)
Prior Codifications
1981 Ed., § 16-1336.
1973 Ed., § 16-1336.
Editor's Notes
Section 4(l)(3)-(6) of D.C. Law 7-104 purported to substitute “7-213” for “7-214” 1981 Ed., and “7-214” for “7-215” 1981 Ed. in subsection (a), “7-322” for “7-323” 1981 Ed. in subsections (a) and (c), and “7-301” for “7301” 1981 Ed. in subsection (c), apparently without regard to the amendment to this section by D.C. Law 4-201.
The reference in subsection (b) to “sections referred to by subsection (a)” has been rendered obsolete by amendments made in D.C. Law 4-201.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter III - Excess Property for Development of Seat of Government › § 16–1337. Construction of subchapter

§ 16–1337. Construction of subchapter.
This subchapter does not repeal any provisions of existing law pertaining to the condemnation or acquisition of streets, alleys, or land, or the law or laws relating to the subdividing of lands in the District of Columbia.
(Dec. 23, 1963, 77 Stat. 577, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(11).)
Prior Codifications
1981 Ed., § 16-1337.
1973 Ed., § 16-1337.
Cross References
Acquisition of mass transit bus systems, condemnation proceedings, see § 9-1113.06.
Eminent domain, jurisdiction, District Court, see § 16-1301.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1351. Definition

§ 16–1351. Definition.
As used in this subchapter, “acquiring authority” means the head of an executive department or agency of the United States, or other officer of the United States, or board or commission of the United States, authorized by law to acquire real property in the District of Columbia for the construction of public buildings or works, or for parks, parkways, public playgrounds, or other public purpose.
(Dec. 23, 1963, 77 Stat. 577, Pub. L. 88-241, § 1; Apr. 30, 1988, D.C. Law 7-104, § 4(m), 35 DCR 147.)
Prior Codifications
1981 Ed., § 16-1351.
1973 Ed., § 16-1351.
Section References
This section is referenced in § 9-1107.01 and § 16-1352.
Cross References
Metropolitan Area Transit Authority, eminent domain powers, see § 9-1107.01.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1352. Condemnation proceedings by Attorney General

§ 16–1352. Condemnation proceedings by Attorney General.
When, for the purposes specified by section 16-1351 , it is deemed necessary or advantageous to do so, the acquiring authority may acquire real property in the District of Columbia in the name of the United States by condemnation under judicial process. The Attorney General of the United States, upon the request of the acquiring authority, shall institute a proceeding for the condemnation of the property in the United States District Court for the District of Columbia.
(Dec. 23, 1963, 77 Stat. 577, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1352.
1973 Ed., § 16-1352.
Cross References
Streets and alleys, condemnation, § 9-203.02 et seq.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1353. Declaration of taking; contents; deposit; transfer of title; determination; interest

§ 16–1353. Declaration of taking; contents; deposit; transfer of title; determination; interest.
(a) In an action pursuant to this subchapter, the plaintiff may file in the cause, with the complaint or at any time before judgment, a declaration of taking signed by the acquiring authority empowered by law to acquire the property described in the complaint, declaring that the property is thereby taken for the use of the United States. The declaration of taking shall contain or have annexed thereto a —
(1) statement of the authority under which and the public use for which the lands are taken;
(2) description of the lands taken sufficient for the identification thereof;
(3) statement of the estate or interest in the lands taken for public use;
(4) plan showing the lands taken; and
(5) statement of the sum of money estimated by the acquiring authority to be just compensation for the property taken.
(b) Upon the filing of the declaration of taking and of the deposit in the registry of the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in the declaration, title to the property in fee simple absolute, or such less estate or interest therein as is specified in the declaration, vests in the United States of America, and the property shall be deemed to be condemned and taken for the use of the United States, and the right to just compensation therefor vests in the persons entitled thereto. The compensation shall be ascertained and awarded in the proceedings and established by judgment therein, and the judgment shall include, as part of the just compensation awarded, interest at the rate of 6 per centum per annum on the amount finally awarded as the value of the property as of the date of taking, from that date to the date of payment. Interest may not be allowed on as much thereof as has been paid into the registry. A sum so paid into the registry may not be charged with commissions or poundage.
(Dec. 23, 1963, 77 Stat. 577, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1353.
1973 Ed., § 16-1353.
Section References
This section is referenced in § 16-1354, § 16-1355, and § 16-1360.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1354. Distribution of money deposited on declaration of taking; judgment for deficiency

§ 16–1354. Distribution of money deposited on declaration of taking; judgment for deficiency.
After the filing of the declaration of taking, and the deposit of the money in the registry of the court, as provided for by section 16-1353 , the court, upon the application of the parties in interest, may order that the money so deposited, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in the proceeding. Upon the final award of compensation, the court shall enter judgment for the amount of any deficiency in the manner provided by rule 71A (j) of the Federal Rules of Civil Procedure.
(Dec. 23, 1963, 77 Stat. 578, Pub. L. 88-241, § 1; Mar. 24, 1998, D.C. Law 12-81, § 10(r), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-1354.
1973 Ed., § 16-1354.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1355. Time for surrender of possession under declaration of taking; adjustment of charges

§ 16–1355. Time for surrender of possession under declaration of taking; adjustment of charges.
Upon the filing of a declaration of taking provided for by section 16-1353 , the court may fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the plaintiff. The court may make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as it deems just and equitable.
(Dec. 23, 1963, 77 Stat. 578, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1355.
1973 Ed., § 16-1355.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1356. Setting date for trial

§ 16–1356. Setting date for trial.
In a proceeding pursuant to this subchapter, after all defendants have been served with notice, and there has been return of service, as provided by rule 71A(d) of the Federal Rules of Civil Procedure , and after defendants have appeared or answered in the manner provided by rule 71A(e) thereof, either personally or by their guardians ad litem or other legal representatives, or are in default, the case shall be regarded as ready for trial, and, upon the application of any party to the proceeding, the court shall forthwith set an early date to be fixed by it, not less than ten nor more than twenty days from the date of the application, for the trial of the issues of law and fact raised in the case, and the ascertainment of the compensation or damages to be awarded for the taking of the property to be condemned.
(Dec. 23, 1963, 77 Stat. 578, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1356.
1973 Ed., § 16-1356.
Section References
This section is referenced in § 16-1357.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1357. Drawing of jurors, and selection of jury; qualifications

§ 16–1357. Drawing of jurors, and selection of jury; qualifications.
When the date for trial has been set, as provided by section 16-1356 , the court shall order the names of a number of persons, not less than twenty, selected from the special jury list provided by section 16-1312 , and the names of the persons selected shall be certified to the clerk of the United States District Court for the District of Columbia as a panel of prospective jurors. The persons so certified shall be thereupon summoned by the United States marshal for the District of Columbia to appear in the court on the day specially fixed for the trial of the cause. Before selecting or impaneling the jury, the court may cause a second, third, or other further list of prospective jurors to be drawn, certified and summoned in like manner. From the persons so certified and summoned, the court, after examination on oath and in open court as to their qualifications, shall select and impanel a jury of five capable and disinterested persons who have the qualifications of jurors as prescribed by law for the courts of the District of Columbia, and in addition thereto are not in the service or employment of the United States or of the District of Columbia.
(Dec. 23, 1963, 77 Stat. 578, Pub. L. 88-241, § 1; Mar. 27, 1968, 82 Stat. 63, Pub. L. 90-274, § 103(e); July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(12).)
Prior Codifications
1981 Ed., § 16-1357.
1973 Ed., § 16-1357.
Section References
This section is referenced in § 16-1358, § 16-1359, and § 16-1362.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1358. Oath of jurors

§ 16–1358. Oath of jurors.
The jurors selected and impaneled, as provided by section 16-1357 , shall take an oath or affirmation, administered by the court, that they:
(1) are not interested in any manner in the property to be condemned;
(2) are not, to their knowledge, related to any person interested in the property; and
(3) will, impartially and to the best of their judgment, ascertain, appraise, and award just compensation for the property to be condemned and taken in the proceeding.
(Dec. 23, 1963, 77 Stat. 579, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1358.
1973 Ed., § 16-1358.
Section References
This section is referenced in § 16-1359.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1359. Inspection of property by jury; presence of parties

§ 16–1359. Inspection of property by jury; presence of parties.
After being selected, impaneled, and sworn, as provided by sections 16-1357 and 16-1358 , and before hearing the evidence, the jury, in order to inspect the property to be acquired, shall be taken upon the property by the United States marshal at a time fixed by the court. All parties in interest, their attorneys, and representatives have the right to be present at the inspection.
(Dec. 23, 1963, 77 Stat. 579, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1359.
1973 Ed., § 16-1359.
Section References
This section is referenced in § 16-1360.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1360. Trial; evidence; measure of compensation

§ 16–1360. Trial; evidence; measure of compensation.
After the inspection provided for by section 16-1359 , and the jury has returned to the court, the trial of the cause shall be proceeded with before the court and jury. Any person who has appeared in the cause claiming any right, title, interest, or estate in the land to be taken, or compensation on account of its taking, has the right to submit evidence concerning the value of the property, parcel by parcel, the nature and extent of his right, interest, or estate therein, and the compensation justly due for the taking of the property. A new structure or substantial alteration of a permanent nature, the purpose or natural effect of which is to enhance the value of the property to be taken, erected, or made thereon after the institution of the condemnation proceedings may not be taken into consideration in assessing and awarding compensation for the property. When the property to be valued has been taken by virtue of a declaration of taking, as provided by section 16-1353 , it shall be valued for the purposes of compensation as of the date of the taking. When, by act of the owner or other party claiming to be entitled to compensation, the value of the property for the use for which it is to be taken has been diminished, as by cutting trees, excavating, grading, or otherwise altering its physical condition, allowance, if the plaintiff so elects, shall be made in assessing compensation for the diminution in value.
(Dec. 23, 1963, 77 Stat. 579, Pub. L. 88-241, § 1; Mar. 24, 1998, D.C. Law 12-81, § 10(s), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-1360.
1973 Ed., § 16-1360.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1361. Verdict

§ 16–1361. Verdict.
At the close of the evidence in a proceeding pursuant to this subchapter, the court shall charge the jury and furnish them with a written form to be used in returning their verdict. The members of the jury may separate when not engaged in the consideration of their verdict. When the jury, or a majority thereof, have agreed upon their verdict they shall, through their foreman, so notify the court, which shall thereupon pass an order setting a day for the return of the verdict in open court. The verdict shall be in writing subscribed by the jurors concurring therein, and shall set forth, parcel by parcel, the compensation to be paid for the taking of the lands to be condemned.
(Dec. 23, 1963, 77 Stat. 579, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1361.
1973 Ed., § 16-1361.
Section References
This section is referenced in § 16-1362 and § 16-1363.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1362. Fixing date for new trial; new jurors

§ 16–1362. Fixing date for new trial; new jurors.
If a verdict rendered pursuant to section 16-1361 , or any award contained therein, is set aside or vacated, the court shall —
(1) grant a new trial with respect to the property as to which the verdict or award is set aside or vacated;
(2) fix a date for the new trial; and
(3) order a new panel of prospective jurors to be drawn, certified, or summoned as provided by section 16-1357.
The court shall then proceed with the cause as if a verdict or award had not been rendered.
(Dec. 23, 1963, 77 Stat. 580, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1362.
1973 Ed., § 16-1362.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1363. Judgment

§ 16–1363. Judgment.
Judgment upon a verdict returned pursuant to section 16-1361 or any award contained therein shall be entered against the United States in favor of the parties entitled for the sums awarded as just compensation, respectively, for the property condemned for the use of the United States.
(Dec. 23, 1963, 77 Stat. 580, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1363.
1973 Ed., § 16-1363.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1364. Force and effect of judgment; payment

§ 16–1364. Force and effect of judgment; payment.
A final judgment rendered against the United States pursuant to this subchapter has like force and effect as a money judgment rendered against the United States by the Court of Claims in a suit in respect of which the United States has expressly consented to be sued. The amount of the final judgment shall be paid out of any specific appropriation applicable to the case. If a specific appropriation does not exist, the judgment shall be paid in the same manner (except with respect to interest) as judgments rendered by the Court of Claims in cases under its general jurisdiction.
(Dec. 23, 1963, 77 Stat. 580, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1364.
1973 Ed., § 16-1364.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1365. Appeal; deficiency judgment

§ 16–1365. Appeal; deficiency judgment.
A party aggrieved by a final judgment in a proceeding pursuant to this subchapter may appeal therefrom to the United States Court of Appeals for the District of Columbia Circuit. The appeal, or any bond or undertaking given therein, does not operate to prevent or delay the vesting of title to the property in the United States, but upon the filing of a declaration of taking, or, if a declaration of taking is not filed, upon payment to the party entitled, or deposit in the registry of the court, of the amount awarded by the judgment, title vests in the United States, saving to all parties their right to just compensation. If the compensation finally awarded and adjudged for the property exceeds the amount awarded and adjudged by the judgment appealed from, the court shall enter judgment for the deficiency with interest as provided by this subchapter.
(Dec. 23, 1963, 77 Stat. 580, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1365.
1973 Ed., § 16-1365.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1366. Payment of compensation into court; vesting of title

§ 16–1366. Payment of compensation into court; vesting of title.
Payment into the registry of the court for the use of the parties entitled of the sum adjudged to be just compensation for the property to be condemned and taken, or for any parcel thereof, or any interest therein, pursuant to this subchapter, constitutes payment of the compensation. Upon the payment, the plaintiff is entitled to an order declaring that the title to the property in respect of which the compensation is so paid is vested in the United States of America. The money so paid into the registry of the court shall be deemed to be vested in the persons owning or interested in the property, according to their respective estates and interest, and the money shall take the place and stand in lieu of the property condemned. The court, upon the application of the plaintiff or of any party in interest, may determine and direct who is entitled to receive payment of the money so paid into the registry, and, in its discretion, order a reference to the auditor of the court or a special master to ascertain the facts on which the determination and direction are to be made.
(Dec. 23, 1963, 77 Stat. 580, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1366.
1973 Ed., § 16-1366.
Section References
This section is referenced in § 9-1107.01.
Cross References
Metropolitan Area Transit Authority, eminent domain powers, see § 9-1107.01.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1367. Delivery of possession

§ 16–1367. Delivery of possession.
Where possession has not been awarded pursuant to a declaration of taking, and the adjudged compensation has been paid into the registry as directed by the judgment of the court and a certified copy of the judgment, with a certificate of the clerk of the court showing the payment, has been served upon the person in possession of the property, he shall, upon demand, deliver possession thereof to the plaintiff. If possession is not delivered when so demanded, the plaintiff may apply to the court without notice, unless the court requires notice to be given, for a writ of assistance, and the court, upon proof of the service of the copy of the final order or judgment and certificate of the clerk showing payment as referred to in this section, shall thereupon cause the writ to be issued, which shall be executed in the same manner as when issued in other cases for the delivery of possession of real property.
(Dec. 23, 1963, 77 Stat. 581, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1367.
1973 Ed., § 16-1367.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter IV - Real Property for United States › § 16–1368. Additional powers of court

§ 16–1368. Additional powers of court.
Where the mode or manner of conducting a proceeding pursuant to this subchapter is not expressly provided for by law or rules of court in force under authority of law, the court may make all necessary orders and give all necessary directions to carry into effect the object and intent of this subchapter or any other laws conferring authority to acquire real property for the use of the United States.
(Dec. 23, 1963, 77 Stat. 581, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1368.
1973 Ed., § 16-1368.
Cross References
Eminent domain, jurisdiction, District Court, see § 16-1301.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter V - Excess Property for the United States › § 16–1381. Acquisition of property in excess of needs

§ 16–1381. Acquisition of property in excess of needs.
In order to promote the orderly and proper development of the seat of government of the United States, agencies of the United States authorized by law to acquire real property, may acquire, in the public interest, by gift, dedication, exchange, purchase, or condemnation fee simple title to land (or rights in or on land or easements or restrictions therein) within the District of Columbia for public uses, works, and improvements authorized by Congress, in excess of that actually needed for and essential to their usefulness, in order to preserve the view, appearance, light, and air and to enhance their usefulness, to prevent the use of private property adjacent to them in such a manner as to impair the public benefit derived from the construction thereof, or to prevent inequities or hardships to the owners of adjacent private property by depriving them of the beneficial use of their property.
(July 29, 1970, 84 Stat. 559, Pub. L. 91-358, title I, § 145(f)(13).)
Prior Codifications
1981 Ed., § 16-1381.
1973 Ed., § 16-1381.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter V - Excess Property for the United States › § 16–1382. Retention, for public use, of excess property

§ 16–1382. Retention, for public use, of excess property.
When the authorities of the United States having jurisdiction of real property (or rights or easements) acquired pursuant to this subchapter, elect to retain any of them for the use of the United States, they may use the property (or rights or easements) for park, playground, highway, or alley purposes, or for any other lawful purposes that they deem advantageous or in the public interest.
(July 29, 1970, 84 Stat. 559, Pub. L. 91-358, title I, § 145(f)(13).)
Prior Codifications
1981 Ed., § 16-1382.
1973 Ed., § 16-1382.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter V - Excess Property for the United States › § 16–1383. Availability of appropriations for purchases of excess property

§ 16–1383. Availability of appropriations for purchases of excess property.
When real property is purchased pursuant to this subchapter in excess of that needed for a particular project or improvement, appropriations available for the payment of the purchase price, costs, and expenses incident to the project or improvement may be used in the payment of the purchase price, costs, and expenses of excess real property purchased in connection with the project or improvement, as provided by this subchapter.
(July 29, 1970, 84 Stat. 559, Pub. L. 91-358, title I, § 145(f)(13).)
Prior Codifications
1981 Ed., § 16-1383.
1973 Ed., § 16-1383.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter V - Excess Property for the United States › § 16–1384. Condemnation of excess real property by United States agencies; payment of awards, damages and costs

§ 16–1384. Condemnation of excess real property by United States agencies; payment of awards, damages and costs.
(a) When excess real property is condemned by agencies of the United States as provided by this subchapter, the condemnation proceedings for the acquisition of the property shall be in accordance with subchapter IV of this chapter, or any laws in effect at the time of the commencement of condemnation proceedings for the acquisition of real property in the District of Columbia for the use of the United States.
(b) Appropriations available for the condemnation of property pursuant to subchapter IV of this chapter may be used in the payment of awards, damages, and costs in condemnation proceedings pursuant to that subchapter for the acquisition of excess real property as provided in this subchapter.
(July 29, 1970, 84 Stat. 559, Pub. L. 91-358, title I, § 145(f)(13).)
Prior Codifications
1981 Ed., § 16-1384.
1973 Ed., § 16-1384.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter V - Excess Property for the United States › § 16–1385. Construction of subchapter

§ 16–1385. Construction of subchapter.
This subchapter does not repeal any provisions of existing law pertaining to the condemnation or acquisition of streets, alleys, or land, or the laws relating to the subdividing of lands in the District of Columbia.
(July 29, 1970, 84 Stat. 559, Pub. L. 91-358, title I, § 145(f)(13).)
Prior Codifications
1981 Ed., § 16-1385.
1973 Ed., § 16-1385.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 15 - Forcible Entry and Detainer › § 16–1503. Judgment and execution for possession

§ 16–1503. Judgment and execution for possession.
When, upon a trial in a proceeding pursuant to this chapter, it appears that the plaintiff is entitled to the possession of the premises, judgment and execution for the possession shall be awarded in his favor, with costs; and if the plaintiff becomes nonsuit or fails to prove his right to the possession, the defendant shall have judgment and execution for his costs.
(Dec. 23, 1963, 77 Stat. 581, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1503.
1973 Ed., § 16-1503.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 3(a)(2) of Tenant Safe Harbor Emergency Amendment Act of 2021 (D.C. Act 24-231, Dec. 13, 2021, 68 DCR 013238).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 3(a)(2) of Tenant Safe Harbor Temporary Amendment Act of 2021 (D.C. Law 24-75, Feb. 24, 2022, 69 DCR 000190).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 15 - Forcible Entry and Detainer › § 16–1504. Certification to District Court upon plea of title; undertaking [Repealed]

§ 16–1504. Certification to District Court upon plea of title; undertaking [Repealed]
Repealed.
(July 29, 1970, 84 Stat. 560, Pub. L. 91-358, title I, § 145(g)(2).)
Prior Codifications
1981 Ed., § 16-1504.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 15 - Forcible Entry and Detainer › § 16–1505. Conclusiveness of judgment

§ 16–1505. Conclusiveness of judgment.
A judgment of the Superior Court of the District of Columbia in a proceeding pursuant to this chapter is not a bar to any afteraction brought by either party, and does not conclude any question of title between them, where title is not pleaded by the defendants.
(Dec. 23, 1963, 77 Stat. 582, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 560, Pub. L. 91-358, title I, § 145(g)(1).)
Prior Codifications
1981 Ed., § 16-1505.
1973 Ed., § 16-1505.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 17 - Gaming Transactions › § 16–1701. Invalidity of gaming contracts

§ 16–1701. Invalidity of gaming contracts.
(a) A thing in action, judgment, mortgage, or other security or conveyance made and executed by a person in which any part of the consideration is for money or other valuable things won by playing at any game whatsoever, or by betting on the sides or hands of persons who play, or for the reimbursement or payment of any money knowingly lent or advanced for the purpose, or lent or advanced at the time and place of the play or bet, to a person so playing or betting or who, during the play, so plays or bets, is void except as provided by subsection (b) of this section.
(b) If the mortgage, security, or other conveyance affects real property, it shall inure to the sole benefit of, and devolve upon, the persons who might have, or be entitled to, the property, as if the person who executed the instrument had died immediately after its execution, or as if the instrument had been made to the persons so entitled after the death of the person who executed it. A grant or conveyance made for the purpose of preventing the real property from coming to, or devolving upon, the persons intended by this section to enjoy the property as herein provided is fraudulent and void.
(c) This section does not affect the validity of negotiable instruments embraced by subtitle I of Title 28.
(Dec. 23, 1963, 77 Stat. 582, Pub. L. 88-241, § 1; Apr. 30, 1988, D.C. Law 7-104, § 4(n), 35 DCR 147.)
Prior Codifications
1981 Ed., § 16-1701.
1973 Ed., § 16-1701.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 17 - Gaming Transactions › § 16–1702. Recovery of losses at gaming

§ 16–1702. Recovery of losses at gaming.
A person who, at any time or sitting, by playing at cards, dice or any other game, or by betting on the sides or hands of persons who play, loses to a person so playing or betting, a sum of money, or other valuable thing, amounting to $25 or more, and pays or delivers the money or thing, or any part thereof, may, within three months after the payment or delivery, sue for and recover the money, goods or other valuable thing, so lost and paid or delivered, or any part thereof, or the full value thereof, by a civil action, from the winner thereof, with costs. If the person who loses the money or other thing, does not, within three months actually and bona fide, and without collusion, sue, and with effect prosecute, therefor, any person may sue for, and recover treble the value of the money, goods, chattels, and other things, with costs of suit, by a civil action against the winner, one-half to the use of the plaintiff, the remainder to the use of the District of Columbia.
(Dec. 23, 1963, 77 Stat. 582, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1702.
1973 Ed., § 16-1702.
Section References
This section is referenced in § 16-1703 and § 16-1704.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 17 - Gaming Transactions › § 16–1703. Relief from further penalty upon discovery and repayment of losses

§ 16–1703. Relief from further penalty upon discovery and repayment of losses.
Upon the discovery and repayment of the money or other thing to be discovered and repaid as provided by section 16-1702 , the person who so discovers and repays shall be acquitted, indemnified, and discharged from any further or other punishment, forfeiture, or penalty, that he may have incurred by the playing for, or winning, the money or other thing so discovered and repaid.
(Dec. 23, 1963, 77 Stat. 583, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1703.
1973 Ed., § 16-1703.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 17 - Gaming Transactions › § 16–1704. Cheating at gambling

§ 16–1704. Cheating at gambling.
Whoever, at any one time or sitting, by fraud or false pretense, while playing any game, or while having a share in a wager played for, or while betting on the sides or hands of persons who play, wins, or acquires to himself or to any other person, above the sum or value of $25, shall, upon conviction of the offense, forfeit five times the value of the sum of money or other thing so won, and shall be deemed infamous.
The penalty prescribed by this section may be recovered in a civil action by the persons specified by, and in the manner provided by, section 16-1702 .
(Dec. 23, 1963, 77 Stat. 583, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1704.
1973 Ed., § 16-1704.
Cross References
Indigents, representation in criminal cases, see § 11-2601.
Superior Court, civil jurisdiction, see § 11-921.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 19 - Habeas Corpus › § 16–1901. Petition; issuance of writ

§ 16–1901. Petition; issuance of writ.
(a) A person committed, detained, confined, or restrained from his lawful liberty within the District, under any color or pretense whatever, or a person in his behalf, may apply by petition to the appropriate court, or a judge thereof, for a writ of habeas corpus, to the end that the cause of the commitment, detainer, confinement, or restraint may be inquired into. The court or the judge applied to, if the facts set forth in the petition make a prima facie case, shall forthwith grant the writ, directed to the officer or other person in whose custody or keeping the party so detained is returnable forthwith before the court or judge.
(b) Petitions for writs directed to Federal officers and employees shall be filed in the United States District Court for the District of Columbia.
(c) Petitions for writs directed to any other person shall be filed in the Superior Court of the District of Columbia.
(Dec. 23, 1963, 77 Stat. 583, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 560, Pub. L. 91-358, title I, § 145(h)(1).)
Prior Codifications
1981 Ed., § 16-1901.
1973 Ed., § 16-1901.
Cross References
Mentally retarded persons’ rights, see § 7-1301.02 and 7-1301.03.
Representation of indigents in criminal cases, see § 11-2601.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 19 - Habeas Corpus › § 16–1902. Service of writ; return

§ 16–1902. Service of writ; return.
A writ of habeas corpus issued pursuant to this chapter shall be served by delivering it to the officer or other person to whom it is directed, or by leaving it at the prison or place at which the party suing it out is detained. The officer or other person shall forthwith, or within such reasonable time as the court or judge directs:
(1) make return of the writ and cause the person detained to be brought before the court or judge, according to the command of the writ; and
(2) certify the true cause of his detainer or imprisonment, if any, and under what color or pretense he is confined or restrained of his liberty.
(Dec. 23, 1963, 77 Stat. 583, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1902.
1973 Ed., § 16-1902.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 19 - Habeas Corpus › § 16–1903. Suspected evasion or disobedience of writ; procedure

§ 16–1903. Suspected evasion or disobedience of writ; procedure.
On an application for a writ of habeas corpus, if probable cause is shown for believing that the person charged with confining or detaining the person applying therefor, or on whose behalf the application is made:
(1) is about to remove the person so detained from the place where he is then detained, for the purpose of evading a writ of habeas corpus, or for other purposes; or
(2) he would evade or not obey a writ of habeas corpus —
the court or judge shall insert in the writ a clause commanding the United States marshal to serve the writ on the person to whom it is directed and cause him immediately to appear before the court or judge, together with the person so confined or detained. Thereupon, the marshal shall immediately carry those persons before the court or judge, and the court or judge shall proceed to inquire into the matter.
(Dec. 23, 1963, 77 Stat. 583, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1903.
1973 Ed., § 16-1903.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 19 - Habeas Corpus › § 16–1904. Forfeiture and penalty for failure to produce

§ 16–1904. Forfeiture and penalty for failure to produce.
If an officer or other person to whom a writ of habeas corpus is directed neglects or refuses to:
(1) make return of the writ; or
(2) bring the body of the person detained —
according to the command of the writ, he shall forfeit to the person detained the sum of $500, and be liable to attachment and punishment as for a contempt.
(Dec. 23, 1963, 77 Stat. 584, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1904.
1973 Ed., § 16-1904.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 19 - Habeas Corpus › § 16–1905. Right to copy of commitment; forfeiture

§ 16–1905. Right to copy of commitment; forfeiture.
A person committed or detained, or a person in his behalf, may demand a true copy of the warrant of commitment or detainer. An officer or other person detaining a person, who refuses or neglects to deliver to him or to a person in his behalf a true copy of the warrant of commitment or detainer, if one exists, within six hours after the demand, shall forfeit to the party so detained the sum of $500.
(Dec. 23, 1963, 77 Stat. 584, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1905.
1973 Ed., § 16-1905.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 19 - Habeas Corpus › § 16–1906. Inquiry into cause of detention; bail; bond

§ 16–1906. Inquiry into cause of detention; bail; bond.
On the return of a writ of habeas corpus issued pursuant to this chapter and the production of the person detained, the court or judge shall immediately inquire into the legality and propriety of the confinement or detention. If it appears that the person is detained without legal warrant or authority, the court or judge shall immediately release or discharge him. If the court or judge deems his detention to be lawful and proper, the court or judge shall remand him to the same custody, or, in a proper case, admit him to bail, if he is confined on a charge of having committed a bailable criminal offense. If he is bailed, the court or judge shall require a sufficient bond or recognizance to answer in the proper court, and transmit it to that court.
(Dec. 23, 1963, 77 Stat. 584, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1906.
1973 Ed., § 16-1906.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 19 - Habeas Corpus › § 16–1907. Traversing return; pleading; witnesses

§ 16–1907. Traversing return; pleading; witnesses.
A person at whose instance or in whose behalf a writ of habeas corpus has been issued may traverse the return thereto, or plead any matters showing that there is not a sufficient legal cause for his confinement or detention. The court or judge may issue process for witnesses or for the production of papers, which shall be served and enforced in like manner as similar process issued in a cause pending in the court, if the court or judge is satisfied as to the materiality of the testimony proposed to be adduced.
(Dec. 23, 1963, 77 Stat. 584, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1907.
1973 Ed., § 16-1907.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 19 - Habeas Corpus › § 16–1908. Right of other persons to writ

§ 16–1908. Right of other persons to writ.
A person entitled to the custody of another person, unlawfully confined or detained by a third person, as a parent, guardian, committee, spouse, or domestic partner, entitled to the custody of a minor child, ward, spouse, or domestic partner, upon application to the court or a judge as provided by this chapter, and showing just cause therefor, under oath, is entitled to a writ of habeas corpus, directed to the person confining or detaining, requiring him forthwith to appear and produce before the court or judge the person so detained, and the same proceedings shall be had in relation thereto as provided for by this chapter. The court or judge, upon hearing the proofs, shall determine which of the contesting parties is entitled to the custody of the person so detained, and commit the custody of the person to the party legally entitled thereto. For the purposes of this section, the term “domestic partner” shall have the same meaning as provided in § 32-701(3).
(Dec. 23, 1963, 77 Stat. 584, Pub. L. 88-241, § 1; Mar. 24, 1998, D.C. Law 12-81, § 10(t), 45 DCR 745; Sept. 12, 2008, D.C. Law 17-231, § 20(f), 55 DCR 6758; Sept. 26, 2012, D.C. Law 19-169, § 20(b), 59 DCR 5567.)
Prior Codifications
1981 Ed., § 16-1908.
1973 Ed., § 16-1908.
Effect of Amendments
D.C. Law 17-231 substituted “spouse, or domestic partner” for “or husband” and “or wife”; and inserted “For the purposes of this section, the term ‘domestic partner’ shall have the same meaning as provided in § 32-701(3).”
The 2012 amendment by D.C. Law 19-169 deleted “lunatic” following “minor child, ward.”
Cross References
Custody of children, divorce or annulment, see § 16-911.
Representation of indigents in criminal cases, see § 11-2601.
Editor's Notes
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 19 - Habeas Corpus › § 16–1909. Construction of chapter

§ 16–1909. Construction of chapter.
This chapter does not affect any provision of chapter 153 of Title 28, United States Code.
(Dec. 23, 1963, 77 Stat. 585, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1909.
1973 Ed., § 16-1909.
Cross References
Juvenile curfew, parenting classes, see § 2-1543.