CHAPTER 121

AUTHORIZING STATE TREASURER TO TRANSFER A CERTAIN SUM TO THE COMMISSIONERS OF THE TOWN OF LEWES

AN ACT AUTHORIZING AND DIRECTING THE STATE TREASURER OF THE STATE OF DELAWARE TO TRANSFER TO THE COMMISSIONERS OF LEWES, A MUNICIPAL CORPORATION OF THE STATE OF DELAWARE, THE SUM OF $62,046.80 CONSTITUTING THE AMOUNT AWARDED BY THE DISTRICT COURT OF THE UNITED STATES OF AMERICA, IN AND FOR TILE DISTRICT OF DELAWARE, FROM THE CONDEMNATION OF 1010.8 ACRES, MORE OR LESS, OF LAND SITUATE IN SUSSEX COUNTY.

WHEREAS, on or about the 7th day of June, 1949, following certain condemnation proceedings theretofore conducted in the United States District Court for the District of Delaware, by means of which proceedings legal title to 1010.8 acres, more or less, of land in the Fort Miles Reservation near Lewes, in Sussex County, Delaware, was taken by the United States of America under eminent domain proceedings by order of the District Judge of the District Court of the United States of America, in and for the District of Delaware, the sum of $62,046.80 was paid over by the United States of America to the State Treasurer of the State of Delaware who now holds said fund on deposit to the credit of the State of Delaware in a special account; and

WHEREAS, in the written opinion of the District Court Judge dated June 24, 1944, in such proceedings it was determined that the Commissioners of Lewes, a municipal corporation of the State of Delaware, was at the time of the taking of the condemned real property vested with full exclusive authority, control and jurisdiction over the lands of Cape Henlopen, of which the condemned lands were a part, as Trustee or Agent designated by the State of Delaware in and by virtue of the Act of the General Assembly of the State of Delaware approved May 21, 1941, known as Chapter 170, 43 Laws of Delaware, 1941, which said Act authorized the Commissioners of the Town of Lewes to apply the proceeds arising out of certain uses of said land to such improvements of the Town as they deemed proper; and

WHEREAS, from the time of the early history of the State of Delaware until the present time, the authority of the Commissioners of Lewes over such lands, beaches and marshes has been recognized by the State of Delaware in various acts of legislation with respect thereto; NOW, THEREFORE,

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the Members elected to each Branch thereof concurring therein):

Section 1., That the sum of $62,046.80 paid on or about June 7, 1949 to the State Treasurer of the State of Delaware by order of the United States District Court for the District of Delaware following the condemnation proceedings conducted therein, which said sum is now on deposit to the credit of the State of Delaware in a special account, shall be, and the same hereby is, appropriated to the Commissioners of Lewes as Trustees thereof, to be administered and applied by said Trustees to such use in the improvement and development of the lands, marshes and beaches comprising Cape Henlopen as they may deem proper.

Approved May 22, 1951.