CHAPTER 254

FORMERLY

SENATE BILL NO. 213

AS AMENDED BY SENATE AMENDMENT NO. 1

AND HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 7, DELAWARE CODE, TO GIVE THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL THE POWER TO EMINENT DOMAIN WHEN NECESSARY TO CARRY OUT THE PURPOSES OF CHAPTER 68.

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

Section 1. Chapter 68, Title 7, Delaware Code, is amended by adding a new Section 6810 to read as follows:

§6810. Eminent domain

(a) The Secretary may, through negotiation or condemnation proceedings under Chapter 61, Title 10, Delaware Code, acquire the fee simple or any lesser interests in the land whenever : two thirds or more of the property owners of property included in the project area along a private beach, as defined by the Department, have agreed to allow the Department to undertake any or all necessary works to protect, and enhance the beaches; and allow free public access to the beach; providing, however, that the agreeing property owners own at least two-thirds of the property included in the project area.

(b) The Secretary may include the costs of obtaining any such fee simple or lesser interests including but not limited to, attorney's fees, appraisal costs, surveying charges, title search, and land acquisition costs in the total project costs.

(c) The authority granted in this section shall be limited in application to those beaches on the shores of the Delaware Bay."

Approved February 5, 1974.