The General Counsel of the District of Columbia disagrees with this claim. “Although the Klingle Road plat has conditional language specifying the purpose that the land is to be used, it does not contain any reversionary language. Case law has held that in the absence of reversionary language, the grantee receives the property in fee simple.” “Fee simple” is a legal term for a simple sale.

If the issue landed in court, the General Counsel said that D.C. would likely receive the right of way in fee simple, and therefore, “the District would hold title to the property even if the property [is] not used as a public highway.”