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PUBLIC LAW 90-598-OCT. 17, 1968
[82 STAT.
Public Law 90-598 October 17, 1968 [S-1246]
AN ACT To authorize the ConiiaiHsioner of the District of (^>liimbia to enter into leases for the rental of, or to use or permit the use of, the space over and under streets and alleys in the District of Columbia, and for other purposes.
Be it enacted by the Senate and UonHe of Representatives of the District of United /States of America in Congrean aHuemhied. That this Act may be spac^ut^iiizati'on c-itecl as the "District of Columbia Public Space Utilization Act". Act. SEC. 2. As used in this Act— Defmitions. ^-|^^ jl^^ t^vui "Commissioner" means the Commissioner of the District of Columbia. (2) The term "District'" means the District of Columbia. (8) The term "airspace" means the space above and below a street or alley under the jurisdiction of the Commissioner. Airspace leases, i^^(._ 3^ j]^g Commissioncr, ill couformity with the comprehensive 1)1 an for the National Capital prepared under section 4 of the National 66 Stat. 785. Capital Planning Act of 1952 (40 U.S.C. 71c), ma;^— (1) enter into leases for the use of airspace in the District to an extent not inconsistent with the use, operation, and maintenance of, any street or alley; (2) use airspace for such public purposes as are authorized by law; (3) enter into agreements with the Federal Government for the purpose of receiving grants or other financial assistance under Federal programs in connection with the construction, use, or operation of any structure in airspace; and (4) enter into agreements with the Federal Government to enable the Federal Government to construct Federal buildings in the space above and below any street or alley, title to which is in the District. Private use g^c. 4. Any IcasB of airspace entered into under this Act shall provisions.
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provide^— (1) that such airspace shall not be used to deprive any real property not owned by the lessee of easements of light, air, and access; (2) for a clearance of at least fifteen feet between the recorded grade of a street or alley and the lowest portion of any structure (other than supporting columns) constructed over such street or alley; (3) that upon the expiration or termination of the lease of airspace the Commissioner may require (at the expense of the lessee or his successor in interest) the removal of any structure constructed or erected in such airspace and the restoration of such airspace to its condition prior to the construction or erection of such structure; (4) that all the rights, duties, terms, conditions, agreements, and covenants set forth and contained in such lease shall run with the abutting real property owned by the lessee and shall apply to the lessee, his heirs, legal representatives, successors, and assignees; (5) that the lessee shall, at his expense, record a copy of the lease in the Office of the Recorder of Deeds of the District of Columbia; (6) for the payment of such rents and fees, and the posting of such bond or such other security, by the lessee, as the Commissioner determines to be necessary or desirable; and (7) for such other terms and conditions as the Commissioner determines to be necessary or desirable.
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