D.C. Super. Ct. Civ. R. 71.1

(a) APPLICABILITY OF OTHER RULES. These rules govern proceedings to condemn

real and personal property by eminent domain, except as this rule provides otherwise.

(b) JOINDER OF PROPERTIES. The plaintiff may join separate pieces of property in a

single action, no matter whether they are owned by the same persons or sought for the

same use.

(c) COMPLAINT.

(1) Caption. The complaint must contain a caption as provided in Rule 10(a). The

plaintiff must, however, name as defendants both the property—designated generally by

kind, quantity, and location—and at least one owner of some part of or interest in the

property.

(2) Contents. The complaint must contain a short and plain statement of the following:

(A) the authority for the taking;

(B) the uses for which the property is to be taken;

(C) a description sufficient to identify the property;

(D) the interests to be acquired; and

(E) for each piece of property, a designation of each defendant who has been joined

as an owner or owner of an interest in it.

(3) Parties. When the action commences, the plaintiff need join as defendants only

those persons who have or claim an interest in the property and whose names are then

known. But before any hearing on compensation, the plaintiff must add as defendants

all those persons who have or claim an interest and whose names have become known

or can be found by a reasonably diligent search of the records, considering both the

property’s character and value and the interests to be acquired. All others may be made

defendants under the designation "Unknown Owners."

(4) Procedure. Notice must be served on all defendants as provided in Rule 71.1(d),

whether they were named as defendants when the action commenced or were added

later. A defendant may answer as provided in Rule 71.1(e). The court, meanwhile, may

order any distribution of a deposit that the facts warrant.

(5) Filing; Additional Copies. In addition to filing the complaint, the plaintiff must give

the clerk at least one copy for the defendants’ use and additional copies at the request

of the clerk or a defendant.

(d) PROCESS.

(1) Delivering Notice to the Clerk. On filing a complaint, the plaintiff must promptly

deliver to the clerk joint or several notices directed to the named defendants. When

adding defendants, the plaintiff must deliver to the clerk additional notices directed to

the new defendants.

(2) Contents of the Notice.

(A) Main Contents. Each notice must name the court, the title of the action, and the

defendant to whom it is directed. It must describe the property sufficiently to identify it,

but need not describe any property other than that to be taken from the named

defendant. The notice must also state:

(i) that the action is to condemn property;

(ii) the interest to be taken;

(iii) the authority for the taking;

(iv) the uses for which the property is to be taken;

(v) that the defendant may serve an answer on the plaintiff's attorney within 21

days after being served with the notice;

(vi) that the failure to so serve an answer constitutes consent to the taking and to

the court’s authority to proceed with the action and fix the compensation; and

(vii) that a defendant who does not serve an answer may file notice of

appearance.

(B) Conclusion. The notice must conclude with the name, telephone number, and e-

mail address of the plaintiff's attorney and an address within the District of Columbia

where the attorney may be served.

(3) Serving the Notice.

(A) Personal Service. When a defendant whose address is known resides within the

United States or a territory subject to the administrative or judicial jurisdiction of the

United States, personal service of the notice (without a copy of the complaint) must be

made in accordance with Rule 4.

(B) Service by Publication.

(i) A defendant may be served by publication only when the plaintiff’s attorney files

a certificate stating that the attorney believes the defendant cannot be personally

served, because after diligent inquiry, the defendant's place of residence is still

unknown or, if known, that it is beyond the territorial limits of personal service. Service is

then made by publishing the notice—once a week for at least 3 successive weeks—in a

newspaper published in the District of Columbia or, if there is no such newspaper, in a

newspaper with general circulation where the property is located. Before the last

publication, a copy of the notice must also be mailed to every defendant who cannot be

personally served but whose place of residence is then known. Unknown owners may

be served by publication in the same manner by a notice addressed to "Unknown

Owners".

(ii) Service by publication is complete on the date of the last publication. The

plaintiff’s attorney must prove publication and mailing by a certificate, attach a printed

copy of the published notice, and mark on the copy the newspaper’s name and the

dates of publication.

(4) Effect of Delivery and Service. Delivering the notice to the clerk and serving it have

the same effect as serving a summons under Rule 4.

(5) Proof of Service; Amending the Proof or Notice. Rule 4(l) governs proof of service.

The court may permit the proof or the notice to be amended.

(e) APPEARANCE OR ANSWER.

(1) Notice of Appearance. A defendant that has no objection or defense to the taking

of its property may serve a notice of appearance designating the property in which it

claims an interest. The defendant must then be given notice of all later proceedings

affecting the defendant.

(2) Answer. A defendant that has an objection or defense to the taking must serve an

answer within 21 days after being served with the notice. The answer must:

(A) identify the property in which the defendant claims an interest;

(B) state the nature and extent of the interest; and

(C) state all the defendant's objections and defenses to the taking.

(3) Waiver of Other Objections and Defenses; Evidence on Compensation. A

defendant waives all objections and defenses not stated in its answer. No other

pleading or motion asserting an additional objection or defense is allowed. But at the

trial on compensation, a defendant—whether or not it has previously appeared or

answered—may present evidence on the amount of compensation to be paid and may

share in the award.

(f) AMENDING PLEADINGS. Without leave of court, the plaintiff may—as often as it

wants—amend the complaint at any time before the trial on compensation. But no

amendment may be made if it would result in a dismissal inconsistent with Rule

71.1(i)(1) or (2). The plaintiff need not serve a copy of an amendment, but must serve

notice of the filing, as provided in Rule 5(b), on every affected party who has appeared

and, as provided in Rule 71.1(d), on every affected party who has not appeared. In

addition, the plaintiff must give the clerk at least one copy of each amendment for the

defendants’ use, and additional copies at the request of the clerk or a defendant. A

defendant may appear or answer in the time and manner and with the same effect as

provided in Rule 71.1(e).

(g) SUBSTITUTING PARTIES. If a defendant dies, becomes incompetent, or transfers

an interest after being joined, the court may, on motion and notice of hearing, order that

the proper party be substituted. Service of the motion and notice on a nonparty must be

made as provided in Rule 71.1(d)(3).

(h) TRIAL OF THE ISSUES. The trial must be conducted pursuant to applicable

statutes.

(i) DISMISSAL OF THE ACTION OR A DEFENDANT.

(1) Dismissing the Action.

(A) By the Plaintiff. If no compensation hearing on a piece of property has begun,

and if the plaintiff has not acquired title or a lesser interest or taken possession, the

plaintiff may, without a court order, dismiss the action as to that property by filing a

notice of dismissal briefly describing the property.

(B) By Stipulation. Before a judgment is entered vesting the plaintiff with title or a

lesser interest in or possession of property, the plaintiff and affected defendants may,

without a court order, dismiss the action in whole or in part by filing a stipulation of

dismissal. And if the parties so stipulate, the court may vacate a judgment already

entered.

(C) By Court Order. At any time before compensation has been determined and

paid, the court may, after a motion and hearing, dismiss the action as to a piece of

property. But if the plaintiff has already taken title, a lesser interest, or possession as to

any part of it, the court must award compensation for the title, lesser interest, or

possession taken.

(2) Dismissing a Defendant. The court may at any time dismiss a defendant who was

unnecessarily or improperly joined.

(3) Effect. A dismissal is without prejudice unless otherwise stated in the notice,

stipulation, or court order.

(j) DEPOSIT AND ITS DISTRIBUTION.

(1) Deposit. The plaintiff must deposit with the court any money required by law as a

condition to the exercise of eminent domain and may make a deposit when allowed by

statute.

(2) Distribution; Adjusting Distribution. After a deposit, the court and attorneys must

expedite the proceedings so as to distribute the deposit and to determine and pay

compensation. If the compensation finally awarded to a defendant exceeds the amount

distributed to that defendant, the court must enter judgment against the plaintiff for the

deficiency. If the compensation awarded to a defendant is less than the amount

distributed to that defendant, the court must enter judgment against that defendant for

the overpayment.

(k) [Omitted].

(l) COSTS. Costs are not subject to Rule 54(d).