CHAPTER 274

AN ACT TO AMEND CHAPTER 1, TITLE 22, DELAWARE CODE, RELATING TO MUNICIPALITIES.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each House thereof concurring therein):

Section 1. Chapter 1, Title 22, Delaware Code, is amended by adding the following:

§ 105. Withdrawal or removal of property from city or town; special election; voting rights

The General Assembly shall not enact any law which removes real property from within the limits of any city or incorporated town in this State until after the question of such removal shall have first been submitted to the governing body of said city or incorporated town and at a special election to the qualified voters and real estate owners of the city or incorporated town. The governing body of said city or incorporated town must first grant its approval by an affirmative vote by a majority of the members of said body. When a special election is held the majority of the qualified voters and real estate owners in such city or incorporated town must vote their approval to the removal from within the limits of the city or incorporated town. Then and only then shall such real property be removed from the assessment rolls of the city or incorporated town. Such special election shall be held by the proper election officers of the city or incorporated town. The requirements for the right to vote in deciding the removal of property from a city or town shall be the same as those that exist for all other municipal elections that are held in the municipality involved.

Approved July 14,1969.