Page:United States Statutes at Large Volume 82.djvu/1198

 1156

PUBLIC LAW 90-596-OCT. 17, 1968

[82 STAT.

Public Law 90-596 October 17, 1968 [S.1247]

District of Columbia P u b l i c Space Rental Act.

AN ACT 'l'i> authorize the Coininissioner of the District of Cohiiubia to tix and collect rents for the occupancy of space in, on, under, or over the streets of the District of Colmnbia, to authorize the closing of unused or unsafe vaults under such streets and the correction of dangerous conditions of vaults in or vault openings on public spac*es, and for other purposes. Be it enacted by the Senate and Houfie of Representatives United States of America in Congress assembled,

of the

TITLE I — S H O R TITLE, STATEMENT OF F I N D I N G S, AND POLICY DEFINITIONS

Definitions.

SEC. 101. This Act may be cited as the "District of Columbia Public Space Rental Act". SEC. 102. The Congress finds that there is demand in the District for the use of public space for private gain by the owners of property abutting such space, or by the operators of businesses on such property. The (\)ngress further finds that much of the use that is presently being made of such space by such owners or operators, and much of the use that is proposed to be made thereof, would not be in derogation of the rights of the general public to use such space if a determination be made by the Commissioner that some or all of such space is not required for the use of the general public and may be made available for use, for business purposes, by or with the consent of the owners of the private property abutting such public space, subject to the payment of adequate compensation for the use of such public space, and subject to the discontinuance of such use to the extent that the (Commissioner may later determine such space to be required for the use of the genera] public, including use by a public utility company. The Congress therefore declares that public space in the District which the Commissioner finds is not required for the use of the general public may be made available by him for use, for business purposes, by or with the consent of the owners of private property abutting such space, upon payment to the District of compensation for the use of such space, and on the condition that such use will be discontinued in whole or in part whenever the Commissioner determines that all or part of the public space is required for the use of the general public. SEC. 103. As used in this Act, unless the context requires otherwise— "Commissioner*" means the Commissioner of the District or his designated agent. "District'- means the District of Columbia. "Owner" means (1) any person, or any one of a number of persons, in whom is vested all or any part of the beneficial ownership, dominion, or title of property; (2) the committee, conservator, or legal guardian of an owner who is non compos mentis, a minor child, or otherwise under a disability; or (3) a trustee elected or appointed, or required by law, to execute a trust, other than a trustee under a deed of trust to secure the repayment of a loan. "Parking" means that area, of public space which lies between the property line and the edge of the actual or planned sidewalk which is nearer to such property line, as such property line and sidewalk are shown on the records of the District. "Property" means real property. "Property line" means the line of demarcation between privately owned property fronting or abutting a street and the publicly owned property in the line of such street.

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