§ 6-101.02. National Capital Housing Authority--Designation of agency; powers generally; approval of plans; condemnation proceedings.

Current through October 23, 2012

(a) The Mayor of the District of Columbia may designate, for the purpose of carrying out the provisions of this subchapter and subchapter II of this chapter, such official or agency of the government of the United States or of the District of Columbia (hereinafter referred to as "the Authority") as in his judgment is deemed necessary or advantageous, and the Authority shall have or obtain all powers necessary or appropriate therefor, including the employment of necessary personal services; but:

(1) All plans for replatting and/or method of condemnation under the provisions of this subchapter and subchapter II of this chapter, shall be submitted to and receive the written approval of the National Capital Planning Commission and of the Mayor of the District of Columbia; provided, however, that:

(A) Failure of the National Capital Planning Commission or of the Mayor of the District of Columbia to formally approve or disapprove in writing within 60 days after a plan has been submitted shall be equivalent to a formal approval; and

(B) Disapproval shall be accompanied by a written statement giving all the reasons for disapproval; and

(2) Any plan which shall involve action by any department, bureau, or agency of the United States or of the District of Columbia shall be made after consultation with such department, bureau, or agency.

(b) In the event condemnation proceedings are required to carry out the provisions of this subchapter and subchapter II of this chapter, the same shall be conducted in accordance with the provisions of Chapter 13 of Title 16.

(c) If the Authority determines in the case of any alley that it will be more advantageous to proceed in accordance with §§ 9-202.01 and 9-202.02, the Mayor of the District of Columbia shall be notified of such determination and proceedings shall then be had as provided in such sections for alleys and minor streets, except that if the total amount of damages awarded by the jury and the cost and expenses of the proceedings be in excess of the total amount of the assessment for benefits, such excess shall be borne and paid by the Authority.

                
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(June 12, 1934, 48 Stat. 931, ch. 465, § 2; July 29, 1970, 84 Stat. 587, Pub. L. 91-358, title I, § 166(a); May 10, 1989, D.C. Law 7-231, § 15, 36 DCR 492.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 5-103.

1973 Ed., § 5-104.

Legislative History of Laws

Law 7-231, the "Technical Amendments Act of 1988," was introduced in Council and assigned Bill No. 7-586, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 29, 1988 and December 13, 1988, respectively. Signed by the Mayor on January 6, 1989, it was assigned Act No. 7-285 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

"National Capital Planning Commission" was substituted for "National Capital Park and Planning Commission" in the introductory language in paragraph (1) of subsection (a) of this section and in subparagraph (A) of that paragraph in view of the Act of June 6, 1924, ch. 270, § 9, as added by the Act of July 19, 1952, 66 Stat. 790, ch. 949, § 1, which transferred the functions, powers, and duties of the National Capital Park and Planning Commission to the National Capital Planning Commission.

The functions of the National Capital Housing Authority were transferred to the Department of Public and Assisted Housing by Reorganization Plan No. 1 of 1987, effective December 15, 1987.

Delegation of Authority

Delegation of Authority to Implement the Provisions of the District of Columbia Alley Dwelling Act, see Mayor's Order 88-30, December 15, 1987; Mayor's Order 88-161, December 15, 1987.