What's
Happening Now
On December 13,
2001, the Mayor
gave DDOT's recommendation
on Klingle Road.
However, the DC Council's Counsel wrote an opinion,
dated January 4, 2002, to Linda Cropp, Chairwoman and
Councilmember Carol Schwartz, Chairwoman, Committee of
Public Works and the Environment, stating that the Mayor
should transmit legislation to the Council for its approval
to close Klingle Road.
On January 10,
2002, Chairwoman
Linda Cropp sent a letter to the Mayor requesting the
Mayor submit legislation to the Council to effectuate his
proposal to convert Klingle Road into a hiker and biker
trail. To proceed with his proposal in the absence of
enacted legislation would be contrary to decades of
precedent, would undermine the Council's authority over
street closings as well as the District's longstanding
position vis a vis the federal government regarding local
authority over street closings, and would possibly subject
the District to litigation for failure to comply with local
law.
DC Could Lose the Road: In
the instant case the property appears to have been dedicated
for the specific purpose of a public highway. It is a basic
tenet of property law that where land is conveyed conditioned
on a specified use for the property by the grantor, the
grantee may continue to use the property as long as the
condition is met. If the grantees fails to use the property
as specified, the property may revert to the grantor or some
other designated party.
On February 8, 2002, Councilmember Schwartz wrote a letter
to the Mayor urging him to respond "soon" with
legislation.
In
May 2002, during the Budget Support Act hearing, At-Large
Phil Mendelson attempted to strike Klingle Road language from
the Fiscal Year 2003 Budget Support Act. Mendelson's
proposal was defeated by a 10-3 vote.
The "Klingle Road Council Review Act of 2002" states:
"Notwithstanding any other provision of law, no capital
program of federal
highway aid projects, federal-aid highway contract, or funds
from any source
may be expended for Klingle Road, N.W., for any purpose except
to facilitate
the movement of motor vehicle traffic until a resolution has
been
transmitted to, and approved by the Council authorizing the
proposed use.
This section shall not preclude critically needed remediation
work
including, but not limited to, repair to storm sewer system
and protections
against further erosion of the roadbed."
January
7, 2003 Councilmembers Cropp, Schwartz,
Graham, Fenty, Catania and Orange co-sponsor the "Klingle
Road Restoration Act of 2003, (Bill 15-61)"
which supports the opening and repair of Klingle
Road. While we support this legislation, there are
some details in which we need to work out. Contact us
at support@friendsofklingleroad.org
We are not giving up the
fight.
Join us by registering and
please send a letter we have prepared to the DC
Councilmembers and the Mayor here. |
