CHAPTER 328

FORMERLY

SENATE BILL NO. 524

AN ACT MAKING A SUPPLEMENTARY APPROPRIATION OF $4256.91 TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO BE USED IN LITIGATION INVOLVING PUBLIC LANDS.

WHEREAS, the responsibility for the administration of the public lands of the State of Delaware was transferred from the Department of Highways and Transportation in November 1970; and

WHEREAS, all of the existing funds in the public lands account transformation to the Department consisting of $19,000 have been spent for legal services incurred in the defense of these public lands; and

WHEREAS, in assuming responsibility for the public lands, the Department of Natural Resources and Environmental Control also assumed responsibility to continue the litigation on the other disputed parcels; and

WHEREAS, the Department of Highways and Transportation (State Highway Department) has been involved in litigation since the widening of Route 14, and in 1968 was directed by the Superior Court to mutually decide with claimants on the boundary lines of contested property; and

WHEREAS, the Highway Department's trial counsel assigned to resolve this matter has billed the Department of Natural Resources and Environmental Control for services performed from 1968 through 1972; and

WHEREAS, in the 1974 Appropriation Act, $10,000 was appropriated for personal services for expenditures on litigation of public lands; however, the services must be performed during the 1974 fiscal year; and

WHEREAS, the Department of Natural Resources and Environmental Control has no monies available in its own budget to pay for services performed from 1968 through 1972.

NOW, THEREFORE,

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

Section 1. The sum of $1,256.91 is hereby appropriated to the Department of Natural Resources and Environmental Control for litigation expenses in the defense of public lands.

Section 2. This Act is a supplementary appropriation, and the funds appropriated herein shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated.

Section 3. Any funds appropriated herein which remain unexpended on June 30, 1974, shall revert to the General Fund of the State of Delaware.

Approved May 21, 1974.