CHAPTER 440

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

EXECUTIVE ORDER

NUMBER THIRTY-NINE

TO: Heads of all State Departments, Agencies, and School Boards

SUBJECT: Acquisitions and Dispositions of Real Property Held or to be Held in the Name of the State of Delaware or any Agency Thereof.

WHEREAS, A considerable amount of real property is exchanged involving the interests of the State of Delaware; and

WHEREAS, The development and location of State-owned real property affects the long-range physical development of the State as a whole; and

WHEREAS, Economies can be realized by avoiding duplication of State facilities and by avoiding the haphazard purchase and sale of real property; and

WHEREAS, The need exists for centralized review of real property transactions where the State of Delaware has an interest; and

WHEREAS, An inventory of State-owned property must be accurately maintained and kept up to date;

NOW, THEREFORE, by virtue of the authority vested in me as Governor of Delaware, it is hereby ordered as follows:

1. All proposed acquisitions and dispositions of real property held or to be held in the name of the State of Delaware or any Agency thereof will be submitted to the State Planning Office prior to the consummation of the contemplated transaction, except as provided in part 3 of this Order.

2. The State Planning Office will study the proposed transaction, recommend appropriate action and refer the recommendation to the Governor for approval or disapproval. The Governor will notify the State Planning Office of his decision regarding the recommendation. The State Planning Office will notify the proper agency of the Governor's action.

3. In the case of Highway Department projects, the approval of the highway program and authorized modifications thereto shall be deemed as approval for acquiring lands for the rights-of-way, lands severed and/or seriously affected by acquisition of the rights-of-way and lands bearing materials necessary for the execution of projects that have their need established by the program. Acquisitions not included in or established by the program, or authorized revisions thereof, will be subject to parts one and two, above, of this Order. The State Planning Office will be advised of any modifications in the program when such are approved by the State Highway Department.

4. After all real property transactions in which the State of Delaware has an interest have been consummated, the final disposition or acquisition will be reported to the State Planning Office for inventory purposes.

5. All State Agencies contemplating real property acquisitions are urged to contact the State Planning Office for a review of the inventory of existing real property owned by the State.

6. Nothing in this Order shall be construed to supersede, alter or interpret any existing law.

Approved this 5th day of June, 1964.

ELBERT N. CARVEL

By the Governor

(GREAT SEAL)

Attest: ELISHA C. DUKES, Secretary of State