Code of the District of Columbia

§ 6–913. Review of order of condemnation.

The order of condemnation by the Board for the Condemnation of Insanitary Buildings may be appealed to the Superior Court of the District of Columbia for a review of the record and the Court may affirm, reverse, remove, or modify the decision, or take any other appropriate action the Court may consider necessary or appropriate. The Court shall examine the administrative record of the Board for the Condemnation of Insanitary Buildings to determine whether there has been procedural error, whether there is substantial evidence in the record to support the findings, or whether the action of the Board was in some manner arbitrary, capricious, or an abuse of discretion.

(May 1, 1906, 34 Stat. 160, ch. 2073, § 13; Aug. 28, 1954, 68 Stat. 888, ch. 1032; Apr. 27, 2001, D.C. Law 13-281, § 103(f), 48 DCR 1888.)

Prior Codifications

1981 Ed., § 5-713.

1973 Ed., § 5-628.

Section References

This section is referenced in § 6-907 and § 6-914.

Effect of Amendments

D.C. Law 13-281 rewrote the section which prior thereto read:

“Any owner of property affected by an order of condemnation issued under the authority contained in this chapter shall be entitled to a review of such order by the Condemnation Review Board established by the Mayor in accordance with the provisions of § 6-902, upon making application to said Condemnation Review Board, in writing, within 15 days from the date on which such owner has been served notice of such order of condemnation, and upon payment of a fee of $25. The said Condemnation Review Board shall be authorized by the Mayor to affirm, modify, or vacate any order of condemnation issued under the authority contained in this chapter.”

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.