§ 6–1005. Acquisition and disposition of real property.

(a) Real property acquired for the purposes of this subchapter shall be acquired pursuant to subchapter II of Chapter 13 of Title 16. No such property shall be acquired unless its acquisition be authorized by the Council after notice of public hearing.

(b) Real property may also be acquired through gift, donation, bequest, assignment, or voluntary sale by the owner.

(c)(1) For the purposes of this subchapter, the Mayor may dispose of any real property owned by the District of Columbia by negotiation or public or private bid, on such terms and conditions as he deems necessary to accomplish the purposes of the subchapter with the consent of the Council, provided that prior to any such disposition there shall be a public hearing on the proposed terms and conditions after at least 30 days public notice. A proposed disposition shall be in accordance with § 10-801(c)-(e). Each proposed disposition shall be submitted to the Council for approval, in whole or in part, by resolution.

(2) The proposed resolution to provide for the disposition of real property pursuant to paragraph (1) of this subsection shall be submitted to the Council for a 90-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed disposition of the property, in whole or in part, by resolution within the 90-day period, the proposed resolution 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.

(2A)(A) Approval of the resolution pertaining to the disposition or offering document by the Council under paragraph (1) of this subsection shall expire one year after the effective date of the approval resolution unless an exclusive right agreement has been executed, subject to the provisions of this section. If the Mayor determines before the end of the one-year period that the property cannot be disposed of, or that an exclusive right agreement pertaining to the property cannot be executed, within the one-year period, the Mayor may submit to the Council, no later than 30 days, not including Saturdays, Sundays, legal holidays or days of Council recess, before the end of the one-year period, a resolution seeking additional time for the execution of an exclusive right agreement pertaining to the property. The resolution shall include a detailed status report on efforts made toward execution of an exclusive right agreement pertaining to the property and the reasons for the inability to execute an exclusive right agreement pertaining to the property within the one-year period. If the Council does not take action to approve or disapprove the resolution within 30 days of receipt of the resolution, not including Saturdays, Sundays, legal holidays, or days of Council recess, the resolution shall be deemed approved.

(B)(i) If an exclusive right agreement is executed pertaining to property to be disposed of under this section, the agreement shall expire one year after the date of execution of the agreement unless:

(I) A land disposition agreement has been executed, subject to the provisions of this section; or

(II) The Mayor grants an extension of the expiration date, not to exceed 12 months. An extension shall be based on a determination that special factors exist justifying the extension. Factors considered shall include the need for zoning changes, historic preservation, street and alley closings, abatement of environmental hazards, and taking by eminent domain.

(ii) If the Mayor determines before the end of the two-year period that no land disposition agreement can be executed within the two-year period, the Mayor may submit to the Council, no later than 30 days, not including Saturdays, Sundays, legal holidays or days of Council recess, before the end of the two-year period a resolution seeking additional time for the disposition of the property. The resolution shall include a detailed status report on efforts made toward disposition of the property and the reasons for the inability to dispose of the property within the two-year period. If the Council does not take action to approve the resolution within the 30-day period, the resolution shall be deemed approved.

(3) For real property under the jurisdiction of the Board of Education (“Board”) that the Board has determined to be no longer needed for educational purposes and for which jurisdiction has been transferred by the Board to the Mayor for disposal in accordance with the provisions of this subchapter, the Mayor shall submit to the Council a report on whether the Mayor intends for the property to be used by another agency of the District government. The report shall be submitted to the Council by the Mayor within 90 days of the transfer of the property to the Mayor by the Board. If the report is not submitted to the Council within the 90-day period, the Mayor shall dispose of the property in accordance with the provisions of this subchapter and shall transmit to the Council the resolution required by paragraph (1) of this subsection within 180 days of the date of the transfer of the property to the Mayor by the Board.

(Dec. 16, 1975, D.C. Law 1-39, § 6, 22 DCR 3450; Mar. 15, 1990, D.C. Law 8-96, § 5, 37 DCR 795; Sept. 11, 1990, D.C. Law 8-158, § 4, 37 DCR 4167; Apr. 3, 2001, D.C. Law 13-226, § 3(b), 48 DCR 1603.)

Prior Codifications

1981 Ed., § 5-905.

1973 Ed., § 5-1005.

Section References

This section is referenced in § 10-801.

Effect of Amendments

D.C. Law 13-226 added subsec. (2A).

Cross References

Board of Education Real Property Improvement and Maintenance Fund, see § 10-802.

Emergency Legislation

For temporary (90-day) amendment of section, see § 3(b) of the Redevelopment Land Agency Disposition Review Emergency Amendment Act of 2000 (D.C. Act 13-431, August 14, 2000, 47 DCR 7462).

For temporary (90 day) amendment of section, see §§ 3(b) and 6(b) of the Redevelopment Land Agency Disposition Review Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-524, January 11, 2001, 48 DCR 624).

Editor's Notes

For a requirement that the Office of Planning provide to the Council a report giving additional guidance on the District's current and future needs for Production Distribution and Repair (PDR) land, see §§ 4 and 6(b)(1) of D.C. Law 24-20, the Comprehensive Plan Amendment Act of 2021.

Community Development Block Grant Program: Pursuant to Resolution 7-288, the “Community Development Block Grant Program Approval and Disapproval Resolution of 1988,” effective July 12, 1988, the Council approved the District of Columbia’s final statement of community development objectives and projected use of funds for the Fourteenth Year Community Development Block Grant Program, authorized the filing of the final statement, approved the Fourteenth Year Community Development Block Grant Program Description, approved budget modifications for the Fifth, Sixth, Seventh, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Year Community Development Block Grant Programs, approved modifications of Construction Assistance Program activities included in the Thirteenth Year Final Statement of Community Development Objectives and Projected Use of Funds and the Thirteenth Year Community Development Block Grant Program, and approved a modification to the 13th Year Community Development Block Grant Program Description.

Center Leg Freeway Air Rights Development Approval Resolution of 1990: Pursuant to Resolution 8-333, effective January 11, 1991, the Council approved the proposal of the Washington Development Group, Inc., to develop the air space above the Center Leg Freeway (I-395), bounded by Mass. Ave., E, 2nd, and 3rd Street, N.W.

Proposal to Acquire Land Underlying the Whitelaw Hotel Emergency Approval Resolution of 1991: Pursuant to Resolution 9-143, effective November 22, 1991, the Council approved, on an emergency basis, a proposal to acquire and leaseback a parcel of land pursuant to the District of Columbia Land Acquisition for Housing Development Opportunities (“LAHDO”) Program.

Unsolicited Proposal to Develop a Portion of Land Located at Benning Road Between Hanna Place and H Street, S.E. Emergency Approval Resolution of 1992

Pursuant to Resolution 9-300, effective July 7, 1992, the Council approved, on an emergency basis, acceptance of an unsolicited proposal to acquire and develop a portion of land located at Benning Road Between Hanna Place and H Street, S.E.

Proposal to Acquire Land Underlying the Savannah Park Apartments Emergency Approval Resolution of 1992: Pursuant to Resolution 9-306, effective July 24, 1992, the Council approved, on an emergency basis, a proposal to acquire land underlying the Savannah Park Apartments.

Unsolicited Proposal to Acquire and Develop Parcel 23-A in the 14th Street Urban Renewal Area Emergency Approval Resolution of 1993: Pursuant to Resolution 10-164, effective October 22, 1993, the Council approved, on an emergency basis, a development proposal to develop Parcel 23-A located at 1333 Belmont Street, N.W. and legally described as Lot 120 in Square 2868.

Acceptance of a Proposal for the Negotiated Disposition and Rehabilitation of the Roosevelt for Senior Citizens Resolution of 1994: Pursuant to Resolution 10-354, effective May 3, 1994, the Council approved a proposal submitted by Access Housing, Inc. for a negotiated disposition and rehabilitation of the Roosevelt for Senior Citizens, 2101 16th Street, N.W.

Unsolicited Proposal Submitted by the Potomac Electric Power Company for the Negotiated Disposition of 1501 Alabama Street, S.E., Approval Resolution of 1994: Pursuant to Resolution 10-481, effective December 6, 1994, the Council approved an unsolicited proposal submitted by the Potomac Electric Power Company for the negotiated disposition of 1501 Alabama Street, S.E.

Unsolicited Proposal Submitted by IDS/Turner Limited Partnership for the Negotiated Disposition of Square 4120, Lot 800 Approval Resolution of 1994: Pursuant to Resolution 10-482, effective December 6, 1994, the Council approved an unsolicited proposal submitted by IDS/Turner Limited Partnership for the negotiated disposition of Square 4120, Lot 800 located at 18th and Bryant Streets, N.E.

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.

Unsolicited Proposal to Develop the Martin Luther King, Jr., Development, Lot 829, Square 5770 Approval Resolution of 1996: Pursuant to Resolution 11-365, effective June 4, 1996, Council reviewed an approved an Unsolicited Proposal to Develop Lot 829, Square 5770, located at 1909—1913 Martin Luther King, Jr., Avenue, N.W., and legally described as Lot 829, Square 5770.

Unsolicited Proposal Submitted by Crane Rental Company for the Negotiated Disposition of Property located in Lots 227 and 900 in Square 4107, and Lots 826 and 827 in Square 4103, on W Street, N.E., Approval Resolution of 1996: Pursuant to Resolution 11-366, effective June 4, 1996, Council reviewed and approved an Unsolicited Proposal submitted by Crane Rental Company for the negotiated disposition of property located in Lots 227 and 900 in Square 4107, and Lots 826 and 827 in Square 4103, on W Street, N.E.

Negotiated Disposition of Property Located in Square 272, Lot 45, in the 1200 block of V Street, N.W., to Donatelli & Klein, Inc., Approval Resolution of 1996: Pursuant to Resolution 11-367, effective June 4, 1996, Council approved a negotiated disposition of property located in Square 272, Lot 45, at the intersections of 13th Street, N.W., 12th Street, N.W., V Street, N.W., and W Street, N.W., to Donatelli & Klein, Inc.

Request for Offers for the Disposition for the Roosevelt Apartment for Senior Citizens, 2101 16th Street, N.W., Lot 802, in Square 188, Approval Resolution of 1996: Pursuant to Resolution 11-633, effective December 3, 1996, Council approved the Request for Offers for the disposition of the Roosevelt Apartment for Senior Citizens located at 2101 16th Street, N.W., and legally described as Lot 802, Square 188, in Ward 1.

Unsolicited Proposal to Develop the Anacostia Northern Gateway Project Approval Resolution of 1997: Proposed Resolution 12-0111, the “Unsolicited Proposal to Develop the Anacostia Northern Gateway Project Approval Resolution of 1997” was deemed approved, effective Feb. 12, 1997.

Sections 4 to 6 of D.C. Law 17-253 provided:

“Sec. 4. Certain permanent easements authorized.

“Notwithstanding the procedures and requirements set forth in An Act Authorizing the sale of certain real estate in the District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code § 10-801 et seq.), the Mayor may:

“(1) Grant, for a period of greater than 20 years, subsurface easements under the portions of 2nd Street, N.W., and 3rd Street, N.W., between Massachusetts Avenue, N.W., and E Street, N.W., and the portion of Massachusetts Avenue, N.W., between 2nd Street, N.W., and 3rd Street, N.W., for the purposes of the construction and maintenance of a deck or other supporting structure beneath the streets and for the occupancy of the easement area by such deck and structures and for other purposes consistent with the land disposition agreement to be entered into pursuant to the Center Leg Freeway (Interstate 395) Fee and Air Rights Disposition Emergency Approval Resolution of 2007, effective July 10, 2007 (Res. 17-291; 54 DCR 7461) (‘Disposition Approval Resolution’); and

“(2) Convey to the Purchaser, as such term is defined in the Disposition Approval Resolution, the real property on which the current Interstate 395 approach and exit ramps (‘highway ramps’) within the Property, as the term ‘Property’ is defined in the Disposition Approval Resolution, are located, in accordance with the following conditions:

“(A) If a current highway ramp is relocated within the Property, the Mayor may convey to the Purchaser fee title to the real property from which the former highway ramp was removed if the District receives from the Purchaser, at the same time that the real property from which the former highway ramp was removed is conveyed to the Purchaser, fee title from the Purchaser to the real property (which may exclude the air rights beginning at 14 feet 6 inches above the upper surface of the pavement of the ramp) upon which the new highway ramp and associated and supporting structures are constructed.

“(B) If a current highway ramp is removed, the Mayor may convey to the Purchaser fee title to the real property from which the ramp was removed if the Purchaser pays to the District fair market value for the real property as such fair market value is calculated pursuant to the Appraisal, as such term shall be defined in the land disposition agreement to be entered into pursuant the Disposition Approval Resolution.

“Sec. 5. Authorization to enter into a contract for the relocation of the shared computer center.

“Notwithstanding the procedures and requirements set forth in the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.), the Mayor may enter into a contract or other agreement whereby the purchaser of the property authorized to be disposed of pursuant to the Center Leg Freeway (Interstate 395) Fee and Air Rights Disposition Emergency Approval Resolution of 2007, effective July 10, 2007 (Res. 17-291; 54 DCR 7461) (‘Disposition Approval Resolution’), or a designee of the purchaser approved by the Mayor, shall relocate the Shared Computer Center from the Property, as the term ‘Property’ is defined in the Disposition Approval Resolution, to a site designated by the District and shall be compensated for the costs associated with the relocation, including, if applicable, the costs of the design, improvement, and physical relocation of the equipment and other features of the Shared Computer Center and the leasing of a new location for the Shared Computer Center.

“Sec. 6. Certified business enterprise participation.

“The entities identified in section 2(b)(14)(A) of the Center Leg Freeway (Interstate 395) Fee and Air Rights Disposition Emergency Approval Resolution of 2007, approved July 10, 2007 (Res. 17-291; 54 DCR 7461) (‘Disposition Approval Resolution’) shall be considered, with respect to the development project on the Property, as the term ‘Property’ is defined in the Disposition Approval Resolution, fully qualified local, small, and disadvantaged business enterprises under section 2349a of the Small, Local, and Disadvantaged Business Enterprises Development and Assistance Act of 2005, effective March 2, 2007 (D.C. Law 16-33; D.C. Official Code § 2-218.49a).”

Delegation of Authority

Delegation of Authority to Approve or to Disapprove the Acquisition and Disposition of Real Estate, by Sale, Lease or Otherwise, see Mayor’s Order 2003-161, November 17, 2003 ( 50 DCR 10197).

Delegation of Authority to the Deputy Mayor for Planning and Economic Development—Authority to Acquire Real Property and Undertake Capital Improvements at Marvin Gaye Park, see Mayor’s Order 2009-2, January 8, 2009 ( 56 DCR 2015).

Delegation of Authority to the Department of Housing and Community Development—Monitoring and Enforcement of Affordable Dwelling Unit Requirements, see Mayor’s Order 2009-112, June 18, 2009 ( 56 DCR 6859).