1
___________________________ 1
Chairman Phil Mendelson 2
3
4
5
6
7
A BILL 8
9
____________ 10
11
12
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 13
14
_________________ 15
16
17
To authorize the Mayor to repair and restore certain covenanted roads in the District of Columbia 18
with or without the consent of the property owner; to authorize the Mayor to obtain 19
appropriate releases and indemnification from adjacent property owners; and to authorize 20
the Mayor to recover expenses from private property owners on behalf of the District. 21
22
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 23
act may be cited as the “Restoration of Covenanted Roads and Alleys by the District Government 24
Act of 2024.” 25
Sec. 2. Restoration of certain private roads, alleys, and rights of way by the District. 26
(a) The Mayor may repair or restore a privately owned road, alley, and other right of way 27
(“private right of way”) described in subsection (b) of this section to such condition as the Mayor 28
deems appropriate for the passage of motor vehicles owned or operated by the District 29
government, and the Mayor may enter such private right of way for the purpose of such repair or 30
restoration with or without the consent of the owner of the property. 31
(b) The private right of way referred to in subsection (a) of this section is private property 32
which meets each of the following conditions: 33 2
(1) The owner has covenanted to the District that the private property shall be 34
subject to an easement and right of way for the passing of all or some motor vehicles, or has 35
otherwise provided such an easement and right of way to the District; 36
(2) The District government frequently uses, or in the event of emergency, would 37
likely use, the private property for the passage of a District government motor vehicle; 38
(3) The owner of the private property has failed to maintain the easement in a 39
condition suitable, as determined in the Mayor’s sole discretion, for the passing of motor 40
vehicles by the District government; and 41
(4) The Mayor, after reasonable effort, has been unable to locate the owner of the 42
private property. 43
(c) Before repairing or restoring a private right of way under this section, the Mayor may, 44
as a precondition to such repair or restoration: 45
(1) Require each owner of private property adjacent to the private right of way, 46
and each owner of property potentially impacted by the repair or restoration of the private right 47
of way, to provide a release of liability and indemnification related to the repair or restoration; 48
and 49
(2) Require such other releases and indemnifications, and impose such other 50
conditions, except as to cost, as the Mayor deems appropriate. 51
(d)(1) If the covenant referred to in subsection (b)(1) of this section requires the owner of 52
the private right of way to maintain the private right of way in a condition suitable for the 53
passage of motor vehicles, the Mayor may recover from the owner of the private right of way up 54
to 3 times the cost and expenses incurred by the District under this section for the repair and 55
restoration of the private right of way. The amount to be recovered from the owner shall be a 56 3
continuing and perpetual lien under section 8(f) of the Litter Control Administration Act of 1985 57
(“Litter Control Act”), effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code § 8-58
807(f)) and may be enforced in the same manner as provided in section 8(f) of the Litter Control 59
Act. 60
(2) For reasonable cause shown, the Mayor may abate the amount of the recovery 61
or lien against the owner and any other charge, expense, penalty, or interest imposed or accruing 62
under this section, including charges, expenses, penalties, and interest accruing under section 8(f) 63
of the Litter Control Act. 64
Sec. 3. Fiscal impact statement. 65
The Council adopts the fiscal impact statement in the committee report as the fiscal 66
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 67
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 68
Sec. 4. Effective date. 69
This act shall take effect following approval of the Mayor (or in the event of veto by the 70
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 71
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 72
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 73
Columbia Register. 74