CHAPTER 492

FORMERLY

SENATE BILL NO. 670

AN ACT TO GRANT APPROVAL TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO PURCHASE A TRACT OF LAND WITHIN KILLENS POND STATE PARK, KENT COUNTY, DELAWARE.

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 unimproved land consisting of approximately 19.4+ acres known as the Layton Tract located adjacent to and surrounded by Killens Pond State Park near Felton, Delaware; and

WHEREAS, the present owners of the Layton Tract have applied for a proposed 16 lot residential subdivision through the Kent County Regional Planning Commission; and

WHEREAS, the Kent County Planning Office is in opposition to said subdivision plan for lack of conformance with Kent County comprehensive plan and endorses acquisition by the Department of Natural Resources and Environmental Control since this tract of land is adjacent to and surrounded by Killens Pond State Park which will enhance the expansion of recreational and preservation activities in compliance with the park master plan; and

WHEREAS, appraisals have been completed on the Layton Tract, and the fair market value for the Layton Tract is $63,500.00; and

WHEREAS, the Department of Natural Resources and Environmental Control has established an account from federal reimbursement on previous acquisition with adequate funds to acquire the Layton Tract without use of additional State funds; and

WHEREAS, a land survey was completed by a registered Delaware land surveyor verifying the tract acreage.

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 Layton Tract within Killens Pond State Park situated in Kent County, near Felton, Delaware at the established fair market value plus required closing costs.

Section 2. Funds to acquire said purchase shall be obtained from federal reimbursement account requiring no additional use of State monies.

Section 3. 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 4. The purchase price shall be matched with Federal Land and Water Conservation Funds to the fullest extent possible.

Approved July 11, 1978.