(a) The Mayor of the District of Columbia is authorized to acquire, by purchase at such price or prices as, in his judgment, he may deem reasonable and fair, or in the discretion of the Mayor, by condemnation, in accordance with the provisions of Chapter 13 of Title 16, under a proceeding or proceedings in rem instituted in the Superior Court of the District of Columbia, 2 suitable and properly located sites in the District of Columbia, 1 in the southeastern section not exceeding 100,000 square feet in area, and 1 in Georgetown, not exceeding 49,000 square feet in area: Provided, that the location of said sites shall be approved by the National Capital Planning Commission before purchase or the institution of proceedings for condemnation thereof; provided, that if the said sites or any part thereof be condemned the said Mayor shall be entitled to enter immediately into possession of any property for which an award shall have been made by paying the amount of such award into the registry of the Superior Court of the District of Columbia; provided further, that authority is hereby granted to occupy, in addition to the site to be acquired in the southeastern section, such public highways and alleys or parts of public highways and alleys as abut or fall within said site, but the owners of abutting property shall not be denied the use of such highways or parts of highways for ingress and egress.
(b) Nothing shall prevent the Mayor from designating, selecting, or acquiring another site or sites that may be suitable for the purpose of refuse disposal. Any proposed site selected by the Mayor after October 9, 1987, shall be submitted to the Council of the District of Columbia (“Council”) for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed site, in whole or in part, by resolution within this 45-day review period, the proposed site shall be deemed approved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.
CREDIT(S)
(Mar. 4, 1929, 45 Stat. 1549, ch. 688, § 1; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 571, Pub. L. 91-358, title I, §§ 155(c)(21), 166(c); Oct. 9, 1987, D.C. Law 7-38, § 6, 34 DCR 5326.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-505.
1973 Ed., § 6-505.
Legislative History of Laws
Law 7-38, the “Litter Control Expansion Amendment Act of 1987,” was introduced in Council and assigned Bill No. 7-169, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on June 30, 1987, and July 14, 1987, respectively. Signed by the Mayor on July 23, 1987, it was assigned Act No. 7-66 and transmitted to both Houses of Congress for its review.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Transfer of Functions
The functions, powers and duties of the National Capital Park and Planning Commission were transferred to the National Capital Planning Commission by the Act of July 19, 1952, 66 Stat. 790, ch. 949, § 1.