reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1110. Recovery, by landlord, of furniture, arrears in rent, and damages; separate counts

§ 16–1110. Recovery, by landlord, of furniture, arrears in rent, and damages; separate counts.
(a) In an action in ejectment against his tenant, a landlord may embody in his complaint, in separate counts, claims for:
(1) furniture, if leased with the realty;
(2) arrears of rent due at the termination of the tenancy;
(3) double rent in cases authorized by this Code from the termination of the tenancy to the verdict for possession; and
(4) damages for waste or injury to the premises or furniture during the defendant’s occupancy of the premises and before commencement of the action.
(b) If the jury find for the landlord, they may, at the same time, find the amounts due for arrears of rent and for double rent and for damages, as provided by subsection (a) of this section, and judgment shall be rendered accordingly.
(Dec. 23, 1963, 77 Stat. 566, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1110.
1973 Ed., § 16-1110.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1111. Separate action for rent or damages

§ 16–1111. Separate action for rent or damages.
The plaintiff in ejectment is not required to join his claim for rent or damages with his claim for the recovery of the land and his omission to do so does not prevent him from bringing his action for rent or damages separately.
(Dec. 23, 1963, 77 Stat. 566, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1111.
1973 Ed., § 16-1111.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1112. Expiration of title pending suit; damages

§ 16–1112. Expiration of title pending suit; damages.
If the title of the plaintiff in ejectment expires after the commencement of his action but before the trial, and but for the expiration he would have been entitled to recover, the verdict shall find the facts, and the plaintiff may recover his damages sustained by the wrongful withholding of the possession.
(Dec. 23, 1963, 77 Stat. 566, Pub. L. 88-241, § 1; Mar. 24, 1998, D.C. Law 12-81, § 10(n), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-1112.
1973 Ed., § 16-1112.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1113. Defense of adverse possession; enclosure

§ 16–1113. Defense of adverse possession; enclosure.
In an action to recover vacant and unimproved lots of ground it is not necessary, in order to maintain the defense of adversary possession, to show that the premises in controversy had been enclosed; but if it appears that the property had been assessed for taxation to the defendant, or those under whom he claims, and that he or they had regularly paid the taxes on the property and were the only persons who had exercised control over the property for a period of fifteen years before the bringing of the action, the facts shall be the equivalent of possession by actual enclosure.
(Dec. 23, 1963, 77 Stat. 566, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1113.
1973 Ed., § 16-1113.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1114. Verdict; judgment; costs; future actions

§ 16–1114. Verdict; judgment; costs; future actions.
(a) In an action of ejectment, if the plaintiff’s title is established by proof, the verdict of the jury shall be generally for the plaintiff as to the whole or part of the property or interest claimed in the complaint, as the case may be. If the plaintiff fails to make satisfactory proof of title, the verdict shall be for the defendant as to the whole or part of the property, as the case may be. The verdict may be for the plaintiff as to part and for the defendant as to other part thereof. Except as provided by this chapter, judgment shall be rendered according to the verdict.
(b) When it appears on the trial that the defendant did not wrongfully enter into possession of the property sued for, or exercise acts of ownership over the same adversely to the plaintiff, the verdict of the jury shall be that the defendant is not guilty. Thereupon, judgment shall be rendered in favor of the defendant against the plaintiff for the costs of the action, but the judgment is not a bar to a future action by the plaintiff against the defendant for the recovery of the property.
(Dec. 23, 1963, 77 Stat. 566, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1114.
1973 Ed., § 16-1114.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1115. Conclusiveness of final judgment

§ 16–1115. Conclusiveness of final judgment.
A final judgment rendered in an action of ejectment is conclusive as to the title thereby established as between the parties to the action and all persons claiming under them since the commencement of the action.
(Dec. 23, 1963, 77 Stat. 567, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1115.
1973 Ed., § 16-1115.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1116. Improvements; notice; good faith; directions to jury; measure of damages

§ 16–1116. Improvements; notice; good faith; directions to jury; measure of damages.
In an action of ejectment, at any time before the trial, the defendant may give notice that if the verdict of the jury is in favor of the plaintiff’s title the defendant will claim the benefit of permanent improvements that may have been placed on the property by the defendant or those under whom he claims, and offer evidence at the trial tending to show that he or those under whom he claims had peaceably entered into possession of the premises in controversy under a title which he or they had reason to believe and did believe to be good, and had erected valuable and permanent improvements on the property, which were begun in good faith before the commencement of the action. The court shall then direct the jury, in case they find in favor of the plaintiff’s title and also find that the permanent improvements were made by the defendant, or those under whom he claims, under the circumstances described in this section, to assess the:
(1) damages of the plaintiff, being the clear value over and above taxes and necessary expenses of the use and occupation of the property, exclusive of the improvements, during the whole period of the occupation of the property to the date of the verdict, and any damage done to the property, by waste or otherwise, by the parties during the occupation;
(2) present value of any permanent improvements that may have been placed on the premises by the defendant or those under whom he claims; and
(3) present value of the property of the plaintiff without and exclusive of the improvements.
(Dec. 23, 1963, 77 Stat. 567, Pub. L. 88-241, § 1; Mar. 24, 1998, D.C. Law 12-81, § 10(o), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-1116.
1973 Ed., § 16-1116.
Section References
This section is referenced in § 16-1109, § 16-1117, and § 16-1118.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1117. New trial as to assessment

§ 16–1117. New trial as to assessment.
Either party who feels aggrieved by the assessment provided for by section 16-1116 , may, within four days after the verdict, move to set the assessment aside, and the court may, for good cause shown, set the verdict aside and order another jury to be empaneled in the cause to make a new assessment.
(Dec. 23, 1963, 77 Stat. 567, Pub. L. 88-567, § 1.)
Prior Codifications
1981 Ed., § 16-1117.
1973 Ed., § 16-1117.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1118. Judgment for damages in excess of improvements

§ 16–1118. Judgment for damages in excess of improvements.
When the damages of the plaintiff, assessed as provided by section 16-1116 , exceed the value of the permanent improvements as ascertained by the jury, the plaintiff shall be entitled to a judgment for the excess in like manner as directed by section 16-1109 .
(Dec. 23, 1963, 77 Stat. 567, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1118.
1973 Ed., § 16-1118.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1119. Judgment when improvements and damages are equal

§ 16–1119. Judgment when improvements and damages are equal.
When the value of the improvements, ascertained as provided by this chapter, equal but do not exceed the plaintiff’s damages, as found by the jury, the plaintiff shall be entitled to judgment only for the recovery of the property sued for and costs.
(Dec. 23, 1963, 77 Stat. 567, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1119.
1973 Ed., § 16-1119.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1120. Election of plaintiff if value of improvements exceeds damages

§ 16–1120. Election of plaintiff if value of improvements exceeds damages.
If the value of the improvements referred to in this chapter is found by the jury to exceed the damages of the plaintiff, the plaintiff may elect either to pay to the defendant the amount of the excess or to demand of the defendant the value of the plaintiff’s property, without the improvements, as fixed by the jury, and tender to the defendant a deed for the property, with all the plaintiff’s right, title, and interest therein.
(Dec. 23, 1963, 77 Stat. 567, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1120.
1973 Ed., § 16-1120.
Section References
This section is referenced in § 16-1122.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1121. Judgment and writ of possession after payment for improvements

§ 16–1121. Judgment and writ of possession after payment for improvements.
When the plaintiff pays to the defendant, within the time fixed therefor by the court, or, in case of the defendant’s refusal to accept the payment, pays into court for the defendant’s use the amount of the excess of the value of the improvements over the damages of the plaintiff, the plaintiff shall be entitled forthwith to a judgment and writ of possession.
(Dec. 23, 1963, 77 Stat. 568, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1121.
1973 Ed., § 16-1121.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1122. Judgment and writ of possession after tender of deed and defendant’s refusal to pay

§ 16–1122. Judgment and writ of possession after tender of deed and defendant’s refusal to pay.
If the plaintiff tenders to the defendant a deed as provided by section 16-1120 and demands the value of his property without the improvements, as found by the jury, and the defendant fails or refuses to pay the value within the time fixed therefor by the court, the plaintiff shall, in like manner, be entitled to a judgment and writ of possession; and if the plaintiff is a minor, the court may authorize the deed to be executed by his guardian.
(Dec. 23, 1963, 77 Stat. 568, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1122.
1973 Ed., § 16-1122.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1123. Judgment for defendant after plaintiff’s refusal to pay excess or tender deed

§ 16–1123. Judgment for defendant after plaintiff’s refusal to pay excess or tender deed.
If the plaintiff fails or refuses either to pay the defendant the excess of the value of the improvements over the amount of the plaintiff’s damages, or, as provided by the chapter, to tender a deed to the defendant and accept from him the value of the plaintiff’s property, exclusive of the improvements, the defendant may pay the value into court for the use of the plaintiff. Thereupon, the defendant shall be entitled to a judgment in his favor, but without costs, which judgment shall be a bar to any future action by the plaintiff against the defendant to recover the property for cause theretofore existing.
(Dec. 23, 1963, 77 Stat. 568, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1123.
1973 Ed., § 16-1123.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter I - Ejectment › § 16–1124. Ejectment for non-payment of rent; time limitation on relief from judgment; set-off; dismissal upon payment

§ 16–1124. Ejectment for non-payment of rent; time limitation on relief from judgment; set-off; dismissal upon payment.
(a) In a case between landlord and tenant, where one-half year’s rent or more is in arrear and unpaid, and the landlord or lessor to whom the rent is due has the right by law, in default of a sufficiency of goods and chattels whereon to distrain for the satisfaction of the rent due, to re-enter for non-payment of the rent, he may, without any formal demand or re-entry, commence a civil action in ejectment for the recovery of the demised premises.
(b) When a judgment is given for the plaintiff in an action pursuant to this section, and execution is had on the judgment, before the rent in arrear and costs of suit are paid, the lease of the property shall cease and be determined, unless the judgment is reversed on appeal or certiorari or, within six months after execution on the judgment, the defendant or a person who has succeeded to his interest, or a mortgagee of the lease or of any party thereof who was not in possession when final judgment was rendered, applies to the court for an order granting equitable relief from the judgment, which is subsequently granted.
(c) When possession of the property recovered has been delivered to the plaintiff under execution issued upon a judgment in an action pursuant to this section, and, in connection with the application for equitable relief from the judgment, the defendant or other person referred to in subsection (b) of this section, has, prior to or at the time of his application, paid or tendered to the plaintiff or his legal representative or successor in interest, or paid into court for the use of the person entitled thereto, the amount of rent in arrear, as stated in the judgment and costs of suit and all damages sustained by the plaintiff, the order for restoration of possession of the property to the person who made the payment shall provide for setting off the sum that the plaintiff has made, or that he might, without fraud, deceit, or willful neglect, have made, of the property, during his possession, against the rent accruing after the judgment was rendered, and for reimbursement to the applicant of the balance, if any, of the sum paid into court by him, after making the set-off prescribed by this subsection.
(d) At any time before the trial of an action pursuant to this section, the defendant may pay or tender to the plaintiff, or pay into court, the amount of all the rent then in arrear, and costs of suit. Thereupon, the action shall be dismissed.
(Dec. 23, 1963, 77 Stat. 568, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1124.
1973 Ed., § 16-1124.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter II - Proceedings to Discover the Death of a Tenant for Life › § 16–1151. Petition by person entitled to claim; form and contents

§ 16–1151. Petition by person entitled to claim; form and contents.
(a) A person entitled to claim real property, after the death of another person who has a prior estate therein, may, not oftener than once a year, petition the court for an order directing the production of the tenant for life, as prescribed by this subchapter, by a person, named in the petition, against whom a civil action in ejectment to recover the real property can be maintained if the tenant for life is dead, or, if there is no such person, by the guardian, trustee, or other person who has, or is entitled to, the custody of the person of the tenant for life, or the care of his estate.
(b) A petition prescribed by subsection (a) of this section shall be verified by the affidavit of the petitioner, and shall contain an averment that the petitioner has cause to believe that the person, upon whose life the prior estate depends, is dead, and that his or her death is being concealed by the person named in the petition.
(Dec. 23, 1963, 77 Stat. 569, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1151.
1973 Ed., § 16-1151.
Section References
This section is referenced in § 16-1152.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter II - Proceedings to Discover the Death of a Tenant for Life › § 16–1152. Order to produce life tenant; service of order

§ 16–1152. Order to produce life tenant; service of order.
Upon the presentation of the petition and affidavit prescribed by section 16-1151 , the court shall issue an order to the person named in the petition to produce and show to the persons named in the order by the petitioner not exceeding two in number, at such time and place as the court directs, the person upon whose life the prior estate depends. A certified copy of the order shall be served upon the person required to produce the tenant for life in the manner provided by applicable rules of court.
(Dec. 23, 1963, 77 Stat. 569, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1152.
1973 Ed., § 16-1152.
Section References
This section is referenced in § 16-1153.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter II - Proceedings to Discover the Death of a Tenant for Life › § 16–1153. Failure to produce as ordered; subsequent proceedings; commissioners; presumption of death; right of possession

§ 16–1153. Failure to produce as ordered; subsequent proceedings; commissioners; presumption of death; right of possession.
(a) If a person upon whom an order, as prescribed by section 16-1152, is served, refuses or neglects to produce the person upon whose life the prior estate depends in the manner provided by the order, the court shall order him to produce the person in court or before commissioners appointed by the court, at such time and place as the court directs. Two of the commissioners shall be nominated by the petitioner, and they shall serve at his expense. A certified copy of the order shall be served upon the person required to produce the tenant for life in the manner provided by applicable rules of court. The commissioners appointed shall make and file with the court a return showing the results of their investigation and their conclusions.
(b) If the person upon whom the second order prescribed by subsection (a) of this section is served refuses or neglects to produce, in court, or before the commissioners, as the case may be, the person upon whose life the prior estate depends, it shall be presumed that the latter person is dead, and the court shall issue an order permitting the petitioner to take possession of the property, as if that person were actually dead.
(Dec. 23, 1963, 77 Stat. 569, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1153.
1973 Ed., § 16-1153.
Section References
This section is referenced in § 16-1154.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter II - Proceedings to Discover the Death of a Tenant for Life › § 16–1154. Investigation outside the District; report to court; presumption of death; right to possession

§ 16–1154. Investigation outside the District; report to court; presumption of death; right to possession.
If before, or at the time of, the presentation of the commissioners’ return provided for by section 16-1153 , or, where commissioners are not appointed, at any time before a final order is made, the party upon whom the first or second order is served presents to the court presumptive proof, by affidavit, that the person, whose death was in question, is, or lately was, at a place certain, without the District of Columbia, the petitioner, at his own expense, may send one or both of the persons named in the first order to view him. If the person concealing or suspected of concealing the person upon whose life the prior estate depends, or the fact of his death, refuses or neglects to produce him or to procure him to be produced to the personal view of the persons sent for that purpose, the persons sent to view him shall make a true return of the refusal or neglect to the court, and the return shall be filed in the court. Thereupon, it shall be presumed that the tenant for life is dead, and the court shall issue an order permitting the petitioner to take possession of the real property, as if that person were actually dead.
(Dec. 23, 1963, 77 Stat. 570, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1154.
1973 Ed., § 16-1154.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter II - Proceedings to Discover the Death of a Tenant for Life › § 16–1155. Restoration of property to life tenant

§ 16–1155. Restoration of property to life tenant.
The possession of real property that has been awarded to a petitioner pursuant to this subchapter, upon the presumption of the death of the person upon whose life the prior estate depends, shall be restored, by an order of the court, to the person evicted, or to his heirs, or legal representatives, upon the petition of the latter, and proof, to the satisfaction of the court, that the person presumed to be dead is living. The proceedings upon such a petition are the same as those prescribed by this subchapter to be followed upon the petition of the person to whom possession is awarded.
(Dec. 23, 1963, 77 Stat. 570, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1155.
1973 Ed., § 16-1155.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter II - Proceedings to Discover the Death of a Tenant for Life › § 16–1156. Recovery of profits by person evicted

§ 16–1156. Recovery of profits by person evicted.
A person evicted, as prescribed by this subchapter, may, when the presumption upon which he is evicted is erroneous, maintain a civil action against the person who has occupied the property, or his executor or administrator, to recover the full profits of the property during the occupation, while the person, upon whose life the prior estate depends, is or was living.
(Dec. 23, 1963, 77 Stat. 570, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1156.
1973 Ed., § 16-1156.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter II - Proceedings to Discover the Death of a Tenant for Life › § 16–1157. Preservation of life tenants’ rights if living at time of return

§ 16–1157. Preservation of life tenants’ rights if living at time of return.
When a guardian, trustee, or other person holding an estate or interest determinable upon the life of another person, shows by affidavit or otherwise to the satisfaction of the court, that:
(1) he has used his utmost efforts to procure the tenant for life to appear in the court or elsewhere, according to the order of the court;
(2) he can not procure or compel him so to appear; and
(3) the tenant for life is or was living at the time of the return made and filed, as prescribed by this subchapter —
he may continue in the possession of the estate, and receive the rents and profits for and during the infancy of the infant, or for and during the life of any other person on whose life the estate or interest depends.
(Dec. 23, 1963, 77 Stat. 570, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1157.
1973 Ed., § 16-1157.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 11 - Ejectment and Other Real Property Actions › Subchapter II - Proceedings to Discover the Death of a Tenant for Life › § 16–1158. Persons holding over after life estate; damages

§ 16–1158. Persons holding over after life estate; damages.
A guardian or trustee for an infant, or other person having an estate determinable upon life or lives, who, after the determination of the particular estate or interest, without the express consent of the person or persons who is or are next and immediately entitled thereto, holds over and continues in possession of the real property, is a trespasser. Any person entitled to the real property upon or after the determination of the particular estate or interest, or his executor or administrator, may recover in damages against the person so holding over, or his executor or administrator, the full value of the profits received during the wrongful possession.
(Dec. 23, 1963, 77 Stat. 571, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1158.
1973 Ed., § 16-1158.
Cross References
Building lines, condemnation proceedings, application of law, see § 6-403.
Garbage, disposal sites, authorization to acquire by condemnation, see § 8-705.
Motor vehicle parking, property acquisition, see § 50-2603.
National Capital Housing Authority, powers and duties, condemnation proceedings, see § 6-101.02 Streets and alleys, closing procedures, in rem proceedings by Mayor, see § 9-202.11.
Streets and alleys, means for acquiring land, see § 9-203.02.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter I - General Provisions › § 16–1301. Jurisdiction of District Court

§ 16–1301. Jurisdiction of District Court.
The United States District Court for the District of Columbia has exclusive jurisdiction of all proceedings for the condemnation of real property authorized by subchapters IV and V of this chapter, with full power to hear and determine all issues of law and fact that may arise in the proceedings.
(Dec. 23, 1963, 77 Stat. 572, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 557, Pub. L. 91-358, title I, § 145(f)(1).)
Prior Codifications
1981 Ed., § 16-1301.
1973 Ed., § 16-1301.
Section References
This section is referenced in § 9-1203.06.
Cross References
Alley and street closings, acquisition authority, see § 9-203.02.
Assessment officials as expert witnesses in condemnation proceedings, see § 14-308.
Establishment of building lines on streets, acquisition authority, see § 6-403.
Insanitary buildings, condemnation, see § 6-901 et seq.
Low income housing, acquisition authority, see § 6-101.01.
Municipal center, acquisition authority, see § 10-601.
Parks, parkways and playgrounds, acquisition authority, see § 2-1009.
Pipeline rights of way, acquisition procedure, see § 34-2401.27.
Public roads, condemnation of materials for making and repairing, see § 9-1219.01.
Railroad company, acquisition authority, see § 9-1203.06.
Refuse incinerators, site acquisition authority, see § 8-705.
Subways or viaducts and approaches, acquisition authority, see § 9-1201.15.
Telegraph and telephone companies, acquisition authority, see § 34-1921.08.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter I - General Provisions › § 16–1302. Assignment of judge for condemnation cases

§ 16–1302. Assignment of judge for condemnation cases.
The chief judge of the United States District Court for the District of Columbia shall assign from time to time, and for such periods as he determines, one of the judges of the court to hear cases involving the condemnation of real property in the District of Columbia. In case of the disability of the judge so assigned, or for any other reason, the chief judge may assign any judge of the Court for service in condemnation cases.
(Dec. 23, 1963, 77 Stat. 572, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1302.
1973 Ed., § 16-1302.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter I - General Provisions › § 16–1303. Jurisdiction of Superior Court

§ 16–1303. Jurisdiction of Superior Court.
The Superior Court of the District of Columbia has jurisdiction of all proceedings for the condemnation of real property authorized by subchapters II and III of this chapter with full power to hear and determine all issues of law and fact that may arise in the proceedings.
(July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(2).)
Prior Codifications
1981 Ed., § 16-1303.
1973 Ed., § 16-1303.
Cross References
Community development, acquisition of property, see § 6-1005.
Eminent domain, jurisdiction, see § 16-1303.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter II - Real Property for District of Columbia › § 16–1312. Juries for condemnation proceedings

§ 16–1312. Juries for condemnation proceedings.
For purposes of this subchapter, a special jury list shall be prepared of not less than one hundred persons who are qualified jurors in the District of Columbia. When a jury is required for a condemnation proceeding under this subchapter, the names of such number of persons as may be necessary shall be selected from this list by lot and furnished to the Superior Court.
(Dec. 23, 1963, 77 Stat. 572, Pub. L. 88-241, § 1; Mar. 27, 1968, 82 Stat. 63, Pub. L. 90-274, § 103(d); July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(4).)
Prior Codifications
1981 Ed., § 16-1312.
1973 Ed., § 16-1312.
Section References
This section is referenced in § 16-1313 and § 16-1357.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter II - Real Property for District of Columbia › § 16–1313. Selection of jury; oath of jurors

§ 16–1313. Selection of jury; oath of jurors.
In each action brought pursuant to this subchapter, the court shall appoint, from among the persons whose names are drawn pursuant to section 16-1312 , a jury of five capable and disinterested persons, and shall administer to the persons so drawn an oath or affirmation that they:
(1) are not interested in any manner in the real property to be condemned;
(2) are not related to the parties interested in the property; and
(3) without favor or partiality, and to the best of their judgment, will appraise the value of the respective interests of all persons concerned in the property.
(Dec. 23, 1963, 77 Stat. 573, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1313.
1973 Ed., § 16-1313.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter II - Real Property for District of Columbia › § 16–1314. Declaration of taking; contents; deposit; transfer of title; determination; interest

§ 16–1314. Declaration of taking; contents; deposit; transfer of title; determination; interest.
(a) In an action pursuant to this subchapter, the plaintiffs may file in a cause, with the complaint or at any time before judgment, a declaration of taking, signed by the Mayor, declaring that the property is thereby taken for use of the District of Columbia. 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 property is taken;
(2) description of the property taken sufficient for the identification thereof;
(3) statement of the estate or interest in the property taken for public use;
(4) plan showing the property taken; and
(5) statement of the sum of money estimated by the Mayor to be just compensation for the property taken.
(b) Notwithstanding section 16-1319, upon the filing of the declaration of taking and 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, shall vest in the District of Columbia, and the property shall be deemed to be condemned and taken for the use of the District, and the right to just compensation therefor shall vest 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. 573, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(5); Apr. 30, 1988, D.C. Law 7-104, § 4(h), 35 DCR 147.)
Prior Codifications
1981 Ed., § 16-1314.
1973 Ed., § 16-1314.
Section References
This section is referenced in § 16-1315 and § 16-1316.
Mayor's Orders
Condemnation of Real Property for the New Convention Center, see Mayor’s Order 99-114, July 19, 1999 ( 46 DCR 6693).
Designation of the Department of Health, Environmental Health Administration, as the Lead State Agency for Asbestos Management Plan Approval in D.C. pursuant to the Asbestos Hazard Emergency Response Act, 15 U.S.C. 2645(b)(2), see Mayor’s Order 99-115, July 20, 1999 ( 46 DCR 6694).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter II - Real Property for District of Columbia › § 16–1315. Distribution of money deposited on declaration of taking; judgment for deficiency or overpayment; execution

§ 16–1315. Distribution of money deposited on declaration of taking; judgment for deficiency or overpayment; execution.
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 16-1314 , 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 or overpayment in the manner provided by subdivision (j) of rule 71A of the Federal Rules of Civil Procedure. A writ of execution may be issued on the judgment within the same time, and it shall have the same effect as a lien, and shall be executed and returned in the same manner, as if issued on any other judgment.
(Dec. 23, 1963, 77 Stat. 573, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1315.
1973 Ed., § 16-1315.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter II - Real Property for District of Columbia › § 16–1316. Time for surrender of possession under declaration of taking; adjustment of charges

§ 16–1316. Time for surrender of possession under declaration of taking; adjustment of charges.
Upon the filing of the declaration of taking provided for by section 16-1314 , 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 plaintiffs. The court may make such orders in respect of incumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as it deems just and equitable.
(Dec. 23, 1963, 77 Stat. 574, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1316.
1973 Ed., § 16-1316.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter II - Real Property for District of Columbia › § 16–1317. Objections to jurors; appraisement

§ 16–1317. Objections to jurors; appraisement.
The court, before accepting the jury in a condemnation proceeding pursuant to this subchapter, shall hear any objections that may be made to any member thereof, and may pass upon any objection, and may excuse any juror or cause any vacancy in the jury, when empaneled, to be filled. After the jury is organized and have viewed and examined the land and premises affected by the condemnation proceeding, they shall proceed, in the presence of the court, to hear and receive any evidence offered or submitted on behalf of the District of Columbia and by any person having an interest in the proceeding. When the hearing is concluded, the jury, or a majority of them, shall return to the court, in writing, their appraisement of the value of the interests of all persons, respectively, in the real property, where the appraisement shall be recorded. In making their decision, the jury shall take into consideration, when a part only is taken, the benefit to the remainder of the tract, and shall give their appraisement accordingly.
(Dec. 23, 1963, 77 Stat. 574, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1317.
1973 Ed., § 16-1317.
Section References
This section is referenced in § 16-1318 and § 16-1319.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter II - Real Property for District of Columbia › § 16–1318. Objections or exceptions to appraisement; new jury

§ 16–1318. Objections or exceptions to appraisement; new jury.
(a) Objections or exceptions to an appraisement of the jury pursuant to section 16-1317 may be filed within twenty days after the return of the appraisement to the court. The court shall hear and determine any objections or exceptions so filed, and may vacate and set aside the appraisement, in whole or in part, when satisfied that it is unjust or unreasonable. If the appraisement is vacated and set aside, the court shall order the necessary number of new persons selected from the special jury list and, from among the persons so selected, shall appoint a new jury of five capable and disinterested persons who shall proceed as in the case of the first jury. The appraisement of the new jury shall be final when confirmed by the court.
(b) When an appraisement is vacated in part, the residue thereof as to the property condemned is not affected thereby.
(Dec. 23, 1963, 77 Stat. 574, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(6).)
Prior Codifications
1981 Ed., § 16-1318.
1973 Ed., § 16-1318.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter II - Real Property for District of Columbia › § 16–1319. Payment of award; transfer of title

§ 16–1319. Payment of award; transfer of title.
If the appraisement of the jury pursuant to section 16-1317 is not objected to by the parties interested, it shall be confirmed by the court, or, if the appraisement of the new jury is confirmed by the court, the Mayor shall pay the amount awarded by the jury out of the appropriation made therefor or deposit it in the manner as directed by section 9-1217.24 [repealed], and thereupon the title to the property condemned shall vest in the District of Columbia.
(Dec. 23, 1963, 77 Stat. 574, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(7); Apr. 30, 1988, D.C. Law 7-104, § 4(i), 35 DCR 147.)
Prior Codifications
1981 Ed., § 16-1319.
1973 Ed., § 16-1319.
Section References
This section is referenced in § 16-1314.
References in Text
Section 9-1217.24, referred to in this section, was repealed by D.C. Law 4-201,§ 19, effective March 10, 1983.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter II - Real Property for District of Columbia › § 16–1320. Fixing time for return of verdict

§ 16–1320. Fixing time for return of verdict.
In every case involving the condemnation of real property under this subchapter, at the close of the hearing thereof, the court shall fix a time in which the jury shall return its verdict or the report to the court the reasons why the verdict or appraisement can not be returned by the time fixed. The court has discretion to extend the time for the return of the verdict or appraisement.
(Dec. 23, 1963, 77 Stat. 575, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1320.
1973 Ed., § 16-1320.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 13 - Eminent Domain › Subchapter II - Real Property for District of Columbia › § 16–1321. Abandonment of proceedings; liability

§ 16–1321. Abandonment of proceedings; liability.
In a condemnation proceeding pursuant to this subchapter, it is optional with the Mayor to abide by the verdict of the jury and occupy the property appraised by them, or, within a reasonable time to be fixed by the court in its order confirming the verdict, to abandon the proceeding. If the proceeding is abandoned, the court shall award to the owner or owners of the property involved therein such sum or sums as will in the opinion of the court reimburse the owner or owners for all reasonable costs and expenses, including reasonable counsel fees, incurred by him or them in the proceeding. The sum or sums so awarded constitute a judgment or judgments against the District of Columbia. An owner is not entitled to the reimbursement in any case where the proceeding is abandoned at the request, or with the consent, of the owner of the property.
(Dec. 23, 1963, 77 Stat. 575, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(7); Mar. 24, 1998, D.C. Law 12-81, § 10(p), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-1321.
1973 Ed., § 16-1321.
Section References
This section is referenced in § 7-1231.14.
Cross References
Philadelphia, Baltimore, and Washington Railroad Company, acquisition authority, see § 9-1203.06.
Eminent domain, jurisdiction, see § 16-1303.
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 › § 16–1331. Acquisition of property in excess of needs

§ 16–1331. 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, the Mayor of the District of Columbia 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, 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 hardship to the owners of adjacent private property by depriving them of the beneficial use of their property.
(Dec. 23, 1963, 77 Stat. 575, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(8); Apr. 30, 1988, D.C. Law 7-104, § 4(j), 35 DCR 147.)
Prior Codifications
1981 Ed., § 16-1331.
1973 Ed., § 16-1331.
Cross References
Public lands acquisition and sale, see § 10-801 et seq.
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 › § 16–1332. Sale of excess property; restrictions on use; fair market value; disposition of moneys

§ 16–1332. Sale of excess property; restrictions on use; fair market value; disposition of moneys.
(a) The Mayor of the District of Columbia may, with the consent of the Council in accordance with section 10-801, upon completion of public improvements:
(1) subdivide, and sell, at public or private sale, or exchange, any excess real property acquired pursuant to this subchapter; and
(2) to carry out such purposes, convey any property acquired in excess of that actually needed and which is not essential to the usefulness of the public works —
with such reservations concerning the future use and occupation of the property as, in the Mayor’s discretion, may be necessary to protect the public improvements.
(b) Property sold under this section shall be sold at not less than the fair market value at the time sold, as determined by appraisement of the assessor of the District of Columbia.
(c) Moneys received from sales or transfers of properties pursuant to this subchapter shall be covered into the Treasury of the United States to the credit of the revenues of the District of Columbia.
(Dec. 23, 1963, 77 Stat. 575, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(9); Apr. 30, 1988, D.C. Law 7-104, § 4(k), 35 DCR 147; Mar. 15, 1990, D.C. Law 8-96, § 6, 37 DCR 795; Mar. 24, 1998, D.C. Law 12-81, § 10(q), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-1332.
1973 Ed., § 16-1332.
Section References
This section is referenced in § 16-1333.
Editor's Notes
Disposal of surplus real property: Section 2 of D.C. Law 8-96 provided that for the purposes of this act, the term “real property” means land titled in the name of the District of Columbia (“District”) or in which the District has a controlling interest and includes all structures of a permanent character erected thereon or affixed thereto, any natural resources located thereon or thereunder, all riparian rights attached thereto, or any air space located above or below the property or any street or alley under the jurisdiction of the Mayor.
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 › § 16–1333. Notice of sale of excess property

§ 16–1333. Notice of sale of excess property.
When excess real property is to be sold pursuant to section 16-1332 , notice of not less than twenty days before the sale shall be published in a daily newspaper published in the District of Columbia, and notice shall be sent before the sale, by registered mail or by certified mail, to the last-known address of the persons listed on the records of the assessor of the District as the owners of the property abutting on the property to be sold.
(Dec. 23, 1963, 77 Stat. 576, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-1333.
1973 Ed., § 16-1333.