CHAPTER 406

AN ACT TO AMEND CHAPTER 61, TITLE 10, DELAWARE CODE, ENTITLED "CONDEMNATION" BY PROVIDING FOR THE ADMISSIBILITY OF EVIDENCE OF COSTS IN CONNECTION WITH CHURCH PROPERTY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend § 6108, Chapter 61, Title 10, Delaware Code, as amended, by adding the following to (e):

A religious corporation or religious body of the State of Delaware as a party to a condemnation proceeding may present as competent or relevant testimony upon the issue of just compensation the reasonable costs as of the date of the taking of the church property, of erecting a new structure of substantially the same size and of comparable character and quality of construction as the acquired church structure, at some other suitable and comparable location to be provided by such religious corporation or body. The admissibility of such evidence is conditioned upon the religious corporation or religious body being a duly constituted legal corporation or body and using the acquired site as a church or place of religious worship; and upon the further condition that the new structure or building to be erected for religious worship shall be located within the county of the State of Delaware in which the acquired site is located at the time of the taking of possession of said acquired site.

Approved July 26, 1968.