CHAPTER 53

FORMERLY

HOUSE BILL NO. 78

AN ACT TO GRANT APPROVAL TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO PURCHASE A TRACT OF LAND WITHIN LUMS POND STATE PARK, PENCADER HUNDRED, NEW CASTLE COUNTY, KIRKWOOD, DELAWARE.

WHEREAS,. pursuant to the Capital Improvement Bonds Act of 1976, being Chapter 271, Volume 60, Laws of Delaware, money was appropriated to the Department of Natural Resources and Environmental Control; and

WHEREAS, part of that money was set aside in the 1976 Annual Capital Project Schedule for the acquisition of land; and

WHEREAS, Chapter 271, Volume 60, Section 17, Delaware Laws prohibits the Department of Natural Resources and Environmental Control from purchasing any land, the purchase price of which is in excess of $50,000, without prior approval of the General Assembly; and

WHEREAS, the Department of Natural Resources and Environmental Control have taken steps to purchase a tract of improved land consisting of approximately 16.46 acres with improvements known as the Johnson Tract located within Lums Pond State Park near Kirkwood, Delaware; and

WHEREAS, appraisals have been completed on the Johnson Tract; and the fair market value for tract is $86,000; and

WHEREAS, an option to purchase said tract at the fair market value of $86,000 is being obtained; and

WHEREAS, a land survey will be completed by a registered Delaware land surveyor verifying the tract acreage; and

WHEREAS, the tract of land is eligible for 50% Federal Fund assistance through the Land and Water Conservation Fund Act; and

WHEREAS, the tract of land is within the Lums Pond State Park which will enhance the expansion of recreational and preservation activities in compliance with the park master plan.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. The Department of Natural Resources and Environmental Control is hereby granted approval by the 129th General

Assembly of the State of Delaware, pursuant to Chapter 271,' Volume 60, Laws of Delaware, Section 17 to acquire the parcel of land known as the Johnson Tract within Lums Pond State Park, situated in Pencader Hundred, New Castle County, near Kirkwood, Delaware at the established fair market value plus required closing costs.

Section 2. Said purchase shall be made in compliance with Title 29, Chapters 93 and 95, Delaware Code and P. L. 91-646 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

Section 3. The purchase price shall be matched with Federal Land and Water Conservation Funds to the fullest extent possible.

Approved May 21, 1977.