CHAPTER 6 - CESSION OF SUSSEX COUNTY AIRPORT TO UNITED STATES

AN ACT AUTHORIZING THE LEVY COURT OF SUSSEX COUNTY TO CONVEY TO THE UNITED STATES OF AMERICA OR ANY INSTRUMENTALITY THEREOF, THE TITLE TO CERTAIN LANDS OF THE AIRPORT AND LANDING FIELD OF SUSSEX COUNTY AND RATIFYING AN OPTION GRANTED TO THE UNITED STATES OF AMERICA.

WHEREAS, the Levy Court of Sussex County has acquired the absolute title in certain tracts, pieces or parcels of land in Georgetown Hundred, Sussex County and State of Delaware, about one mile southeast of the Town of Georgetown, Delaware, said title being in the name of the STATE OF DELAWARE, for the use of Sussex County, for the purpose of constructing an Airport and Landing Field in Sussex County; and

WHEREAS, the Levy Court of Sussex County has heretofore entered into agreements, whereby the STATE OF DELAWARE, for the use of Sussex County, has acquired the perpetual right and privilege of cutting and felling such trees and brush now standing upon certain other lands adjacent to the above lands which constitute a menace or hazard to the use of the said Airport and Landing Field; and

WHEREAS, the Levy Court of Sussex County entered into negotiations and agreements with the Civil Aeronautics Administration to construct runways and other improvements on said lands; and

WHEREAS, the Civil Aeronautics Administration has constructed runways, drainage and other improvements on said Airport and Landing Field; and

WHEREAS, THE UNITED STATES OF AMERICA has requested that the Levy Court of Sussex County lease the said Airport and Landing Field to THE UNITED STATES OF AMERICA for its use to train pilots for the United States Navy Air Force; and

WHEREAS, pursuant to the request of THE UNITED STATES OF AMERICA, the Levy Court of Sussex County has, on the Twenty-Sixth day of January, A. D. 1945, entered into an agreement with THE UNITED STATES OF AMERICA acting through its authorized agent, whereby the Levy Court of Sussex County did lease the said Airport and Landing Field to THE UNITED STATES OF AMERICA for its use to train pilots for the United States Navy Air Force; and

WHEREAS, under the provisions of the Agreement of Lease, aforesaid, the Levy Court of Sussex County agreed to convey to THE UNITED STATES OF AMERICA on the request of THE UNITED STATES OF AMERICA all the right, title and interest which the State of Delaware, for the use of Sussex County, has or may hereafter acquire in and to all lands upon which permanent or temporary structures and improvements of any nature have been constructed out of Navy appropriations during the period ending six (6) months after the present states of war, provided that such lands do not lie within 250 feet of the center line of any runway; and all lands upon which aprons, warm-up platforms or parking platforms constructed out of Navy appropriations are located, regardless of whether or not such lands lie within 250 feet of the center line of any runway, provided that such request of THE UNITED STATES OF AMERICA shall not include more than fifty percent (50%) of all areas suitable for airport buildings; now, therefore,

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That the said Agreement to lease the Airport and Landing Field of the STATE OF DELAWARE, for the use of Sussex County, to THE UNITED STATES OF AMERICA for its use for training purposes for the United States Navy Air Force be and it is hereby ratified.

Section 2. That the Levy Court of Sussex County is hereby authorized and empowered, on request, to execute and deliver a good and sufficient deed to THE UNITED STATES OF AMERICA or any instrumentality thereof, conveying all right, title and interest the State of Delaware, for the use of Sussex County, now has or hereinafter acquires in and to the lands of the Airport and Landing Field of Sussex County, upon which permanent or temporary structures and improvements of any nature have been constructed out of Navy appropriations during the period ending six (6) months after the present states of war, provided, nevertheless, that such lands do not lie within 250 feet of the center line of any runway; also all lands upon which aprons, warm-up platforms or parking platforms constructed out of Navy appropriations are located, regardless of whether or not such lands lie within 250 feet of the center line of any runway; provided, that the Levy Court shall not convey more than fifty percent (50%) of all areas suitable for airport buildings.

Section 3. The Levy Court of Sussex County, acting by the signature of its President and under its Seal duly attested by its Secretary, is and they are hereby authorized and empowered to execute any deed or deeds, conveyance or conveyances to THE UNITED STATES OF AMERICA or any instrumentality thereof, which THE UNITED STATES OF AMERICA, acting through its authorized agent, shall request under the Agreement of Lease executed by the said Levy Court of Sussex County on the Twenty-Sixth day of January, A. D. 1945, provided that all deed or deeds, conveyance or conveyances shall not be binding unless first authorized or later ratified or confirmed by resolution of the said Levy Court of Sussex County duly adopted.

Section 4. All acts or parts of acts, if any, inconsistent with this Act are hereby repealed.

Approved February 9, 1945.