_____________________________ Councilmember Jack Evans 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

A BILL ___________

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ___________

Councilmembers Evans introduced the following bill, which was referred to the Committee on _______________. To amend Chapter 13 of Title 16 of the District of Columbia Official Code with respect to real property tax assessment information that may be considered as evidence to estimate just compensation in eminent domain proceedings.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this Act shall be cited as the Real Property Tax Assessment Evidence Clarification Act of 2011. Sec. 2. Chapter 13 of Title 16 of the District of Columbia Official Code is amended to read as follows: (a) Section 16-1317 is amended to read: "The court, before accepting the jury in a condemnation proceeding pursuant to this subchapter, shall hear any objections that may be made to any member thereof, and may pass upon any objection, and may excuse any juror or cause any vacancy in the jury, when empanelled, to be filled. After the jury is organized and has 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 any evidence offered or submitted on behalf of the District of Columbia and by any person having an interest in the proceeding. The owner of property subject

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to the condemnation proceeding may elect to present as evidence the assessed value of the property, as determined by the Office of Tax and Revenue, if the assessed value for the tax year in which the taking occurred is greater than the District's appraised value placed upon the property. 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 the real property, where the appraisement shall be recorded. In making their decision, the jury shall take into consideration, when a part only is taken, the benefit to the remainder of the tract, and shall give their appraisement accordingly." Sec. 3. Fiscal impact statement. The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(3)). Sec. 4. Effective date. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the District of Columbia Register.