CHAPTER 332

AN ACT RELATING TO THE SALE OF PUBLIC LANDS.

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

Section 1. Amend Chapter 45, Title 7, Delaware Code, by inserting a new section 4520, to read as follows:

§ 4520. Sale of public lands

(a) All lands to which the State of Delaware directly or indirectly holds title, whether legal, equitable or both, shall be deemed public lands within the meaning of this Chapter, except lands purchased or held by the State Housing Department for improvement and/or redevelopment and resale.

(b) The State Highway Department shall not exercise any power vested in it by this Chapter over public lands which are under the supervision and control of any other agency of this State, without first obtaining the consent of such agency, any other section of this Chapter to the contrary notwithstanding, except that nothing in this section shall affect the power of condemnation held by the State Highway Department. Except as limited by subsection (c) hereof, every agency of this State may exercise as heretofore its authority over public lands under its supervision and control.

(c) With the exception of public lands transferred or conveyed to or by the State Highway Department which, in the Department's judgment are needed for the Highway System of the State, within the meaning of Title 17, Delaware Code, Section 137, or transferred or conveyed to or by the State Highway Department in payment or trade for lands needed for the Highway System within the meaning of Title 17, Delaware Code, Section 137, no public lands shall be transferred or conveyed to, or otherwise placed under the control of any person or persons, State, County, or Municipality or any government agency, whether foreign or domestic, having the power to sell or lease such lands unless the Legislature specifically approves the same, and unless done in conformity with the requirements of this Chapter.

Section 2. Wherever the words "State Housing Department" or "State Highway Department" are used in this Act the same shall be deemed to include that department or its successor.

Approved February 11, 1970.