§ 42-3108. Burden of proof.

Current through October 23, 2012

The plaintiff must establish that a drug-, firearm-, or prostitution-related nuisance exists by a preponderance of the evidence. Once a reasonable attempt at notice is made pursuant to § 42-3103, the owner of the property shall be presumed to have knowledge of the drug-, firearm-, or prostitution-related nuisance. A plaintiff is not required to make any further showing that the owner knew, or should have known, of the drug-, firearm-, or prostitution-related nuisance to obtain relief under § 42-3110 or § 42-3111.

                
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(Mar. 26, 1999, D.C. Law 12-194, § 9, 45 DCR 7982; Apr. 4, 2006, D.C. Law 16-81, § 3(b), 53 DCR 1050; Nov. 6, 2010, D.C. Law 18-259, § 7(b), 57 DCR 5591.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 45-3308.

Effect of Amendments

D.C. Law 16-81 substituted "drug or prostitution-related" for "drug-related".

D.C. Law 18-259 substituted "drug-, firearm-, or prostitution-related" for "drug or prostitution-related".

Temporary Addition of Section

See Historical and Statutory Notes following § 42-3101.

Emergency Act Amendments

For temporary addition of chapter, see notes to § 42-3101.

Legislative History of Laws

For legislative history of D.C. Law 12-194, see Historical and Statutory Notes following § 42-3101.

For Law 16-81, see notes following § 42-3101.

For history of Law 18-259, see notes under § 42-3101.