40 U.S.C. § 8731: Acquiring land for park…

§8731 Acquiring Land for Park, Parkway, or Playground Purposes

Title 40 › SUBTITLE II — PUBLIC BUILDINGS AND WORKS › PART D — PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA › CHAPTER 87 — PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION › SUBCHAPTER IV — ACQUIRING AND DISPOSING OF LAND › § 8731

Last updated Sep 22, 2026|Official source

Summary

The National Capital Planning Commission must get land it thinks is needed for the National Capital park, parkway, and playground system in the District of Columbia and nearby parts of Maryland and Virginia. It must stay within the money Congress provides and ask the Commission of Fine Arts for advice when choosing land. The Commission can buy land if the price is reasonable or use a condemnation proceeding (a legal taking) if it cannot buy at a reasonable price. Condemnation in D.C. must follow section 1 of the Act of December 23, 1963 (Public Law 88–241, 77 Stat. 571). Land in D.C. becomes part of the D.C. park system and is controlled by the Director of the National Park Service, though playground areas may be given to the Mayor for playground use. Land in Maryland or Virginia is controlled as agreed with those states’ officials. The President must approve any condemnation plans, purchase contracts, and agreements with Maryland or Virginia.

Title 40, §8731

Public Buildings, Property, and Works, Source: USLM XML via OLRC

(a)Authority To Acquire Land.— (b) How Land May Be Acquired.—

The National Capitol Planning Commission shall acquire land the Planning Commission believes is necessary and desirable in the District of Columbia and adjacent areas in Maryland and Virginia for suitable development of the National Capital park, parkway, and playground system. The acquisition must be within the limits of the appropriations made for those purposes. The Planning Commission shall request the advice of the Commission of Fine Arts in selecting land to be acquired.

(c)Control of Land.— (d) Presidential Approval Required.—

(1)Land in the district of columbia.—

Land acquired in the District of Columbia shall be a part of the park system of the District of Columbia and be under the control of the Director of the National Park Service. The National Capital Planning Commission may assign areas suitable for playground purposes to the control of the Mayor of the District of Columbia for playground purposes.

(2)Land in maryland or virginia.—

Land acquired in Maryland or Virginia shall be controlled as determined by agreement between the Planning Commission and the proper officials of Maryland or Virginia.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 8731(a)40:72 (1st, 4th sentences).June 6, 1924, ch. 270, § 11, formerly § 2, 43 Stat. 463; renumbered § 11, July 19, 1952, ch. 949, § 2 (1st sentence), 66 Stat. 791. 8731(b)40:72 (2d, 3d sentence). 8731(c)40:73 (3d–last sentences).June 6, 1924, ch. 270, § 12 (3d–last sentences), formerly § 3 (3d–last sentences), 43 Stat. 463; renumbered § 12, July 19, 1952, ch. 949, § 2 (1st sentence), 66 Stat. 791. 8731(d)40:72 (last sentence). In subsection (a), the words “or a majority thereof” are omitted as unnecessary. In subsection (b)(2), the words “section 1 of the Act of December 23, 1963 (Public Law 88–241, 77 Stat. 572)” are substituted for 40:72 (2d sentence words after “in accordance with”) because provisions in section 3 of the Act of August 30, 1890 (ch. 837, 26 Stat. 412), established the act as permanent and general. The act therefore was classified to 40:120, which was superseded by the Act of March 1, 1929 (ch. 416, 45 Stat. 1415), which was classified to 40:361 et seq. That law was repealed by section 21(b) of the Act of December 23, 1963 (Public Law 88–241, 77 Stat. 627), with the subject matter of those sections being restated in section 1 of that Act. In subsection (b)(3), the words “either by purchase or condemnation proceedings” and “as to acquisition and payment for the lands as it shall determine upon” are omitted as unnecessary. In subsection (c)(1), the words “Director of the National Park Service” are substituted for “Chief of Engineers of the United States Army” [subsequently changed to “Director of Public Buildings and Public Parks” by section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983)] because of section 1(words before 3d comma in 2d complete par. on p. 389) of the Act of March 2, 1934 (ch. 38, 48 Stat. 389). In subsection (c)(2), the words “in Maryland or Virginia” are substituted for “outside the District of Columbia” for clarity and for consistency in this section. The words “such agreements to be subject to the approval of the President” are omitted because of 40:72 (last sentence), restated as subsection (d).

Editorial Notes

References in Text

section 1 of the Act of December 23, 1963, referred to in subsec. (b)(2), is section 1 of Pub. L. 88–241, Dec. 23, 1963, 77 Stat. 478, which enacted general and permanent laws relating to judiciary and judicial procedure in the District of Columbia, and which is not classified to the Code.