CHAPTER 395

FORMERLY

SENATE SUBSTITUTE NO, 1

TO

SENATE BILL NO. 637

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AUTHORIZE THE PURCHASE OF CERTAIN LAND BY THE STATE OF DELAWARE AND APPROVE THE TRANSFER OF THAT REAL PROPERTY SITUATED IN NEW CASTLE COUNTY TO NEW CASTLE COUNTY.

WHEREAS, the State of Delaware and the Penn Central Company recently concluded litigation in which the State unsuccessfully claimed title to land along the Delaware River in New Castle County; and

WHEREAS, upon completion of that litigation the parties entered into active negotiation for the purchase of the land by the State of Delaware; and

WHEREAS, in furtherance of those negotiations, the Fiscal Year 1973 Bond Bill, (Chapter 578, Volume 58; Laws of Delaware) provided an appropriation of $250,000 to be used toward the purchase of the land by the State; and

WHEREAS, the Bureau of Outdoor Recreation of the United States Department of the Interior entered into a Project Agreement (#.10-000-57) with the State of Delaware in which the Bureau of Outdoor Recreation agree to pay 50% of the purchase price of said land, subject to its acceptance of appraisals of the fair market value of said real property; and

WHEREAS, negotiations for the purchase of approximately 171 acres along the Delaware River from Edgemoor to Claymont are now in the final stages, for a purchase price of something less than $500,000 authorized by the 1973 Bond Bill and the Bureau of Outdoor Recreation Commitment; and

WHEREAS, it has been determined by the Department of Natural Resources and Environmental Control and the State Planning Office that the maximum, most economical recreational use of this land can be best obtained by New Castle County; and

WHEREAS, New Castle County agrees with the above premise and has obtained a continuing commitment from the Bureau of Outdoor Recreation that the Bureau of Outdoor Recreation will provide 50% of the purchase price subject to its approval of the appraisals of the fair market value of said real property, although the land is thereafter transferred by the State to New Castle County; and

WHEREAS, these lands could serve as a recreational facility for the people of the area; and

WHEREAS, New Castle County is desirous of using said lands for recreational purposes; and

WHEREAS, the State of Delaware is desirous of consummating the purchase and subsequently transferring said lands to New Castle County; and

WHEREAS, it is the intent of the General Assembly that said lands are to be used by New Castle County primarily for recreational purposes;

NOW THEREFORE:

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

Section 1. The Governor and the Secretary of the Department of Natural Resources and Environmental Control are hereby authorized to contract with the Penn Central Company for the purchase of said lands in the name of the State of Delaware at a price not to exceed funds authorized by the State and the Bureau of Outdoor Recreation.

Section 2. On the completion of the purchase authorized by Section 1 hereof, the transfer of the real property to New Castle County for the consideration of one dollar ($1.00), subject to the conditions hereinafter referred to, is hereby specifically approved.

Section 3. The said real property is to be transferred and conveyed to New Castle County upon the condition that it is to be used solely for recreational purposes, and when it is no longer used solely for recreational purposes, the property shall revert to the State.

Section 4. The said real property is to be transferred and conveyed to New Castle County subject to easements and rights of way of record.

Section 5. The Governor and the Secretary of the Department of Natural Resources and Environmental Control are authorized and empowered to execute and deliver to New Castle County a good and sufficient deed transferring and conveying the said real property to New Castle County subject to the above mentioned conditions.

Approved June 28, 1974.