SENATE BILL NO. 332
AS AMENDED BY SENATE AMENDMENT NO. 2
AN ACT TO AMEND CHAPTER 1, TITLE 22 OF THE DELAWARE CODE RELATING TO THE AUTHORIZATION FOR MUNICIPALITIES TO ACQUIRE, THROUGH EMINENT DOMAIN, PROPERTIES TO BE REHABILITATED USING FEDERAL COMMUNITY DEVELOPMENT FUNDS FOR BOTH ACQUISITION AND REHABILITATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):
Section 1. Amend Chapter 1, Title 22 of the Delaware Code by adding thereto a new section to read as follows:
"Section 107. Use of Eminent Domain Powers for Federal Community Development Programs.
(a) Declaration of Necessity
It is found and declared that there exists in the City of Wilmington, areas which, as a whole, are not slum or blighted areas, but which contain parcels that are in a deteriorated condition which is injurious and inimical to the public health, safety, morals and welfare of the residents of such areas; that the existence of said deteriorated parcels impairs or impedes the sound growth of the City of Wilmington; that said parcels require acquisition for clearance and/or rehabilitation to prevent further decline or decay of the parcel and/or its surrounding area; that federally funded community development programs exist for the purpose of eliminating such deteriorated parcels and that said community development housing rehabilitation program is in addition to and furtherance of the provisions of the Slum Clearance and Redevelopment Act (Title 31 of the Delaware Code, Chapter 35).
(b) The City of Wilmington may acquire real property by the exercise of the power of eminent domain whenever it may deem It necessary and to be unsafe in violation of the building provisions of the City of Wilmington's building code and after the appropriate official has declared that acquisition and rehabilitation is a necessary part of an overall community development program, a public purpose, and funds are available to accomplish this purpose, whether or not continued public ownership is contemplated; provided, the City of Wilmington shall rehabilitate or cause to be rehabilitated any property acquired pursuant to this section within twenty-four (24) months of the date of its acquisition by the City of Wilmington. The City of Wilmington may acquire real property under this section after the adoption by it of an ordinance describing the property containing the appropriate declarations. The City of Wilmington may exercise the power of eminent domain in the manner prescribed by Chapter 61 of Title 10 of the Delaware Code. Property already devoted to a public use may be acquired in the like manner; provided, that no real property belonging to the County, or the State may be acquired without its consent. When the City of Wilmington has found and determined by ordinance that certain real property described therein is necessary for a community development housing rehabilitation program, the ordinance shall be conclusive evidence that the acquisition of such real property is necessary for the public purpose described therein."
Approved July 12, 1979.