D.C. Code § 9-401.19: Restoration of certain private roads, alleys, and rights of way by the District.

*NOTE: This section includes amendments by emergency legislation that will expire on October 28, 2026. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a)

The Mayor may repair or restore a privately owned road, alley, or other right of way ("private right of way") described in subsection (b) of this section to such condition as the Mayor deems appropriate for the passage of motor vehicles owned or operated by the District government, and the Mayor may enter such private right of way for the purpose of such repair or restoration with or without the consent of the owner of the property.

(b)

The private right of way referred to in subsection (a) of this section is private property that meets each of the following conditions:

(1)

The owner has covenanted to the District that the private property shall be subject to an easement and right of way for the passing of motor vehicles by others, or has otherwise provided such an easement and right of way;

(2)

The District government uses, or in the event of emergency, would likely use, the private right of way for the passage of District government motor vehicles;

(3)

The private right of way is not in a state of good repair, as determined by the Mayor, for the passing of motor vehicles by the District government; and

(4)

The Mayor, after reasonable effort, has been unable to locate the owner of the private property.

(c)

Before repairing or restoring a private right of way under subsection (a) of this section, the Mayor shall attempt to:

(1)

Obtain from each owner of private property adjacent to the private right of way, and each owner of property likely to be impacted by the repair or restoration of the private right of way, a release of liability and indemnification related to the repair or restoration; and

(2)

Obtain such other releases and indemnifications as the Mayor deems appropriate.

(d)

(1)

If the covenant referred to in subsection (b)(1) of this section requires the owner of the private right of way to maintain the private right of way in a condition suitable for the passage of motor vehicles, the Mayor may recover from the owner of the private right of way the cost and expenses incurred by the District under this section for the repair and restoration of the private right of way. The amount to be recovered from the owner shall be a continuing and perpetual lien under § 8-807(f), and may be enforced in the same manner as provided in § 8-807(f).

(2)

For good cause shown, the Mayor may abate the amount of the recovery or lien imposed under paragraph (1) of this subsection and any charges, expenses, penalties, and interest accruing under § 8-807(f).

(e)

(1)

The Mayor may repair or restore a private right-of-way to such condition as the Mayor deems appropriate for the passage of motor vehicles owned or operated by the District government, and the Mayor may enter such private right-of-way for the purpose of such repair or restoration; provided, that:

(A)

The private right-of-way is used by the District government to provide regular trash removal service;

(B)

The private right-of-way is not in a state of good repair, as determined by the Mayor, for the passing of motor vehicles by the District government for regular trash removal service;

(C)

The owner of the private right-of-way has not covenanted for the benefit of the District government, and is not otherwise legally obligated for the benefit of the District government, to maintain the private right-of-way in a state of good repair for regular trash removal service; and

(D)

The owner of the private right-of-way has consented to the Mayor's repair or restoration of the private right-of-way and has provided a release of liability and indemnification related to the repair or restoration.

(2)

Before repairing or restoring a private right-of-way under this subsection, the Mayor shall attempt to:

(A)

Obtain from each owner of property likely to be impacted by the repair or restoration of the private right-of-way a release of liability and indemnification related to the repair or restoration; and

(B)

Obtain such other releases and indemnifications as the Mayor deems appropriate.

(f)

As a condition of repairing or restoring a private right-of-way under this section, the Mayor may impose such terms and conditions as the Mayor deems appropriate.