§ 2-1219.19. Eminent domain.[Repealed]

Prior Codifications

1981 Ed., § 1-2295.19.

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(c) of the National Capital Revitalization Corporation Eminent Domain Clarification and Skyland Eminent Domain Approval Temporary Amendment Act of 2004 (D.C. Law 15-193, Sept. 30, 2004, law notification 51 DCR 9804).

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(c) of National Capital Revitalization Corporation Eminent Domain Clarification and Skyland Eminent Domain Approval Emergency Amendment Act of 2004 (D.C. Act 15-440, May 21, 2004, 51 DCR 5967).

For temporary (90 day) amendment of section, see § 2(c) of National Capital Revitalization Corporation Eminent Domain Clarification and Skyland Eminent Domain Approval Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-515, August 2, 2004, 51 DCR 8983).

For temporary (90 day) amendment of section, see § 201(a)(1) of Anacostia Waterfront Corporation Emergency Act of 2004 (D.C. Act 15-586, November 1, 2004, 51 DCR 10681).

For temporary (90 day) addition, see § 2 of Skyland Eminent Domain Reauthorization Emergency Act of 2007 (D.C. Act 17-204, November 27, 2007, 54 DCR 11910).

Legislative History of Laws

For legislative history of D.C. Law 12-144, see Historical and Statutory Notes following § 2-1219.01.

Law 15-219, the "Anacostia Waterfront Corporation Act of 2004", was introduced in Council and assigned Bill No. 15-616, which was referred to the Committee on Economic Development. The Bill was adopted on first and second readings on June 29, 2004, and July 13, 2004, respectively. Signed by the Mayor on August 5, 2004, it was assigned Act No. 15-527 and transmitted to both Houses of Congress for its review. D.C. Law 15-219 became effective on December 7, 2004.

For Law 15-286, see notes following § 2-1219.01.

For Law 16-191, see notes following § 2-1217.71.

For Law 17-138, see notes following § 2-1219.01.

Miscellaneous Notes

Section 2 of D.C. Law 15-286 provides:

"Sec. 2. Eminent domain authorization for Skyland Shopping Center redevelopment project.

"(a) The Council finds the following:

"(1) The communities east of the Anacostia River, including the areas near the Skyland Shopping Center, have lagged behind other communities in the District in economic development and have the highest unemployment rates in the District.

"(2) Wards 7 and 8 including the neighborhoods surrounding the Skyland Shopping Center remain economically depressed and underserved by the amenities enjoyed by the rest of the District and nearby Maryland.

"(3) One of the key reasons why these areas lag behind is because certain critical commercial locations are run down or blighted.

"(4) The Skyland Shopping Center is a blighting factor in the Hillcrest and nearby communities.

"(5) The Skyland Shopping Center is characterized by underused, neglected, and poorly maintained properties.

"(6) These poor conditions of the Skyland Shopping Center have fueled crime and attracted criminal elements to the site and is likely to have increased the incidence of crime in the surrounding neighborhoods.

"(7) The Skyland Shopping Center has been the site of a significant amount of stray and illegally dumped garbage, which the current owners have not removed in a timely manner and which has created an eyesore and nuisance in the community.

"(8) The layout of the current shopping center is unsafe for both motorists and pedestrians.

"(9) The fragmented and often absentee ownership of the properties has exacerbated these problems by allowing individual owners to avoid responsibility for safety and the reduction of crime, trash, and other blighting factors.

"(10) Neither the police nor the community have been able to secure the cooperation of the current owners to deal with the numerous problems at the site despite years of efforts.

"(11) For over 15 years, residents near the shopping center have petitioned the District to become involved in the redevelopment of the area and the correction of conditions at the site.

"(12) The National Capital Revitalization Corporation ("Corporation") has advised the Council that the Skyland Shopping Center is blighted and that current conditions are an impediment to the economic revitalization of this area of the District.

"(13) The Corporation has proposed a redevelopment of the Skyland Shopping Center that will create hundreds of new jobs, attract businesses that are desired by the community, and stimulate economic activity east the Anacostia River.

"(14) The assemblage of the properties comprising the Skyland Shopping Center is necessary to allow for the proposed redevelopment and it is highly unlikely that the properties could be assembled without the involvement of the District government and without the authority to exercise eminent domain by the Corporation.

"(15) The assemblage of the properties comprising the Skyland Shopping Center and the construction of a new shopping center on the site, guided by the policies and requirements of the District government including the Corporation, will further many important public purposes including:

"(A) Removal of unsafe and unsanitary conditions;

"(B) Reduction of the incidence of crime;

"(C) Removal of garbage and other eyesores;

"(D) Reorganization and reorientation of the site to make it safer and more attractive;

"(E) Expansion of economic opportunities for residents of Wards 7 and 8;

"(F) Provision of needed job opportunities for residents of Wards 7 and 8;

"(G) Provision of needed retail options and other amenities for residents of Wards 7 and 8;

"(H) Revitalization of an economically distressed community; and

"(I) Increasing and diversifying the tax base of the District.

"(16) The properties listed and described in section 20(c)(1) of the National Capital Revitalization Corporation Act of 1998, effective September 11, 1998 (D.C. Law 12-144; D.C. Official Code § 2-1219.19(c)(1)) are necessary and desirable for the public use."

Skyland Site Acquisition : Sections 2 and 3 of D.C. Law 15-302 provide:

"Sec. 2. Findings.

"The Council finds:

"(1) The Skyland Shopping Center is rundown, underutilized, and contributes to blight in the Southeast Washington neighborhood.

"(2) The National Capital Revitalization Corporation has initiated a redevelopment plan for the site and selected a project developer.

"(3) To begin implementation of the redevelopment plan, it is necessary that land parcels be assembled.

"(4) The making of a grant to assist in financing the acquisition of parcels at the shopping center for subsequent redevelopment will provide social and economic benefits to residents of the District of Columbia, contribute to community betterment, and further the public interest.

"Sec. 3. Authority to provide funds.

"The Mayor may provide up to $2 million to the National Capital Revitalization Corporation ("Corporation") to assist the Corporation in financing costs of acquiring land and making improvements on Squares 5632 and 5634, as listed and described in the land records of the District of Columbia, in order to assist in the redevelopment of the Skyland Shopping Center."