CHAPTER 534

FORMERLY

HOUSE BILL NO. 1092

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT AUTHORIZING THE DEPARTMENT OF CORRECTION TO ACQUIRE A CERTAIN PARCEL OF PROPERTY AND TO EXERCISE THE RIGHT OF EMINENT DOMAIN.

WHEREAS, the Department of Correction has determined that the construction and operation of a multi-purpose intake and diagnostic center housing approximately 360 inmates is necessary for the health, safety and welfare of the people of Delaware; and

WHEREAS, the Department of Correction, after a thorough feasibility study has determined that the most suitable location for such a diagnostic center is 14.00 acres of land situate within the City of Wilmington sometimes known as the "Gander Hill" or "12th Street B Site."

NOW, THEREFORE:

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

Section 1. The Department of Correction may acquire, by lease, purchase, condemnation proceedings or otherwise, and hold in the name of the State for the use of the Department, all or so much of as may be necessary, that certain lot or piece of land, with improvements erected thereon, situated in New Castle County, City of Wilmington, generally but not by way of limitation bounded and described as follows:

"Approximately 14 acres, generally bounded on the north and west by the main right-of-way of the successor to the Pennsylvania Railroad, and thence on the north and east by the southwesterly edge of the right-of-way known as Fourteenth Street, and thence

on the east (approximately 375 feet along the easterly edge of the right-of-way known as Marsh Road) to the northeasterly corner of the intersection of the rights-of-way known as 13th Street and Dure Street, and thence in a sourtheasterly direction, approximately 300 feet along a line represented by the extension of the northeasterly edge of the right-of-way known as 13th Street, and thence southwesterly approximately 340 feet along a line perpendicular to the right-of-way known as 12th Street, and thence northwesterly along the northeasterly edge of the right-of-way known as 12th Street to the main right-of-way of the successor to the Pennsylvania Railroad."

Section 2. If the Department of Correction cannot agree with the owner of any land, building, franchise, easement or other property interest to be taken under Section 1 hereof, the Department of Correction may exercise the right of eminent domain, in the name of the State, by instituting condemnation proceedings in accordance with Chapter 61 of Title 10.

Section 3. The right of eminent domain herein conferred extends to and includes the right to acquire the fee simple title to any leads taken by the Department pursuant to this Act.

Section 4. The fact that the property so needed has been acquired by the owner under power of eminent domain, or is currently committed to other public use, or is subject to any land or zoning restrictions imposed by ordinance, rule or regaultions of a political subdivision of the State shall not prevent its acquisition by the Department of its use for any purpose authorized by Chapter 65, Title 11, Delaware Code.

Section 5. All property acquired in accordance with this enactment is deemed public property for public use.

Approved September 7, 1978.