Chapter 439. To amend chapter 15 of the Code of Law for the District of Columbia, and for other purposes
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Chap. 439: To amend chapter 15 of the Code of Law for the District of Columbia, and for other purposes. Chapter 439 45 Stat. 1437 1929-03-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 70 2 public 1437 Chapter 439.— An Act To amend chapter 15 of the Code of Law for the District of Columbia, and for other purposes.
March 1, 1929.[[S. 4125](/us/bill/70/s/4125).][[Public, No. 890](/us/pl/70/890).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That chapter 15 District of Columbia Code Amendments.Vol. 31, p. 1266, amended.of the Code of Law for the District of Columbia is hereby amended by striking out the provisions of said chapter in entirety down to subchapter 1 thereof and substituting in lieu thereof the following: " “CHAPTER XV Chapter XV.
“Condemnation of Land for Public Use Condemnation of land for public use. “Sec. 483. Land for District of Columbia.— Whenever land in Petition to District Supreme Court, for, if sites can not be purchased from owners.the District is needed by the Commissioners of the District for sites of schoolhouses, fire or police stations, or for a right of way for sewers, or for any other municipal use authorized by Congress, and the same can not be acquired by purchase from the owners thereof at a price satisfactory to the officers of said District authorized to negotiate for the same, application may be made to the Supreme Court of the District by petition in the name of said commissioners for the condemnation of said land or said right of way and the ascertainment of its value.
“Sec. 484. Petition; what to show.— Such petition shall contain Contents of petition.a particular description of the property selected, with the names of the owners thereof and their residences, so far as the same may be ascertained, together with a plan of the land to be taken. “Sec. 484a. The jury commission of the District of Columbia Jury commission to prepare list of qualified persons.shall prepare a special list of persons having the qualifications of jurors, as prescribed by section 215 of this code, and being also freeholders of the District of Columbia.
The jury commission shall To be sealed in locked special box.from time to time as may be necessary write the names contained in said special list on separate and similar pieces of paper, which they shall so fold or roll that the names can not be seen, and shall place the same in a special box to be provided for the purpose, and shall thereupon seal and lock said special box, and after thoroughly shaking the same shall deliver it to the clerk of the Supreme Court of the District of Columbia for safekeeping; but the same shall not be unsealed or opened except by said jury commission.
From Drawing of names.time to time, as ordered by the Supreme Court of the District of Columbia, or one of the justices thereof holding a special term for the trial for condemnation proceedings, the jury commission shall publicly break the seal of said special box and proceed to draw therefrom by lot and without previous examination the names of such number of persons as the said court may from time to time direct to serve as jurors in condemnation proceedings, and certify the names so drawn to the clerk of said court.
At the time of each drawing of condemnation jurors from said special box there shall be in said special box the names of not less than one hundred persons possessing the qualifications hereinbefore prescribed. Except as Qualifications.Vol. 41, pp. 558–560.in this section specially provided, sections 198 to 217, inclusive, of this code, so far as the same may be applicable, shall govern the qualifications of said jurors in condemnation cases and the duties and conduct of said jury commissioners under this section.
No person shall be elegible to serve as a condemnation juror who has served as such juror within one year. “Sec. 485. Citation to Owners. The said court holding a district Citation to owners.Vol. 41, p. 565, amended.court of the United States, shall thereupon cite all the owners and other persons interested to appear in said court, at a time to be fixed by the court, to answer said petition; and if it shall appear to 1438the court that there are any owners or other persons interested who are under disability, the court shall give public notice of the time Guardian ad litem for persons under disability.at which it will proceed with the matter of condemnation; and at such time, if it shall appear that there are any persons under disability who have appeared or who have not appeared, the court shall appoint a guardian ad litem for each such person, and shall thereupon order the jury commission to draw from the special box the names of as many persons as the court may direct, and from among Drawing of jury.persons so drawn the court shall thereupon appoint a jury of five capable and disinterested persons, to which jury the court shall administer an oath or affirmation that they are not interested in any manner in the land to be condemned, and are not related to the parties interested therein, and that they will, without favor or partiality, and to the best of their judgment, appraise the value of the respective interests of all persons concerned in such lands.
Examination of property, and hearings by jury. “Sec. 486. The court, before accepting the jury, shall hear any objections that may be made to any member thereof, and shall have full power and authority to pass upon any such objection, and to Vol. 31, p. 1266, amended.excuse any juror or cause any vacancy in the jury, when empaneled, to be filled; and after the jury shall have been organized and shall have viewed and examined the land and premises affected by the condemnation proceeding, they shall proceed, in the presence of the court, to hear and receive such evidence as may be offered or submitted on behalf of the District of Columbia and by any person or Appraisement.persons having any interest in the proceeding.
When the hearing is concluded, the jury, or a majority of them, shall return to the court, in writing, their appraisement of the value of the interests of all persons, respectively, in such land, where said appraisement shall be recorded. In making their decision, the jury shall take into consideration, whenever a part only is taken, the benefit to the remainder of the tract, and shall give their appraisement accordingly. Setting aside appraisement, and new jury ordered. “Sec. 487.
The said court shall hear and determine any objections or exceptions that may be filed to any appraisement of the jury and shall have the power to vacate and set any appraisement aside, in Vol. 41, p. 566, amended.whole or in part, when satisfied that it is unjust or unreasonable, in which event the court shall order the jury commission to draw from the special box the names of as many persons as the court may direct, and from among the persons so drawn the court shall thereupon appoint a new jury of five capable and disinterested persons, *Provisos.*Acceptance in part.who shall proceed as in the case of the first jury: *Provided,* That if vacated in part the residue of the appraisement as to the land condemned Time limit for objections.shall not be affected thereby: *And provided further,* That the objections or exceptions to the appraisement shall be filed within twenty days after the return of the appraisement to the court: *And provided further,* Confirmation by court.That the appraisement of the new jury shall be final when confirmed by the court.
Payment of confirmed appraisement.Vol. 31, p. 1266, amended. “Sec. 488. If the appraisement of the jury should not be objected to by the parties interested, it shall be confirmed by the court, or, if the appraisement of the new jury is confirmed by the court, the Commissioners of said District shall pay the amount awarded by the jury out of the appropriation made therefor or deposit the same in Vol. 34, p. 154.the same manner as directed in section 491n of said Code of Law, and thereupon the land condemned shall become and be the property of the District.
Time for return of verdict.Vol. 31, p. 1266, amended. “Sec. 489. In every case involving the condemnation of land in the District of Columbia, at the close of the hearing thereof, the court shall fix a time in which the jury shall return its verdict or to report to the court the reasons why said verdict or appraisement can 1439not be returned by the time fixed: *Provided,* That the court shall *Proviso.*Extension.have the power, within its discretion, to extend the time for the return of the verdict or appraisement.
“Sec. 490. It shall be optional with the commissioners to abide Optional acceptance of verdict, etc.Vol. 31, p. 1266.by the verdict of the jury and occupy the land appraised by them, or, within a reasonable time to be fixed by the court in its order confirming the verdict, to abandon the same, without being liable to damage therefor. “Sec. 491. Nothing herein contained shall affect any suit or proceeding Suits for condemning land by United States not affected.*Ante,* p. 1415.heretofore begun, now pending, or hereafter to be instituted by or on behalf of the United States for the condemnation of land for any purpose; but all such suits and proceedings shall be conducted in accordance with existing law op such laws as hereafter may be enacted.
” " Approved, March 1, 1929.
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Chapter 439
To amend chapter 15 of the Code of Law for the District of Columbia, and for other purposes
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